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
Is this a scheme straight from the Councils of Utopia? I wonder!
Perhaps for the present it may be left with the judicial formula ‘I
should like to hear the point argued.’ But this is certain, that if
contracts with belligerents were made with the same business caution
as contracts in peace-time, all the clamour about the ‘rights of
neutral merchants’ would die down, for they would have none which need
protection, and Notes of friendly remonstrance and dexterously worded
Protests would be unnecessary. But we live in an age of great unreason;
and the law of contraband and all that part of the law of blockade
which affects neutral merchants have been the inevitable result. The
Declaration of Paris might have got rid of many difficulties with a
little more study of actual facts, but it has not; and so, in spite of
good intention, we must wrestle, and I propose now to wrestle, with the
problems it has left unsolved.
_The Effect of the Order in Council_
The essential condition of blockade, as hitherto understood, is
that the blockading squadron must be in the immediate offing of the
blockaded port. We have placed our cruiser cordon at a considerable
distance from the German coast. And here, to the general, is the
stumbling-block in our way; to the American, is the sign of our
backsliding. Yet, curiously enough, _if we had declared a blockade_,
any question which might have arisen as to its validity owing to the
position of the cordon is set at rest by the Protest itself.
The rules of international law can only preserve their vitality if they
keep pace with the progress of science; if they do not, they must pass
into the limbo of forgotten things. Hence the necessity for a clear
discernment between essential principle and unessential detail. In
the first article I pointed out that this discernment was singularly
lacking in the early protests of the United States Government. The
details of our doings on the high seas were criticised as not being in
conformity with action which tradition justified; our all-sufficient
answer was that they were justified by the principles on which the
traditional action was based. Now although, as I think, in this last
Protest the American Government has judged what we have done by the
narrow formulas of a bygone age, when it comes to treat of ‘blockade’
it frankly abandons them; it literally leaps forward, and brushing them
aside shows us that we might have taken other measures of belligerent
discipline which would have reacted far more seriously against the
neutral merchant than those embodied in the Order. The American
Government believes--it is, when untroubled by the complainings of its
merchants, far too profound a student not to believe--that the law of
blockade greatly needs rewriting. Rules which were adapted to Nelson’s
frigates can have little or no application to the battle-cruisers of
to-day. But they were the outcome of a principle, and that principle
remains.
Public-domain text, read in full here on John Shaqi.
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