It may at first sight seem to be an anomaly--some, indeed, would
represent it as a mere survival of barbarism--that whereas in war on
land the private property of an enemy's subjects is, by the established
law and custom of civilized nations, not liable to capture or
destruction without compensation to its owners, the opposite rule still
prevails in war at sea. But a little consideration will, I think, show
that the analogy sought to be established between the two cases is a
very imperfect one. War on land does _ipso facto_ suspend in large
measure the free transport of commerce in transit. As between the two
belligerents it interrupts it altogether. Moreover, throughout the
territory occupied by the enemy, the railways, and in large measure the
roads, are practically monopolized for the movements of his troops and
the transport of his supplies--in a word for the maintenance of his
communications. There can have been little or no consignment of goods
from Paris to Berlin or _vice versa_ during the war of 1870, and even
though at certain stages of the war goods might have been consigned,
say, from Lyons to Geneva, or from Lille to Brussels, yet such cases are
really only the counterparts of the frequent failure of one
belligerent's cruisers to intercept the merchant vessels of the other on
the high seas. Again, in the case of a beleaguered fortress, the
besiegers would never dream of allowing a convoy of food or of munitions
of war--or for the matter of that of merchandise of any kind--to enter
the fortress. They would intercept it as a matter of course, and if
necessary they would appropriate it to their own use. The upshot of it
all is that even in war on land the transit of all commerce, albeit the
private property of some one, is practically suspended within the area
of the territory occupied, and very seriously impeded throughout the
whole country subject to invasion. It is not, therefore, true to say
without many qualifications that in war private property is respected on
land and not respected at sea. The only difference that I can discern is
that by the law and custom of nations private property cannot be
appropriated on land, whereas at sea it can. But this difference is not
really essential. The essential thing in both cases is that the wealth
of the enemy is diminished and the credit of his traders destroyed--a
far more important matter in these days than the destruction of this or
that cargo of his goods--by the suspension of that interchange of
commodities with other nations which is the chief element of national
prosperity, and may be, as in the case of England, the indispensable
condition of national existence. Indeed, although private property on
land is exempt from capture, and at sea it is not, yet there are many
nations which would suffer far more from the interruption of their
mercantile communications which war on land entails than they would from
the destruction of their commerce at sea.
Public-domain text, read in full here on John Shaqi.
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