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
its merchants’ commerce with the Allies, because the British Fleet in
its right of war is controlling their commerce with Germany. The German
Admiralty has substituted piracy for war on the sea; and now, powerless
to enforce its war right, it struggles to achieve the same results by
the devious process of an American embargo. To enforce their rights
of war nations sacrifice the lives of men; Germany to make good her
lost rights is willing to sacrifice a friendly State. In furtherance
of this, unconsciously I feel sure, Mr. Norman Angell has lent his
facile pen, and he threatens us with war with the United States unless
we forgo the benefits which the command of the sea has given us. If it
were possible to imagine President Wilson to acquiesce by so much as
the movement of his little finger, granting to Germany any fraction
of the indirect help she so urgently needs, then indeed clouds would
gather on the horizon--there is no half-way house between neutrality
and alliance with the enemy.[30] But we may rest assured there is no
such possibility. Before, therefore, Mr. Norman Angell further develops
his theory I would commend to his study those mighty disputations
concerning the ‘freedom of the sea’ which were held twenty years ago
between the United States and Great Britain, _quorum pars parvula
fui_. _We_ knew what we were quarrelling about. But Germany! She
tells the unlistening world that she is fighting for ‘the traditional
_mare liberum_’! What can this _parvenu_ of the high seas know of its
traditions? And for the delectation of pacifist ears this programme
has been arranged: ‘a free sea,’ which shall mean ‘the cessation of
the danger of war and the stopping of world-wars,’ and ‘the sending
of troops and war machines into the territory of others or into
neutralized ports’ is to be ‘declared a _casus belli_.’[31] From which
it appears that the proposed remedy will hardly cure the disease.
‘It is with no mere idle use of high-sounding phrase that Great Britain
once more appears to vindicate the freedom of the sea.’ Thus we spoke
in the argument in the Behring Sea Arbitration. And we may continue
so to speak with clearest conscience; for a careful scrutiny will
show that the principle of the Order in Council is new, if you will,
but in legitimate sequence from well-established doctrines, and has
sprung from them in an ordered and scientific development. Of the
American Protest which criticises it, speaking with all due respect
for the learned authors of it, it is, I venture to think, open on
its destructive side to this general remark: that it enunciates old
doctrines in their popular form without that full examination of the
underlying principles which the grave state of the world’s affairs
demands. On its constructive side, however, it is interesting and
worthy of careful study.
_General View of the Main Provision of the Order in Council_
Public-domain text, read in full here on John Shaqi.
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