The neutral merchant: in relation to the law of contraband of war and blockade under the order in Council of 11th March, 1915 — John Shaqi
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
that the right of visiting and searching merchant ships upon the
high seas, whatever be the ships, whatever be the cargoes, whatever
be their destination, is an incontestable right of the lawfully
commissioned cruisers of a belligerent nation.... This right is so
clear in principle that no man can deny it who admits the legality of
maritime capture, because if you are not at liberty to ascertain by
sufficient inquiry whether there is property that can be captured, it
is impossible to capture.
On this another rule has been grafted which is suggested by the
enunciation of the law as to the right of search. That right _must_ be
exercised for the very same reason that the right has been allowed, for
otherwise you do not know whether you have the right to seize. From the
_right of search_ has therefore developed the _duty to search_; and
it is the omission to recognise this duty that has plunged the German
Admiralty into its piratical career.
_The Doctrine of Continuous Voyages_
But the heart of the neutral merchant is desperately ingenious,
especially when his country is contiguous to the theatre of war, and no
sooner had he obtained the inch to which practical considerations made
him appear to be entitled than he developed it into an ell of his own
imagining. He argued thus: A neutral vessel bound to an enemy port is
liable to detention, because the presumption is that she has cargo for
the enemy, and that her cargo is probably contraband; the presumption
also is that cargoes on board a vessel bound for a neutral port are not
destined for the enemy, even though they may be contraband; nothing
easier than to bring them across the sea in a neutral vessel with a
neutral destination; all that remains to be done is to pass them on
to the belligerent, either transhipping them into another vessel and
sending it down the coast, out of the way of the attentions of the
enemy’s cruisers, or better still, if the neutral and belligerent
countries are contiguous, by rail across the border. And the best of
the plan is that the shipper on the other side of the water, say some
innocent merchant in copper in the United States, need know nothing
about it, so that if by chance the cargo does get seized he will do all
the shouting.
Public-domain text, read in full here on John Shaqi.
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