Much, however, as that treaty has done for the peace of the world, by
assimilating in these respects the maritime law of nations, it has left
many customs unchanged to challenge still the attention of reformers.
It is therefore of some practical interest to consider of what nature
future changes should be, inasmuch as, if we cannot agree to cease from
fighting altogether, the next best thing we can do is to reduce the
pretexts for it to as few as possible.
The reservation, then, in favour of confiscating property that is
contraband of war has left the right of visiting and searching neutral
or hostile merchantmen for contraband untouched; though nothing has
been a more fruitful source of quarrel than the want of a common
definition of what constitutes contraband. Anything which, without
further manipulation, adds directly to an enemy’s power, as weapons
of war, are contraband by universal admission; but whether corn and
provisions are, as some text-writers assert and others deny; whether
coined money, horses, or saddles are, as was decided in 1863 between
the Northern Powers of Europe; whether tar and pitch for ships are, as
was disputed between England and Sweden for 200 years; whether coal
should be, as Prince Bismarck claimed against England in 1870; or
whether rice is a war-threatening point of difference between England
and France in this very year of grace; these are questions that remain
absolutely undecided, or are left to the treaties between the several
Powers or the arbitrary caprice of belligerents.
The Declaration of Paris was equally silent as to the right (demanded
by all the Powers save England) for ships of war, which have always
been exempt from search, to exempt from search also the merchant
vessels sailing under their convoy. So fundamental a divergence between
the maritime usages of different countries can only be sustained under
the peril of incurring hostility and war, without any corresponding
advantage in compensation.
Public-domain text, read in full here on John Shaqi.
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