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
If the course pursued by the present enemies of Great Britain should
prove to be in fact tainted by illegality and disregard of the
principles of war sanctioned by enlightened nations, it cannot be
supposed, and the Government does not for a moment suppose, that His
Majesty’s Government would wish the same taint to attach to their own
actions, or would cite such illegal acts as in any sense or degree a
justification for similar practices on their part in so far as they
affect neutral rights.
A comparison of the measures taken by the Order in Council with
those ordered by the German Admiralty can hardly have been seriously
intended; yet to many this sentence seemed to be straining diplomatic
proprieties to their utmost limit. But any irritation it may have
caused has been blotted out by the stern words of disapproval used by
the President in his recent Notes to Germany.
But the reference to retaliation cannot, as it seems to me, be
legitimately construed into an admission of the illegality of the
measures decreed by the Order in Council. The utmost that can be
said of it is that it admits they are exceptional. The Order of
1807 declared that ‘no vessel shall be permitted to trade from one
port to another, both French,’ and it was enforced by seizure and
confiscation of neutral vessels which disregarded it. That and the
other Orders which countered Napoleon’s paper blockade of the English
coasts have been severely criticised; but it is impossible to apply
the same criticism to an Order which omits the confiscation, and on
the contrary, expressly provides for the return of both ship and cargo
to the neutral merchant. That the measures are exceptional may be
freely admitted, and to that extent they may be called reprisals; but
exceptional measures, even of reprisal, are not necessarily illegal
measures.
_The American Caveat_
Public-domain text, read in full here on John Shaqi.
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