[Letters To """"The Times"""" Upon War And Neutrality (1881-1920) by Thomas Erskine Holland]@TWC D-Link bookLetters To """"The Times"""" Upon War And Neutrality (1881-1920) CHAPTER VI 37/89
She is further liable to be visited and searched on suspicion of being engaged in the carriage of contraband, or of enemy military persons, or of despatches, or in running a blockade.
Should the commander of the visiting cruiser "have probable cause" for suspecting any of these things, though the vessel is in fact innocent of them, he is justified in putting a prize crew on board and sending her into port, with a view to the institution of proceedings against her in a prize Court.
A non-signatory of the Declaration of Paris may investigate and penalise, in addition to the above-mentioned list of offences, the carriage of enemy goods.
This is, no doubt, by far the most important branch of the trade which is carried on for belligerents by neutrals, but it must not be forgotten that even were this branch of trade universally indulged, in accordance with the Declaration of Paris neutral commerce would still remain liable to infinite annoyance from visit and search, with its possible sequel in a prize Court. The question of the balance between benefit to be gained and odium to be incurred by insisting upon freedom to carry the goods of belligerents I leave to the politicians. I am, Sir, your obedient servant, T.E.HOLLAND. The Athenaeum, April 16 (1898). OUR MERCANTILE MARINE IN WAR TIME Sir,--To-day's debate should throw some light upon the views of the Government, both as to existing rules of international law and as to the policy demanded by the interests of British trade.
It is, however, possible that the Government may decline to anticipate the terms of the Declaration of Neutrality which they may too probably find themselves obliged to issue in the course of the next few days, and it is not unlikely that the law officers may decline to advise shipowners upon questions to which authoritative replies can be given only with reference to concrete cases by a prize Court. You may perhaps, therefore, allow me in the meantime to supplement my former letter by a few remarks, partly suggested by what has since been written upon the subject. It is really too clear for argument that privateers are not, and cannot be treated as, pirates. Sir George Baden-Powell still fails to see that the Declaration of Paris was not a piece of legislation, but a contract, producing no effect upon the rights and duties of nations which were not parties to it.
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