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
The strangest part of the correspondence remains to be noted. The
United States Government, in July, lodged a _caveat_, intimating that
it ‘will not recognise the validity of Prize Court proceedings taken
under restraints imposed by British municipal law in derogation of the
rights of American citizens under international law.’ The Government
has thus indicated the retaliatory measures it proposes to take
against Great Britain; yet it has failed to see that the veiled irony
of the paragraph just quoted from the Protest applies in its entirety
to this reprisal. In so far as it relates to executive action, it
proposes to accomplish the impossible. Prize Court judgments are _in
rem_; they pass property, and if possession has followed not even the
United States Government can undo it, for there would not be even
a tenth point on which it could seize; and if possession has not
followed, Government action would be brought up short by the law.
Further, in so far as it relates to judicial action, the intention
appears to be to give an instruction to the American Courts how in the
circumstances they are to deal with the decisions of the English Prize
Courts. Thus the constitutional principle of the independence of the
Judiciary from the Executive is put in jeopardy, and the Government
would again be brought up short by the law. And in so far as it
relates to the law itself, the proposed action professes to decide
favourably to the present contention of the United States a difficult
and complicated question of law--whether judgments based on a municipal
law which, it is alleged, is a violation of international law are not
entitled to recognition by foreign Courts, more especially if they are
judgments _in rem_. Such a decision does not fall within the province
of the Executive, but only of the Courts. So, as it was said aforetime
in the British argument in the Behring Sea Arbitration, to all and
every part of the different protests which have been made against
our action by the United States Government, there is, with profound
respect, ‘but one answer--the Law.’
In an Editorial Note in the May number of the _North American Review_,
dealing with the relations between Great Britain and the United States
after the detention of the _Wilhelmina_, this sentence occurs:
If we should once admit the right of the Allies to forbid our sending
foodstuffs to Germany, how could we deny the justice of Germany’s
insistence that we should apply the same principle to England? And
what would happen to the English people then? Surely, too, our
British friends must realise that only the strictest adherence to
international law makes it possible for us to furnish to the Allies
the vast quantities of war munitions without which they could not hope
to win.
Public-domain text, read in full here on John Shaqi.
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