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)
It follows that, in recommending that any action taken by privateers
against British vessels should be treated as an act of piracy, Sir
George Baden-Powell is advocating an inadmissible atrocity, which
derives no countenance from the view theoretically maintained by the
United States, at the outset of the Civil War, of the illegality of
commissions granted by the Southern Confederation. His recommendation
that our ports should be "closed" to privateers is not very
intelligible. Privateers would, of course, be placed under the
restrictions which were imposed in 1870, in accordance with Lord
Granville's instructions, even on the men-of-war of belligerents. They
would be forbidden to bring in prizes, to stay more than twenty-four
hours, to leave within twenty-four hours of the start of a ship of the
other belligerent, to take more coal than enough to carry them to the
nearest home port, and to take any further supply of coal within three
months. We might, no doubt, carry discouragement of privateers by so
much further as to make refusal of coal absolute in their case, but
hardly so far as to deny entry to them under stress of weather.
The difficulties in the way of accepting Sir G. Baden-Powell's other
suggestion are of a different order. Although we could not complain of
the confiscation by either of the supposed belligerents of enemy
property found in British vessels, as being a violation of international
duty, we might, at our own proper peril, announce that we should treat
such confiscation as "an act of war." International law has long
abandoned the attempt to define a "just cause of war." That must be left
to the appreciation of the nations concerned. So to announce would be,
in effect, to say: "Although by acting as you propose you would violate
no rule, yet the consequences would be so injurious to me that I should
throw my sword into the opposite scale." We should be acting in the
spirit of the "Armed Neutralities" of 1780 and 1800. The expediency of
so doing depends, first, upon the extent to which the success of our
action would obviate the mischief against which it would be directed;
and, secondly, upon the likelihood that the benefit which could be
obtained only by imposing a new rule of international law _in invitos_
would counterbalance the odium incurred by its imposition. On the former
question it may be worth while to remind the mercantile community that,
even under the Declaration of Paris, neutral trade must inevitably be
put to much inconvenience. Any merchant vessel may be stopped with a
view to the verification of her national character, of which the flag is
no conclusive evidence. She is further liable to be visited and searched
on suspicion of being engaged in the carriage of contraband, or of enemy
military persons, or of despatches, or in running a blockade. Should the
commander of the visiting cruiser "have probable cause" for suspecting
any of these things, though the vessel is in fact innocent of them, he
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