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
P.S.--I take this opportunity of referring to the American reply to
the Austrian Note which complained that the sale of munitions of war
by United States merchants to the Allies was a breach of neutrality
on the part of the United States Government. The Note was in the
forcible-feeble style. It gave me the impression of having been written
to order of the German Government by men who had not much belief in
the soundness of their argument. It very clearly showed that necessity
‘knows no law,’ for erroneous doctrine was assuredly never so weakly
stated. But it gave President Wilson an occasion of finally disposing
of the false, and of asserting the true, principles of neutrality.
It disposes also of the notion prevalent in some quarters, to which
I referred in the second article, that the President’s ‘sense of
fairness’[54] had something to do with our continuing to receive
munitions of war from the United States. The reply has not been much
noticed, but it deserves transcription as a most masterly statement of
law and policy: ‘The principles of international law, the practice of
nations, the national safety of the United States and other nations
without great military and naval establishments, the prevention of
increased armies and navies, the adoption of peaceful methods for the
adjustment of international differences, and, finally, neutrality
itself, are opposed to the prohibition by a neutral nation of the
exportation of arms and ammunition or other munitions of war to
belligerent Powers during the progress of the War.’
I draw special attention to the sentence ‘the national safety of the
United States and other nations without great military and naval
establishments’; these are the nations, small in their powers of
defence, who, as I have pointed out, must go to the wall if the wild
dream of neutralizing the sea should ever be allowed to materialise.[55]
FOOTNOTES:
[1] The _caveat_ of the United States Government, published in _The
Times_, 24th July, 1915. This action is considered in the second
article, at p. 90.
[2] The book recently published by the French Foreign Office setting
forth the crimes of the German Government is, with great and customary
accuracy, entitled ‘Les violations des Lois de la Guerre par
l’Allemagne.’
[3] As by the sinking of a merchantman on which its citizens are
travelling, without warning and without affording them proper means of
escape, or by the dropping of bombs on an unfortified town in which its
citizens are residing. If such neutral citizens are injured, elementary
legal principles deprive the belligerent, become barbarian, of the plea
that he did not know of their existence.
[4] See the footnote on p. 95.
[5] See p. 85.
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