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
This, then, is the clear issue raised by the Order in Council for the
judgment of any tribunal, national or international, to which it may
hereafter be submitted, and of the world to which it is now submitted.
And the position is, in my humble judgment, and in spite of the critics
on our own side, unassailable. Nations, no more than individuals, are
not to be bound by mere phraseology, especially in such a subject as
this, without knowing what the terms used mean. ‘Blockade’ is a mere
term, explaining what belligerent nations do, but not why they do it
nor why neutral nations silently acquiesce.[51] It tells nothing of the
right to do it. On the contrary it seems, for a hundred years, to have
successfully blinded men by its technical conditions to the fact that
the so-called right to declare a blockade is no more than a declaration
of an intention by a belligerent to stop _all_ supplies from going
to the enemy, and stopping them. Is it not abundantly clear that
that intention cannot be nullified by the cleverness of the neutral
merchant in ‘darkening and disguising’ the fact that they are going to
the enemy? That, then, we have declared by the Order in Council to be
our intention, and we have acted on it. It may be that, in regard to
cotton, we have exercised it imperfectly; some neutral merchants may
have successfully evaded the vigilance of our ships. Human agencies are
never quite perfect; of all, even though they be official, Rostand’s
philosophy is, alas! too true:
Sache donc cette triste et rassurante chose,
Que nul, Coq du matin ou Rossignol du soir,
N’a tout-à-fait le chant qu’il rêverait d’avoir.
But because the ingenuity of the neutral merchant and his confederates
has, as it is said, so far greatly baffled the vigilance of the
mightiest fleet that ever stood guard upon the sea, the critics of the
Government protest that we should fall back on the lesser remedy of
declaring cotton contraband, and revoke, abandon, or ignore the more
strenuous remedy provided by the Order in Council. It is difficult to
appreciate the position these critics take up; it can only be explained
by a lack of understanding of the real meaning of the Order. This
these articles have endeavoured to do.
Public-domain text, read in full here on John Shaqi.
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