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
But, curiously enough, there is just one point where the combined
operation of the laws of contraband and of blockade _may_ increase
our power of seizing cotton. It follows from what I have said in the
second article with reference to the importance of reducing both laws
to a common denomination of language,[52] that the reinforcement of
even our ‘long-distance blockade’ by the addition of cotton to the
list of absolute contraband will enable us to seize cargoes of cotton
by isolated cruisers before the neutral ships which carry them reach
the area in which the cordon of cruisers is operating. If this is a
valuable power, as to which I am sceptical, it is right that it should
be claimed and exercised; and it is one of the powers which result from
the new Proclamation. I feel sure that the critics of the Government
had not this addition to our powers solely in their minds; they
certainly did not so formulate their criticism.
But the action which the critics wanted the Government to take has
been taken; and I think the reason may not be far to seek. The
American merchant, like his Government, believes that there is much
virtue in technical terms. He says ‘put cotton on the list of absolute
contraband; I know what that means; then I shall know where I am.’ I
pointed out in the first article that the problem of the neutral trader
is a very complex one, ‘for each belligerent as a buyer must strive
to keep him in a good humour, but as a fighter must do all he can to
thwart him.’[53] The cotton-grower of the Southern States prefers to be
thwarted in this manner, and the British Government has humoured him.
He prefers the risk of confiscation to the possibility of having his
cargo returned to him if he is ‘the lawful owner thereof.’ So all is
well.
The comments which have appeared since the Proclamation was issued
have laid much stress on the deterrent effect it is bound to have on
the cotton shippers, because the Order in Council does not provide for
confiscation of cargoes of non-contraband, whereas now that cotton is
contraband it must be confiscated. Also the complaint has been revived
that the Order in Council was loosely enforced, and it is imagined
that the declaration of contraband will of itself ensure a stricter
supervision of cargoes of cotton at sea. It is difficult to follow
either arguments, even on the supposition that this latter criticism
is justified. For the machine by which both the Order in Council and
the contraband Proclamation must be carried out is the same--the
Fleet. The effectiveness of this machine, the efficiency of the Fleet,
is obviously the dominating factor of the situation, whether it be
governed by the Order or by the Proclamation. The deterrent nature of
the fact that confiscation is now inevitable may possibly reduce the
number of cargoes of cotton with which the Fleet may have to deal, but
the other fact remains, that the Fleet will deal with them whatever
may be their number.
Public-domain text, read in full here on John Shaqi.
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