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 mere statement of the dispute shows that the calm of a High
Tribunal of Arbitration is the only atmosphere conducive to its just
discussion.
That right of war upon the sea, as well as that pure right of neutral
traders upon the sea, the Mistress of the Seas must steadfastly
maintain, for she holds them in trust for the nations and may not
barter them away. Above all, she must know her own mind as to what
that right is. She has spoken with full knowledge, and, as I believe,
rightly. It would be a grievous blow to her prestige if she were now
to abandon the position she has taken up. I cannot imagine such an
abandonment to be even dreamed of.[6]
* * * * *
The scheme of these articles is as follows. In the first, published
before the American Protest of the 30th of March was received, I have
dealt with the principal points in the early American Notes to Great
Britain and Germany, and have traced a process of evolution to which
all the principles of contraband and blockade, as we used to know them,
do in fact conform. In the second, after combating Mr. Norman Angell’s
project for the neutralization of the sea, I have shown how this
process of evolution warrants, by a legitimate process of development,
the practice laid down by the Order in Council. In the third, I have
applied these principles to the discussion to which the Government
yielded when it put cotton on the list of contraband.
Two questions lie altogether outside the scope of the articles. First,
the policy which, prior to the issue of the Order, refrained from
making cotton contraband. Secondly, the policy which guides executive
action in carrying out the Order. They deal simply with the Order as
it stands, not with the method of its enforcement.
* * * * *
I have, for the greater stability of my edifice, used the reinforced
concrete of the logic and arguments which Sir William Harcourt
created in the famous, but almost forgotten, ‘Letters of Historicus,’
incorporating in the footnotes more extended quotations from those
Letters. In a few instances I have added a paragraph to the articles as
they originally appeared, for the sake of greater clearness.
I trust that the manner in which I have set forth what I conceive to
be the true law of the dispute will give no offence to my friends in
the United States. I am sure it will not, for some who took part in
the Behring Sea Arbitration are still among the Minority, and they
will remember that those discussions did not want for strenuousness
with Phelps of counsel for the United States, and Charles Russell for
England.
_F. T. P._
_November, 1915._
CONTENTS PAGE
INTRODUCTION v
I. THE NEUTRAL MERCHANT: THREE AMERICAN NOTES
AND THE ANSWERS 1
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