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
a progressive science; it has not yet pronounced its last word on the
relations between belligerency and neutrality. A neutral Government is
not entitled to assume that it alone is the judge of what that last
word will be.
These fundamental principles have been lost sight of in the Protests
of the United States to Great Britain. Yet there never was a case in
which calm discussion was more necessary, for we have come to a point
when the question is definitely raised whether international law is
to stand still where the last war left it, or whether its principles
are sufficiently elastic to allow of their adaptation to modern
developments of the machinery of war. I say deliberately that this calm
discussion must result in the completest justification of the Order in
Council; if it does not, the doom of international law is certain.
But the discussion which has arisen round the Order in Council has one
peculiar feature. It is, I suppose, one of the blessings resulting
from freedom of speech that our own people should criticise the action
of their Government, even when the country is engaged in a conflict
which must be fought out to the bitter end. To so much of the world
as lies beyond the shadow of the clouds of war, that little fragment
of it which is still capable of calm thinking, this curious spectacle
has been presented, that to the passionate assertions of the Central
Powers, to the dispassionate threats of the United States, there has
been added the angry criticism of our own people, in which the press
and correspondents, of high and low degree of learning, have joined
without remorse. I have looked in vain for one defender of the faith.
Assuredly American dialectic needed no such heartening; the insistence
that the American view of international law is alone worthy to be
received needed no such support as it has had from our own people. It
is true that some of them have been inspired by the British desire
that, whate’er betide, England must fight fair. But the end which the
angry criticism had in view, and professes to have achieved, was not
this at all; it was that the Government should take other steps to
accomplish what had already been accomplished by the Order in Council,
should decline on a range of lower action, and a narrower line of legal
thought. The new Protest, in paragraph 19, does not fail to make the
point. Whatever it may be worth, the distinguished chemists, foremost
among the critics, are responsible for furnishing the United States
with the argument.
Public-domain text, read in full here on John Shaqi.
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