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)
"cette mesure d'un caractère général soulévera indubitablement contre
notre pays un mécontentement universel."
2. A far more important question is, I venture to think, raised by the
Russian list of contraband, sweeping, as it does, into the category of
"absolutely contraband" articles things such as provisions and coal, to
which a contraband character, in any sense of the term, has usually been
denied on the Continent, while Great Britain and the United States have
admitted them into the category of "conditional" contraband, only when
shown to be suitable and destined for the armed forces of the enemy, or
for the relief of a place besieged. Still more unwarrantable is the
Russian claim to interfere with the trade in raw cotton. Her prohibition
of this trade is wholly unprecedented, for the treatment of cotton
during the American Civil War will be found on examination to have no
bearing on the question under consideration. I touch to-day upon this
large subject only to express a hope that our Government, in concert, if
possible, with other neutral Governments, has communicated to that of
Russia, with reference to its list of prohibited articles, a protest in
language as unmistakable as that employed by our Foreign Office in 1885;
"I regret to have to inform you, M. l'Ambassadeur," wrote Lord
Granville, "that Her Majesty's Government feel compelled to take
exception to the proposed measure, as they cannot admit that,
consistently with the law and practice of nations, and with the rights
of neutrals, provisions in general can be treated as contraband of war."
A timely warning that a claim is inadmissible is surely preferable to
waiting till bad feeling has been aroused by the concrete application of
an objectionable doctrine.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, August I (1904).
RUSSIAN PRIZE LAW
Sir,--From this hilltop I observe that, in the debate of Thursday last,
Mr. Gibson Bowles, alluding to a letter of mine which appeared in your
issue of August 6, complained that I "had not given the proper
reference" to Lord Stowell's judgments. Mr. Bowles seems to be unaware
that in referring to a decided case the page mentioned is, in the
absence of any indication to the contrary, invariably that on which the
report of the case commences. I may perhaps also be allowed to say that
he, in my opinion, misapprehends the effect of the passage quoted by him
from the _Felicity_, which decides only that, whatever may be the
justification for the destruction of a neutral prize, the neutral owner
is entitled, as against the captor, to full compensation for the loss
thereby sustained.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Eggishorn, Valais, Suisse, August 14 (1904).
RUSSIAN PRIZE LAW
Sir,--Mr. Gibson Bowles has, I find, addressed to you a letter in which
he attempts to controvert two statements of mine by the simple expedient
of omitting essential portions of each of them.
Public-domain text, read in full here on John Shaqi.
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