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)
2. The proclamation of 1859 is of a very different character, bearing
traces of the influence of the ideas which had inspired the action of
President Washington in 1793. While carrying on the old, it presents
several new features. British subjects are enjoined to abstain from
violating, not only "the laws and statutes of the realm," but also (for
the first time) "the law of nations." They are also (for the first time)
warned that, if any of them "shall presume, in contempt of this our
Royal Proclamation, and of our high displeasure, to do any acts in
derogation of their duty as subjects of a neutral Sovereign, ... or in
violation of the law of nations, ... as, more especially," by breach of
blockade, or carriage of contraband, &c., they will "rightfully incur,
and be justly liable to, hostile capture, and to the penalties denounced
by the law of nations in that behalf"; and notice is (for the first
time) given that those "who may misconduct themselves in the premises
will do so at their peril, and of their own wrong; and that they will in
no wise obtain any protection from Us against such capture, or such
penalties as aforesaid, but will, on the contrary, incur Our high
displeasure by such misconduct."
The proclamations of 1861 and February and March 1866 complicate
matters, by making the warning clause as to blockade and contraband
apply also to the statutory offences of enlistment, &c.; but the
proclamation of June, 1866, gets rid of this complication by returning
to the formula of 1859, which has been also followed in 1870, 1877,
1898, and in the present year.
The formula as it now stands, after the process of growth already
described, may be said to consist of seven parts--viz. (1) a recital
of neutrality; (2) a command to subjects to observe a strict neutrality,
and to abstain from contravention of the laws of the realm or the law of
nations in relation thereto; (3) a recital of the Foreign Enlistment Act
of 1870; (4) a command that the statute be obeyed, upon pain of the
penalties thereby imposed, "and of Our high displeasure"; (5) a warning
to observe the duties of neutrality, and to respect the exercise of
belligerent rights; (6) a further warning to those who, in contempt of
the proclamation "and of Our high displeasure," may do any acts "in
derogation of neutral duty, or in violation of the law of nations,"
especially by breach of blockade, carriage of contraband, &c., that they
will be liable to capture "and to the penalties denounced by the law of
nations"; (7) a notification that persons so misconducting themselves
"will in no wise obtain any protection from Us," but will, "on the
contrary, incur Our high displeasure by such misconduct."
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