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
With this problem, devised in some such human fashion, the United
States was faced during the Civil War, and the Judges settled it in
characteristic and logical manner. They discovered the doctrine of
‘continuous voyages.’ It is nothing more than the simple application
of elementary principles, and is arrived at by the elimination of
the presumption of innocence which the voyage to the neutral port
raised. All presumptions may be rebutted, and this one manifestly.
‘Be the destination what it may,’ the right of search existed; the
presumption had only been allowed to grow because it was convenient.
If goods destined for the enemy reached him by way of a neutral port,
that port was only an intermediate destination; the ultimate consignee
was the enemy, and there was a continuous voyage to him from the
port of shipment. Therefore the seizure, and therefore the search,
were justified, and could not be denied merely because ‘the final
destination of the cargo was left so skilfully open.’
But the neutral merchant’s wits are sharpened by much profit in
prospect; he is no simpleton, and a consignment of, let us say, copper
from the United States is not likely to be addressed ‘Herr Krupp von
Bohlen, Essen, _viâ_ Rotterdam, by kind favour of Messrs. Petersen &
Co.’ Hence a most ingenious argument conducted on the principle ‘You
shut your eyes, I’ll keep mine open.’ A consignment ‘to order’ (as
‘to the order of Messrs. Petersen & Co.’) may perhaps be legitimately
seized, because the words do not clearly indicate the Dutch firm to
be the real purchasers; but certainly not a consignment to a specific
person (as to Messrs. Petersen & Co., Rotterdam). The sophistry is
obvious; it does not negative the possibility that Messrs. Petersen &
Co. are either acting as buyers for, or have imported the goods with
the intention of passing them on to, Herr Krupp of Essen. And with the
help of trade statistics the possibility may be discovered to be a
probability.
_Embargo_
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