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 leaders in the fight, the distinguished chemists, are so eminent
that I refrain from applying to them the term ‘agitators’; they are so
eminent that I am sure they will bear with me patiently while I explain
why, even though they appear to have accomplished it, they were trying
to shut a door that was already closed, for ‘sweet reasonableness’
is an attribute of all eminence. It is not necessary now to inquire
what were the reasons which induced the Government to refrain from
putting cotton on the list of absolute contraband during the first six
months of the War; it was a policy deliberately adopted by responsible
Ministers; whether it was the right or the wrong policy is not the
question which the leaders of the movement have put in issue. The
errors of the past were at length to be retrieved.
By the Order in Council of the 11th of March, a new policy was adopted
which, in the opinion of the present Government, should have been
effective to achieve what all desire--the prevention, by all possible
legitimate means of warfare, of cotton, as well as everything else,
from reaching Germany. This was intimated in Lord Moulton’s answer
of the 19th March to the distinguished chemists who had moved in the
matter;[50] and it was more fully explained by Lord Robert Cecil in
the House of Commons in August. It is that policy which has been so
vehemently attacked as insufficient, as part of our ‘sorry record
in the cotton question.’ It was contended that in spite of the
far-reaching effect of the Order in Council it was necessary further
to reinforce the powers taken under it by putting cotton on the list
of contraband of war; and the Government have now done what they were
asked to do.
The criticism of the Government took two forms, one of which was
serious. The other may be dealt with summarily. It was to the effect
that the Order in Council ought to be revoked because, so it was said,
many lawyers considered it to be contrary to international law, and
that it should be replaced by some provision dealing specially with
cotton. I have endeavoured in the preceding articles to show that this
opinion of my learned brothers, if indeed they hold it, is erroneous.
But, putting this on one side, I believe the sound and only rule of
speech and of the pen for Englishmen while the War lasts to be _omnia
præsumuntur rite esse acta_. Criticism, based on learning or otherwise,
of action taken by the Government against the enemy is out of place
in time of war. The fact that such action affects neutral merchants
injuriously does not justify criticism, for whatever weight it may
have, by so much it adds to the difficulties, already immense, of
temperate discussion with neutral Governments; by so much it heartens
the enemy who seeks _per nefas_ to render the discussion intemperate.
For the present, therefore, at least a judicious silence is the better
and the wiser part.
Public-domain text, read in full here on John Shaqi.
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