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
Here then is the puzzle. Seeing that the law makes such ample
provision for his protection, allows him to trade in such fashion that
he can with safety and profit get rid of his troublesome property in
cargoes when he has shipped them, even in cargoes of contraband of
war, what is the meaning of all this talk about the violation of the
rights of the neutral merchant upon the high seas? They have vanished;
and even the ingenuous protests against the too strenuous application
of the doctrine of ‘continuous voyages’ lose much of their pathos when
we realise that the cargoes (of, say, cotton, copper, rubber, or even
foodstuffs) seized on their way to neutral ports may not be, need not
be if he has exercised reasonable care, the neutral vendor’s property
at all. They ought to be enemy property, or at best the property of
purchasers in ‘countries which, though neutral, are contiguous to the
nations at war’; and then the plaint should come from this side of the
Atlantic. The whole question has now taken a different aspect, and the
presumption, based on overwhelming statistics, that _these_ neutral
purchasers are acting as agents for the enemy, or are anticipating
enormous profits from sales to the enemy, is wholly justified and most
pertinent to the issue. Looking therefore at the case in the rough,
the neutral American vendor, if he has acted with common prudence,
is out of Court as a complainant. And, further, his position is
vastly different from an ethical standpoint if he has chosen to give
credit to the enemy, or to a purchaser who is probably the enemy’s
agent; still more different, almost dwindles to vanishing-point, if
he has sent the goods on the chance of ‘payment if safe delivery.’
From a purely commercial point of view, therefore, if seizures of
such cargoes are to be made the basis of complaint by the Government
as the legitimate mouthpiece of United States traders in the bulk,
the only possible ground on which it could be presented is that they
may affect trade generally; the complaint would be of ‘the injury to
American commerce as a whole,’ as it was, in fact, put in the Note of
the 28th of December.[33] But then the damage is too remote from the
alleged wrongful injury to sustain a plea. Interference with trade is
the inevitable consequence of war; the more strenuously sea-power is
exercised the greater the interference, and the command of the sea
inevitably makes the interference one-sided.
Public-domain text, read in full here on John Shaqi.
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