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
Germans are so strenuously contending, is wholly imaginary.
Fifty years ago another continent was riven with war, and there was
much talk of what a neutral might do, and might not do; and there
appeared in _The Times_ a series of letters signed ‘Historicus,’ in
which, among other things, the elementary principles of neutrality were
very strenuously and very lucidly set forth. Very strenuously, for
there was a certain M. Hautefeuille who had filled the world--like the
Dernburgs of to-day--with much unsound doctrine. Now unsound doctrine
was a thing which stirred Mr. Vernon Harcourt to the depths of his
soul, and those only who have heard him know what waves of wrath surged
up in his brain. He had the art of transferring to paper the billowy
language he was wont to use; and as you read you hear the rotund
sentences rolling onwards to swamp the frail bark of his adversary.
But he had another art: of clear thinking and lucid exposition. In the
series of Whewell Lectures which I attended at Cambridge in the year of
grace ----, of which I still preserve my notes, he seemed to make plain
the whole mystery of Public International Law. New times have produced
new teachers of the old heresies; and it is good to turn once more to
the pages of the ‘Letters of Historicus,’ for again the neutral nations
are invited to ‘upset the whole fabric of international law which the
reason of jurists has designed and the usage of nations has built up.’
To adapt his references[9] to Burke and Canning to himself, ‘I would
that we had yet amongst us his multitudinous eloquence and his poignant
wit to do justice upon this presumptuous sciolism’ of the German
Foreign Office. The world, indeed, seems still to need his teaching.
From what one hears in the market-place I gather that there is a vague
feeling in the air that our case is not _quite_ so good as we should
like it to be; that there is a mysterious crevice in our armour-joints
through which, if not the German, at least Uncle Sam has pricked us.
There is a nebulous ‘something’ about neutrality, especially about
‘neutral duties,’ which seems to preclude accurate thinking; and even
the ‘Legal Correspondent’ does not always pierce the haze. So the
student, in memory of an hour spent after lecture in his master’s rooms
in Neville’s Court, when kindly patient, and so lucidly, he expounded
to him the meaning of a difficult decision, will endeavour to weave
into a continuous whole the threads of the doctrine which he taught. It
is not that people do not know; only that they forget.
* * * * *
Public-domain text, read in full here on John Shaqi.
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