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
[18] Cited, _Letters of Historicus_, p. 129:--‘It is a general
understanding, grounded on true principles, that the Powers at war may
seize and confiscate all contraband goods, without any complaint on the
part of the neutral merchant, and without any imputation of a breach
of neutrality in the neutral Sovereign himself. It was contended on
the part of the French nation, in 1796, that neutral Governments were
bound to restrain their subjects from selling or exporting articles
contraband of war to the belligerent Powers. But it was successfully
shown, on the part of the United States, that neutrals may lawfully
sell, at home, to a belligerent purchaser, or carry themselves to
the belligerent Powers, contraband articles, subject to the right of
seizure _in transitu_. This right has since been explicitly declared
by the judicial authorities of this country. The right of the neutral
to transport, and of the hostile Power to seize, are conflicting
rights, and neither party can charge the other with a criminal act.’
(_Commentaries_, vol. i., p. 142.)
[19] Cited, _Letters of Historicus_, p. 177.
[20] See p. 17.
[21] Article 4 of the Declaration of London, which stated accurately
the established doctrine.
[22] From the Convention of 1901 between England and Russia, cited
_Letters of Historicus_, p. 92.
[23] From a speech of Lord Grenville, cited _Letters of Historicus_, p.
108.
[24] On p. 2.
[25] _Letters of Historicus_, pp. 165, 168.
[26] _Letters of Historicus_, p. 132:--The following paragraph follows
the quotation cited in the text:--
‘The true doctrine is enforced with singular clearness
and force by President Pierce, in his Message of December,
1854:--
“The laws of the United States do not forbid their
citizens to sell to either of the belligerent Powers articles
contraband of war, or to take munitions of war or soldiers on
board their private ships for transportation; and although in
so doing the individual citizen exposes his property to some
of the hazards of war, his acts do not involve any breach
of national neutrality, nor of themselves implicate the
Government. Thus, during the progress of the present war in
Europe, our citizens have, without national responsibility,
therefore, sold gunpowder and arms to all buyers, regardless
of the destination of those articles. Our merchantmen have
been, and still continue to be, largely employed by Great
Britain and France in transporting troops, provisions,
and munitions of war, to the principal seat of military
operations, and in bringing home the sick and wounded
soldiers; but such use of our mercantile marine is not
interdicted, either by international or by our municipal law,
and, therefore, does not compromise our neutral relations
with Russia.”’
[27] See p. 13.
[28] The financial stability of the smaller States holds a very
prominent position in the argument of _The Great Illusion_.
Public-domain text, read in full here on John Shaqi.
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