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
Let us get at once a clear view of the position. England by this Order
has aimed a very vigorous blow at the heart of her enemy, but the
Government of the United States has warned her that she may not do it,
not from any humanitarian considerations, but because it would react
to the detriment of neutral merchants. It points out that there are
some principles of international law, some documents or declarations,
which stand in our way. If this be really so, then international law
sets the profit of the merchant above the life of nations. The theory
of the United States appears to be that the conduct of war is to be
governed by the interests of commerce, even if they touch those of
the belligerents. The truer theory is, I believe, that commerce, in
so far as it touches the interests of the belligerents, is entirely
subordinated to the exigencies of war. If the view of the United States
is right, then the documents and the declarations have been heedlessly
signed and made, and the power of England upon the seas has been
recklessly frittered away.
I have endeavoured in the first article to get into sharper relief than
popular notions give to it the position in which the neutral merchant
stands to a belligerent and to his own Government, and also to recall
the real meaning of neutrality. The Order in Council had at that
time been issued, but the American Protest had not been delivered. I
intimated, however, that it seemed probable that a close examination
of fundamental principles would show that the Order was abundantly
justified by them. The publication of the Protest confirms me in that
view.
Public-domain text, read in full here on John Shaqi.
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