Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
History
Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
to which certain courses of conduct will expose them at the hands of
belligerents, and to inform them that the British Government will not
protect them against such treatment. The reason why our Government will
abstain from interference is, not that such courses of action are
offences either against international or English law, but that it has no
right to so interfere; having become a party to a rule of international
law, under which a neutral Government waives the right, which it would
otherwise possess, to protect the trade of its subjects from
molestation.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, November 28 (1904).
THE BRITISH PROCLAMATION OF NEUTRALITY
Sir,--Enquiries which have reached me with reference to the observations
which I recently addressed to you upon the British Proclamation of
Neutrality induce me to think that some account of the development of
the text of the proclamation now in use may be of interest to your
readers. The proclamations with which I am acquainted conform to one or
other of two main types, each of which has its history.
1. The earlier proclamations merely call attention to the English law
against enlistments, &c., for foreign service; and command obedience to
the law, upon pain of the penalties thereby inflicted, "and of his
Majesty's high displeasure." In the proclamation of 1817, the tacit
reference is doubtless to certain Acts of George II, which, having been
passed for a very different purpose, and having proved inadequate in
their new application, were repealed by the Foreign Enlistment Act of
1819. This is the Act to which reference is made in the proclamations of
1823 and 1825; in the former of which we first get a recital of
neutrality; while in the latter the clause enjoining all subjects
strictly to observe the duties of neutrality and to respect the exercise
of belligerent rights first makes its appearance.
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