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
Now there is one fact which I should have thought would at once have
disposed of the whole contention of the critics--the Protest of the
United States Government. That Protest declares that in the Order in
Council we have gone to lengths in interfering with American trade
(which includes trade in cotton) hitherto unknown to international
law, more especially in stopping that trade, asserted to be ‘innocent’
but manifestly the opposite, on its way to neutral countries. In all
friendliness that Government exhorts us, among other things, to revert
to the time-honoured practice of relying on declarations of contraband.
It appears, therefore, that the United States Government charges us
with doing precisely what our own critics condemn Ministers for not
doing, except by ‘a half-hearted expedient’--stopping ‘innocent’
cargoes of cotton. That Government insists that the correct way of
preventing cotton reaching the enemy is to shut ourselves up in those
old watertight compartments of international law labelled ‘contraband’
and ‘blockade.’ They want to entangle us in that incomprehensible
ravel of illogic into which those doctrines of international law have
got themselves. Paraphrased, what the American Government says is
this--declare a blockade, even though it be a ‘long-distance blockade,’
which they are willing to concede to be our right, and then we may stop
all cotton going direct to German ports, though not, as the text-books
point out, cotton going indirectly to Germany through neutral ports;
or, declare cotton to be contraband, and then we may stop it even
though it passes through neutral ports. But as we had done neither of
these things _in express terms_, Germany must be allowed to get her
‘innocent’ shipments of cotton by way of neutral and contiguous ports.
Verily, the American fowler spreads the net in the sight of the British
bird.
Here is the substance of the whole discussion. The Judges of the United
States, with clear-cut thought, declared, half a century ago, that
the doctrine of ‘continuous voyages’ was the inevitable complement
to the belligerent right of stopping munitions of war and their
component substances on the high seas on the way to the enemy. In
other words, that the doctrine completed the law of contraband of war.
The British Government, has, by the Order in Council, declared that
doctrine equally to be the inevitable complement to the more extended
belligerent right of stopping _all_ supplies from reaching the enemy.
In other words, that the doctrine completes the law of what we have
called the ‘new blockade.’
Public-domain text, read in full here on John Shaqi.
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