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
The involutions of these astonishing sentences are worthy of the White
Queen at her best, and it is quite a difficult exercise to arrive at
their meaning. So far as I have been able to get at it, it is something
like this:--Trade is free; you neutral merchants have a right to trade
with Germany as with Great Britain; why don’t you? That would be the
‘practice of right.’ Germany has as much right to have you trade with
her as Great Britain has; why do you deny her that right? You allow
yourselves rather ‘to be influenced in the direction of conscious
wilful restriction’ (in other words, you submit to having your cargoes
seized by Great Britain). Of course you have the right to take no
steps to protect your legitimate trade with Germany, and you take none
(in other words, you refuse to resist the seizures of your cargoes by
force); that is ‘the toleration of wrong.’ And so you cease to trade
with Germany. But you have also a perfect right to cease trading in
contraband (especially in arms) with Great Britain. Why don’t you? In
her case you do not allow yourselves ‘to be influenced in the direction
of conscious wilful restriction.’ To all of which the neutral merchants
reply: When you begin to make an appreciable attack upon our trade with
Great Britain and seize our cargoes, then you may be sure that we shall
be influenced ‘in the direction of conscious wilful restriction’ of
that trade also. But until that time arrives, we regret that we cannot
take the risk of having to run the gauntlet of the British Fleet. In
all seriousness these mysterious sentences mean no more than that
Germany has lost such influence upon the sea as she ever had, and the
neutral merchant has made a note of it and governs himself accordingly.
Therefore the traffic in arms, in spite of her pathetic protests, must
go on.
_THE EVOLUTION OF THE DOCTRINES OF CONTRABAND OF WAR AND BLOCKADE_
So much for the Notes and the Answers, and I pass to the realm of
international law.[12] In a recent debate in Parliament a noble Lord
suggested that, in view of German disregard of it, we need not be ‘too
fastidious’ in our application of its principles.[13] Even at the best
of times, before war shook things to their foundations, the layman was
disposed to look on it as a thing of shreds and patches. I am sure
he would be surprised to hear that the principles are coherent, and
that there is a thread of simple common-sense running through all the
various doctrines. The fate of the Empire depends on the action which
the Government takes on these important questions, its honour on this
action being strictly in accordance with the law which the nations have
agreed to. I make no apology, therefore, for treading once more the
well-beaten track, for I take it that it is the business of the good
citizen to know what he is talking about, and in order to help him I
shall begin at the very beginning. And the beginning is War.
_The Meaning of Neutrality_
Public-domain text, read in full here on John Shaqi.
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