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
The ‘freedom of the sea’ is a cry for something as inarticulate as the
other things that the wild waves are saying. It means no more, no less,
than does the freedom of the King’s highway, which is subject to a
multitude of other rights often reducing it to nothing. The ingenuous
pacifist sees in it the fulfilment of the promise that wars shall
cease. Yet if that and all the other fanciful ideas which have gathered
round it--the ‘neutralization of the sea,’ for example--come to
prevail, wars will indeed cease, but in a way the pacifist least dreams
of. Hidden in that imagined ‘freedom,’ and the ‘rules’ which have
been suggested to ensure it, lies the power of the Strong to make one
final war upon the Weak on land, and the end of it the annihilation of
the Small Nations; for it means this, that when they are attacked they
must defend themselves without help in munitions of war from neutral
merchants across the sea.
The ‘freedom of the sea’ is not even complete in time of peace, for it
may not be set up by those who have violated the laws of the nations
which border its shores. But when war comes the ‘freedom of the sea’
must give way to the rights of war; and no one dare _now_ deny that to
declare war may be a sacred right, to decline the gage of battle an
infamy. The only freedom that remains, and even this is curtailed by
the right of search, is that of neutral merchants to carry on their
trade with one another unmolested, so long as it does not deliberately
enmesh itself in the lines and areas of battle. But it must never be
forgotten that the United States is not vindicating the simple right of
neutral nations to trade with one another untrammelled by belligerent
action. It maintains, and all the struggles of its advocacy are
devoted to establishing this proposition, that ‘innocent shipments may
be freely transported to and from the United States through neutral
countries to belligerent territory.’[5] Here, then, is the whole
matter ‘bounded in a nut-shell.’ It is admitted that a belligerent
may forcibly prevent _all_ goods going from a neutral directly to the
enemy: it is admitted that he may also prevent certain specified goods
(called ‘contraband of war’) going from a neutral indirectly (that
is, through another neutral country) to the enemy. The United States
protests that international law ends with these two propositions: that
there is no underlying principle linking the two admissions, making
them only two illustrations of a larger fact: that there is a chasm
between them that can never be bridged, even though not merely the
conditions of war, but also the constitution of armies have changed:
that international law must stand at the point it reached ten years
ago, and a belligerent stand passively by while neutral merchants
sustain the enemy with the things which give him life to continue the
fight.
Public-domain text, read in full here on John Shaqi.
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