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)
In any case, let me express my cordial concurrence with your hope that,
when hostilities are over, some really universal and lasting agreement
may be arrived at with reference to the matters dealt with, as I venture
to think prematurely, by the Declaration of Paris. A reform of maritime
law to which the United States are not a party is of little worth. That
search for contraband of war can ever be suppressed I do not believe,
and fear that it may be many years before divergent national interests
can be so far reconciled as to secure an agreement as to the list of
contraband articles. In the meantime this country is unfortunately a
party to that astonishing piece of draftsmanship, the "three rules" of
the Treaty of Washington, to which less reference than might have been
expected has been made in recent discussions. The ambiguities of this
document, which have prevented it from ever being, as was intended,
brought to the notice of the other Powers, with a view to their
acceptance of it, are such that, its redrafting, or, better still, its
cancellation, should be the first care of both contracting parties when
the wished for congress shall take place.
May I add that no serious student of international law is likely either
to overrate the authority which it most beneficially exercises, or to
conceive of it as an unalterable body of theory.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Brighton, April 21 (1898).
OUR MERCANTILE MARINE IN WAR
Sir,--Let me assure Sir George Baden-Powell that if, as he seems to
think, I have been unsuccessful in grasping the meaning of his very
interesting letters, it has not been from neglect to study them with the
attention which is due to anything which he may write. How privateering,
previously innocent, can have become piratical, _i.e._ an offence,
everywhere justiciable, against the Law of Nations, if the Declaration
of Paris was not in the nature of a piece of legislation, I confess
myself unable to understand; but have no wish to repeat the remarks
which you have already allowed me to make upon the subject.
I shall, however, be glad at once to remove the impression suggested by
Sir George's letter of this morning, that Art. 7 of the Spanish Decree
of April 24 has any bearing upon the legitimacy of privateering
generally. The article in question (following, by the by, the very
questionable precedent of a notification issued by Admiral Baudin,
during the war between France and Mexico in 1889) merely threatens with
punishment neutrals who may accept letters of marque from a belligerent
Government.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, April 27 (1898).
THE DECLARATION OF PARIS
Sir,--There is really no question at issue between your two
correspondents Mr. Gibson Bowles and "Anglo-Saxon" as to the attitude of
the United States towards the Declaration of Paris.
Public-domain text, read in full here on John Shaqi.
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