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
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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
Thus, and no more, the Protest. The United States is not a signatory
to the Declaration, and its final clause provides that it ‘is not and
shall not be binding, except between those Powers who have acceded, or
shall accede to it.’ But let us put this technical objection on one
side and, admitting the rule to be a generally accepted principle, see
what it has to do with the question in dispute.
The merchant promotes his trade with foreign parts by many ways, but
he never loses sight of one essential: payment for his goods. It is
true that credit is the life of commerce; but during war conditions
are changed, and while it may be that some still adhere to peace-time
customs, the ‘rumble of the distant drum’ induces others, probably
the more numerous, certainly the wiser, to ‘take the cash and let the
credit go.’ On the other hand, the purchaser’s object is to get the
goods, more especially if he is a belligerent and the goods munitions
of war: and one very sure way of obtaining possession of the document
of title to them is by paying cash or by giving some substitute which
the vendor accepts as its equivalent. Thus cash enables the wishes of
both parties to be satisfied; and the law facilitates the acquisition
of property after a sale by means of the contract for delivery of
goods ‘f.o.b.,’ free on board, under which the property passes to
the purchaser from the moment the goods are on board ship. Now it is
obvious that if the neutral merchant is wise in his generation he will,
having in view the risks ahead of him, secure payment for his goods
and get rid of them ‘f.o.b.’ Then all those troublesome questions
of seizure by belligerent cruisers and condemnation by Prize Courts
concern _him_ no longer. The goods become enemy cargoes consigned to
one of the belligerents, the vendor has got his money, and they may go
to the bottom of the deep blue sea, or into the factories of the other
belligerent, for all he cares.
Public-domain text, read in full here on John Shaqi.
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