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)
Sir George Baden-Powell still fails to see that the Declaration of Paris
was not a piece of legislation, but a contract, producing no effect upon
the rights and duties of nations which were not parties to it. We did
not thereby, as he supposes, "decline to recognise private vessels of
war as competent to use force on neutral merchantmen." We merely bound
ourselves not to use such vessels for such a purpose. Sir George is
still unable to discover for privateers any other category than the
"_status_ of pirate." He admits that it would not be necessary for their
benefit to resort to "the universal use of the fore-yard-arm." Let me
assure him that the bearer of a United States private commission of war
would run no risk even of being hanged at Newgate. President Lincoln, it
is true, at the outset of the Civil War, threatened to treat as pirates
vessels operating under the "pretended authority" of the rebel States;
but he was speedily instructed by his own law Courts--e.g. in the
_Savannah_ and in the _Golden Rocket_ (insurance) cases--that even such
vessels were not pirates _iure gentium_. It is also tolerably
self-evident that we cannot absolutely "close" our ports to any class of
vessels. There is no inconsistency here between my friend Sir Sherston
Baker and myself. We can discourage access, and of course, by refusal of
coal, render egress impossible for privateers. Mr. Coltman would
apparently be inclined to carry this policy so far that he would disarm
and intern even belligerent ships of war which should visit our ports: a
somewhat hazardous innovation, one would think.
It is quite possible that the question of privateering may not become a
practical one during the approaching war. Both parties may expressly
renounce the practice, or they may follow the example of Prussia in
1870, and Russia at a later date, in commissioning fast liners under the
command of naval officers--a practice, by the by, which is not, as Sir
George seems to think, "right in the teeth of the Declaration of Paris."
See Lord Granville's despatch in 1870.
On Sir George's proposals with reference to the carriage of enemy goods,
little more need be said, except to deprecate arguments founded upon the
metaphorical statement that "a vessel is part of the territory covered
by her flag," a statement which Lord Stowell found it necessary to meet
by the assertion that a ship is a "mere movable." There can be no
possible doubt of the right, under international law, of Spain and the
United States to visit and search neutral ships carrying enemy's goods,
and to confiscate such goods when found. They may also visit and search
on many other grounds, and the question (one of policy) is whether,
rather than permit this addition to the list, we choose to take a step
which would practically make us belligerent. This question also, it may
be hoped, will not press for solution.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account