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
* * * * *
I have come to the threshold of a subject of gravest importance,
the new policy of the British Government adopted in answer to the
‘war-zone’ declaration of Germany, and I stop. To devote to it merely
the end of an already long article would not be treating it with the
consideration which it deserves, and which the question demands.
Moreover, it would not be expedient for an ex-official Englishman
to discuss the subject controversially at present. It is sufficient
that the measure has been adopted after full and mature consideration
by the Government, that the question is political as well as legal,
and for us it must be taken to be within the legitimate powers of a
belligerent. Presently, to judge from what has already happened, there
certainly will be any amount of nonsense talked and written about it;
already the term ‘paper-blockade’ has come in handily for the making
of a paragraph, and some bold spirit has hit upon a brand-new term,
‘long-distance blockade.’ Also there has been some not very wise talk
about ‘Two wrongs not making a right.’ I would suggest to those who
feel irresistibly impelled to discuss the question that they should
omit the word ‘blockade,’ for, as we have seen, it is a pernicketty
term, and all sorts of legal niceties spring up in its train. I have
endeavoured to show that ‘blockade’ is the extreme manifestation of the
force known as sea-power against the enemy, that sea-power lies at the
root of the authority which has been given to the series of principles
governing belligerent interference with neutral trade, and that these
principles are not a mere adventitious set of rules drawn up at odd
times as wars at sea occasioned them. The principles and the rules have
resulted from the play of natural forces, exerted by the belligerents
on the one side, by the neutral merchant on the other. The rules are
not even a compromise. The clash of forces has thrown off alternating
sparks, rules recognising now the right of the one, now the right of
the other. But in the supreme display of sea-power known as ‘blockade’
we find that the right of the belligerent does, as is inevitable, take
the upper hand, and the right of the neutral disappears. And there are
two French maxims worthy of note just now: ‘_Qui veut les fins veut les
moyens_,’ and ‘_Qui peut plus peut moins_.’
* * * * *
P.S.--I must briefly refer to two questions which appear at first sight
to conflict with the principles advanced in this article--Foreign
Enlistment, and the King’s Proclamations of Neutrality.
Public-domain text, read in full here on John Shaqi.
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