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
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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
‘“Commerce in all kinds of merchandise, commodities, and
articles of manufacture, being allowed in time of peace to
the subjects of a nation, so far as the laws of the State, or
particular treaties with other Powers create no exception,
they ought to be permitted to do the same thing during the
continuance of war, since neither of the belligerent parties
has a right to impose any new obligations on the neutral,
which did not exist in time of peace. * * * *
‘“In the public treaties down to the present time, do we
in fact see any prohibition than that of transportation of
contraband goods to an enemy? No nation, not even the most
powerful, or those who could, with impunity, exercise the
right of the strongest, have ventured, in their declarations
of war, dictated by the most violent animosity, to prohibit
neutrals from the impartial sale of any goods in their own
territory. They have confined themselves to the threat of
confiscating contraband articles which should be found
clearly destined to the enemy.”’
[16] I have not attempted to discuss the questions raised by the
Order in Council of October 29, 1914, which put in force, during the
hostilities, the Declaration of London, subject to exceptions and
modifications.
[17] Cited, _Letters of Historicus_, pp. 133, 170:--‘Mr. Huskisson, in
the debate on the Terceira affair in 1830, cites the opinion of Mr.
Canning to the following effect (_Hansard_, vol. xxiv., N.S., p. 209):--
‘“Arms may leave this country as a matter of merchandise,
and however strong the general inconvenience, the law cannot
interfere to stop them. It is only when the elements of
armaments are combined that they come within the provision
of the law, and if that combination does not take place
till they have left this country, we have no right to
interfere with them.” These are the words of Mr. Canning,
who extended the doctrine to steam-vessels and yachts that
might afterwards be converted into vessels of war, and they
appeared quite consistent with the law of nations. At the
very moment he was speaking, arms and clothing were about to
be sent out of this country to belligerents. Were they to
be stopped, or were they to be followed and brought back?
He believed the answer would be, No; and if it were Yes,
of what use, he would ask, would be our skill in building
ships, manufacturing arms, and preparing instruments of war,
if equally to sell them to all belligerents were a breach of
neutrality?’
The speech is cited at greater length on p. 170.
Public-domain text, read in full here on John Shaqi.
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