The neutral merchant: in relation to the law of contraband of war and blockade under the order in Council of 11th March, 1915Piggott, Francis Taylor
History
The neutral merchant: in relation to the law of contraband of war and blockade under the order in Council of 11th March, 1915
Piggott, Francis Taylor
Blockade; Contraband of war; Neutrality; World War, 1914-1918
Granted the soundness of the American proposition, the British case
falls within it; the ‘imperative necessity for the safety of the
country’ has arisen. As to concealed contraband the case is even
clearer. Cotton is not on the list of contraband. But information has
reached the Government that ‘precisely because we have declared our
intention of not interfering with cotton, ships carrying cotton will
be specially selected to carry concealed contraband; and we have been
warned that copper will be concealed in bales of cotton.’ For this
there is only one remedy: the cargo must be examined and the bales
weighed; further, this cannot be done at sea, therefore the ship must
be brought into port. The general justification of the action of the
British Government is couched in these weighty words, which go to the
foundations of the whole law of contraband and the right of search:
‘We are confronted with the growing danger that neutral countries
contiguous to the enemy will become, on a scale hitherto unprecedented,
a base of supplies for the armed forces of our enemies and for
materials for manufacturing armament.... We endeavour, in the interest
of our own national safety, to prevent this danger by intercepting
goods really destined for the enemy, without interfering with those
which are _bona-fide_ neutral.’
The extraordinary procedure adopted by the United States Government of
_prohibiting_ the publication of manifests within thirty days after
the departure of vessels from American ports, obviously increased the
difficulties of the British Government in exercising its right of
search even in the most ordinary circumstances. If I am right in my
view that the duty of neutrals is to do nothing, for the simple reason
that any action may be of assistance to one of the belligerents, it
must be confessed that this order comes perilously near to a breach of
neutrality.
The reply deals also with the seizure of foodstuffs, but it is
unnecessary, in view of subsequent action taken in regard to them, to
refer to this part of the document. It also mentions a somewhat unusual
complaint, not included in the American Note, of our own embargo on
rubber, imposed in consequence of a new trade in exporting rubber
from the United States in suspiciously large quantities to neutral
countries, which had sprung up since the war. The complaint is not very
intelligible, because it looks at embargo from the wrong point of view.
The right point of view is explained later in this article.
Public-domain text, read in full here on John Shaqi.
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