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
The American Notes to Germany--The Protest to Great Britain against
the Order In Council--Mr. Norman Angell’s Plan for the Neutralization
of the Sea--His Threat of War with the United States--German Idea
of a ‘Free Sea’--General View of the Main Provision of the Order in
Council--Application of the Law of Vendor and Purchaser: Contracts
F.O.B.--Declaration of Paris: Free Ships make Free Goods--A
Suggested Solution of all Difficulties--Effect of the Order in
Council--American Acquiescence in a ‘Long-Distance Blockade’--Relation
between Contraband of War and Blockade--Sovereignty over Neutral
Ships--Withdrawal of National Protection from Ships carrying
Contraband of War--Right of Search no Infringement of National
Jurisdiction--Doctrine of ‘Continuous Voyages’ and the Order in
Council--Reprisals--The Orders in Council of 1807--The American
_caveat_--Criticism of Note in the ‘North American Review’--Continuing
Contracts entered into before the War.
The quality of diplomatic courtesy between the United States and
Germany is much strained, for the submarine pirates have sunk American
ships, and have drowned American citizens bound on their lawful errands
on British ships. On the 14th of May, Germany was informed for the
second time that she would be held to strict accountability for any
infringement of the rights of American citizens, whether intentional
or accidental, and in her methods of attack against the trade of her
enemies she was called on no longer to disregard ‘those rules of
fairness, reason, justice, and humanity, which all modern opinion
regards as imperative.’ On the 11th of June, the defence that the
_Lusitania_ was carrying contraband was brushed aside as irrelevant
to the question of the legality of those methods. The German reply
being evasive and justificatory, on the 23rd of July a third warning
was given: if the offence should continue unabated the action would
be treated as ‘deliberately unfriendly.’ These Notes derive their
dignity from their obvious restraint, from the measured insistence of
their words, and from the scrupulous exactitude in the statement of
the principles they appeal to. No saner judgment was ever pronounced
against a criminal, and, though a golden bridge has been offered for
retreat, they will stand against Germany as a permanent record of her
iniquity.
But a curiously paradoxical situation arises with regard to ourselves.
The very virtue of these Notes is bound to react to our prejudice; for
other neutrals may too readily assume that those same high qualities
are also to be found in the Note of the 30th of March, protesting
against the British Order in Council issued as a reply to the German
submarine attacks on merchant shipping in the ‘war-zone.’ There is
also a minute minority of our own people who have a perverse habit of
thinking that ‘after all’ we _may_ be wrong, and they will not fail to
apply their favourite doctrine in this case.
Public-domain text, read in full here on John Shaqi.
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