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
[29] That his enemies were at least ‘gentlemen’: an opinion expressed
in consequence of the courteous treatment he received at Kirkwall on
his journey home under safe-conduct.
[30] The real issue _must_ be understood, or we shall find ourselves
in a blind alley. The case _must_ be put as strongly as I have put
it. The Washington correspondent of _The Times_, writing on July 19,
full of anxious solicitude at the gravity of the situation, assuming
us to misunderstand it, said: ‘It is all very well to trust to the
President’s sense of fairness to prevent the closing of American
sources of supply of munitions of war. We can surely do so with perfect
safety.’ In the prevalence of this view of the case lies the gravest
danger. Once admit that ‘fairness’ has in any shape or form anything
to do with the matter, we open the flood-gates of Teuton eloquence,
and, to use the conventional expression, the President must be a
strong man to resist it. The question must be looked at from a higher
standpoint; and it cannot be put more strongly or tersely than it was
by Mr. Bryan in his letter to Mr. Stone in January: ‘It is the business
of belligerent operations on the high seas, not the duty of a neutral,
to prevent contraband from reaching the enemy.... If Germany and
Austria-Hungary cannot import contraband from this country it is not
because of that fact the duty of the United States to close its markets
to the Allies.’
[31] _The Times_ correspondent from New York, on January 11, thus
recorded an extract from Herr Dernburg’s speech at a Republican club in
America.
An enlightening and interesting commentary on the
sincerity of the German diatribes against the United States
for ‘helping Germany’s enemies’ is furnished by the fact
that, during the rebellion in China in 1913, the rebels in
the Southern Provinces obtained large supplies of arms from
German firms in Shanghai. The German Government took no
steps to prevent its subjects ‘helping the enemies’ of the
Republic; on the contrary, it joined, so it was reported,
in protesting against the Chinese Government exercising in
self-defence its undoubted right of search and seizure of
cargoes of arms which it knew were being smuggled into the
Settlement in order to be handed over to the agents of the
rebel leaders. Circumstances alter cases.
[32] The paragraph of the Protest which is here criticised is set out
at length on p. 81.
[33] See p. 14.
[34] In order not to confuse the argument, I refer here specifically
only to the case of a neutral vendor and an enemy purchaser. Where the
purchaser is also a neutral trader the legal position does not alter
until the facts make the case one of ‘continuous voyage.’
[35] See p. 37.
[36] See the quotation from the Protest, set out on p. 89.
Public-domain text, read in full here on John Shaqi.
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