Neutral port

“ A neutral must prevent a belligerent man-of-war, whose crew is reduced from any cause whatever, from enrolling sailors in his neutral ports, with the exception of such few hands as are necessary for the purpose of safely navigating the vessel to the nearest port of her home State. ”

“ A neutral vessel bound to an enemy port is liable to detention, because the presumption is that she has cargo for the enemy, and that her cargo is probably contraband; the presumption also is that cargoes on board a vessel bound for a neutral port are not destined for the enemy, even though they may be contraband; nothing easier than to bring them across the sea in a neutral vessel with a neutral destination ”

“ In passing, we may observe that these port duties imposed on neutral vessels show with particular clearness the measurelessly arbitrary methods of dealing with foreign trade, adopted by Great Britain. She even went farther still: the same ships, on returning to their home across the seas, were obliged to call at an English port and to submit 96to being searched. As a matter of fact, the poor neutral countries have not been treated any better during the present war. But this is by the way. The main consideration for England was, not to impede neutral shipping, but to destroy it. ”

“ The subject has been fully discussed by the Institute of International Law, by whom the following rule has been adopted: “Destination to the enemy is presumed where the shipment is to one of the enemy’s ports, or to a neutral port, if it is unquestionably proved by the facts that the neutral port was only a stage (étape) towards the enemy as the final destination of a single commercial operation.” [5]
The question of the legality of the doctrine was raised by Chancellor von Bülow during the South African War in connexion with the stopping of German ships bound for Delagoa Bay, a neutral port. ”

“ It ought to be a free port open to the vessels of all nations trading to any part of the East Indias. It ought also to be a neutral port at all times, under the guarantee of all nations; the expense of keeping the port in constant repair to be defrayed by a tonnage tax to be paid by every vessel, whether of commerce or of war, and in proportion to the time of their stay.—Nothing then remains but with respect to the nation who shall be the port-master ”

“ In regard to the doctrine of continuous voyages as applied to persons, Professor Westlake says, in speaking of the Gaelic, "When a person whose character would stamp him as contraband, or an analogue of contraband, is a passenger on board a ship bound for a neutral port, and having no ulterior destination, but intends on arriving there to proceed to a belligerent port, there is no closer connection between the two parts of his journey than that he should hold a through ticket to the belligerent port." ”

“ Trade between neutrals has a prima facie right to go on, in spite of war, without molestation. But if the ultimate destination of goods, though shipped first to a neutral port, Continuous voyages. is enemy’s territory, then, according to the doctrine of “continuous voyages,” the goods may be treated as if they had been shipped to the enemy’s territory direct. ”

“ If the necessities of the case should seem to render it imperative that the cordon of blockading vessels be extended across the approaches to any neighboring neutral port or country, it would seem clear that it would still be easily practicable to comply with the well-recognized and reasonable prohibition of international law against the blockading of neutral ports, by according free admission and exit to all lawful traffic with neutral ports through the blockading cordon. ”

“ Art. 18. Such vessel or vessels must conform to the regulations prescribed by the authorities of the neutral port with respect to the place of anchorage, the limitation of the stay of the vessel in port, and the time to elapse before sailing in pursuit or after the departure of a vessel of the enemy. ”

“ Frankness and truth are especially required of the officers of captured vessels when examined in preparation for the first hearing in prize. And the clearest good faith may very reasonably be required of those engaged in alleged neutral commerce with a port constantly and notoriously used as a port of call and transshipment by persons engaged in systematic violation of blockade and in the conveyance of contraband of war. ”

“ The character of the goods apparently excluded the idea of contraband of war, and the ships themselves, since they were bound from neutral ports to a neutral port, appeared to be acting in good faith.
THE SEIZURES. MARIA, MASHONA, BEATRICE, AND SABINE. THE MARIA.—As early as September 6, 1899, the Maria, a Dutch ship, had touched at Cape Town on her way to Delagoa Bay with a cargo consisting largely of flour, canned meats and oats shipped from New York [7] . ”

“ Now it is this day ordered, by and with the advice of her Privy Council, that all vessels under a neutral or friendly flag, being neutral or friendly property, shall be permitted to import into any port or place in Her Majesty's dominions all goods and merchandize whatsoever, to whomsoever the same may belong, [217] and to export from any port or place in her Majesty's dominions to any port not blockaded, any cargo or goods, not being contraband of war, or not requiring a special permission, to whomsoever the same may belong. ”

“ The United States, however, have called for the recognition of no such rule. They appear to have contented themselves with urging in substance that ports not actually blockaded by a present, adequate, stationary force employed by the Power which attacks them shall not be considered as shut to neutral trade in articles not contraband of war; ... that a vessel cleared or bound to a blockaded port shall not be considered as violating in any manner the blockade unless on her approach to such port she shall have been previously warned not to enter it ”

“ Relying on the faithful performance of these voluntary assurances by his Majesty's Government, the United States takes it for granted that the approach of American merchantmen to neutral ports situated upon the long line of coast affected by the Order in Council will not be interfered with when it is known that they do not carry goods which are contraband of war or goods destined to or proceeding from ports within the belligerent territory affected. ”

“ Then followed the order, which prohibited all neutral trade with the whole European sea-coast from Copenhagen to Trieste, leaving only the Baltic open. No American vessel should be allowed to enter any port in Europe from which British vessels were excluded, unless the American should clear from some British port under regulations to be prescribed at a future time. ”

“ For this purpose Admiralty Courts were established at our seaports, together with higher Courts of Appeal, for the decision of all cases in which neutral property was involved, and so delicate were we in dealing with neutral rights that the captain of the neutral vessel was entitled to the full amount of the freight which he would have earned by carrying the enemy's cargo to its port of destination had not the cargo been seized, and to demurrage too for illegal or unnecessary detention, amounting sometimes to the full amount of his freight. ”

“ That effects belonging to the subjects of the said warring powers shall be free in all neutral vessels, not carrying goods contraband of war.
3. That all such merchandise be included as is mentioned in the 10th and 11th articles of her treaty of commerce with Great Britain, and similar obligations extended to all the powers at war.
4. That a blockaded port means one so well watched by the ships of the attacking power, that it is dangerous either to enter or leave it. ”

“ It is enough to say that neutrals who place their vessels under belligerent control, and engage them in belligerent trade, or permit them to be sent with contraband cargoes under cover of false destination to neutral ports, while the real destination is to belligerent ports, impress upon them the character of the belligerent in whose service they are employed, and cannot complain if they are seized and condemned as enemy property. ”

“ It also happens in war that neutral vessels carry to neutral ports such articles as are contraband if bound for a hostile destination, the vessel being cognisant or not of the fact that arrangements have been made for the articles to be afterwards brought by land or sea into the hands of the enemy. ”

“ The Government of that nation has issued an order interdicting all trade by neutrals between ports not in amity with them; and being now at war with nearly every nation on the Atlantic and Mediterranean seas, our vessels are required to sacrifice their cargoes at the first port they touch or to return home without the benefit of going to any other market. ”

“ If the ocean paths used by our merchant ships—the trade routes or sea communications of the United Kingdom with friendly or neutral markets and areas of production—could be kept open by our navy, that is, made so secure that our trade could traverse them with so little risk of molestation that it could continue to be carried on, it resulted as a matter of course that no sustained attack could be made on our outlying territory. ”

“ It is true that commerce in neutral ships can then enter other ports of the United States than those named; but what a dislocation of the carrying traffic of the country, what failure of supplies at times, what inadequate means of transport by rail or water, of dockage, of lighterage, of warehousing, will be involved in such an enforced change of the ports of entry! ”

“ The seaports of the Allied and Associated Powers are entitled to all favours and to all reduced tariffs granted on German railways or navigable waterways for the benefit of German ports or of any port of another Power. ”

“ If, on the contrary, there be but one Government pervading all the States, there will be, as to the principal part of our commerce, but one side to guard—the Atlantic coast. Vessels arriving directly from foreign countries, laden with valuable cargoes, would rarely choose to hazard themselves to the complicated and critical perils which would attend attempts to unlade prior to their coming into port. ”

“ The French ships of war and privateers may stop and bring into the ports of the republic, such neutral vessels as are loaded, in whole or in part either with provisions belonging to neutrals and destined for enemy ports, or with merchandise belonging to enemies. ”

“ That all the ports of the world being thus permitted to the commerce of the United States, no subject would remain on which the 3d section would operate; and, consequently, there could be no necessity for giving a bond not to go to an interdicted port. ”

“ By the coasting trade is not meant the mere putting in of a vessel at a port of the United States after leaving another port for bunkers or supplies (which is not forbidden) but trading between such ports, e.g., the carriage of cargo and passengers from one such port and their discharge at another. ”

“ No foreign-built vessel can, under penalty of confiscation, enter our ports and then sail to another domestic port with any new cargo, or with any part of an original cargo, which has once been unladen previously, without touching at some port of some foreign country. {3723} This law is construed to include all direct traffic between the Atlantic and Pacific ports of the United States via Cape Horn, the Cape of Good Hope, or the Isthmus of Panama; and being a coasting trade, foreigners cannot compete. ”

“ The great and almost impregnable barriers on the north are pierced by mountain-passes which have been throughout used as the pathways of commerce and communication with the external world. Towards the south the ocean from its very nature proved a far more effective and fatal barrier to the cultivation of foreign relations, till the rapid development of national shipping triumphed over that obstacle and converted the ocean itself into a great highway of international intercourse and commerce. ”

“ National vessels shall be liable to the same penalties on coming from a foreign port, and entering any of those not open to foreign commerce, if found shipping any effects whatever for a foreign country, and when they are found loading or unloading any kind of goods whatever at ports or places not open to foreign commerce or to the coasting trade. ”

“ So accustomed are we in these days to peace and plenty that we have need to remind ourselves constantly that there were no trade routes kept open, no policing of the seas, no international treaties nor diplomatic relations to prevent a peaceful merchant ship from disappearing altogether on the high seas, or staggering into port with the loss of her cargo and most of her crew. ”

“ A movement set on foot at the instance of Edward Atkinson, the well-known Boston economist, and warmly supported by the Massachusetts State Board of Trade, seeks to establish by treaty neutral zones from the ports of North America to the ports of Great Britain and Ireland and the continent of Europe, within which zones steamship and sailing vessels in the conduct of lawful commerce should be free to pass without seizure or interruption in time of war. ”

“ Meanwhile, the ensign of the United States no longer contributes in any marked degree to the gayety of foreign seaports; whereas, Great Britain, with inferior coal and iron ore, compelled to import the food and clothing material for her shipwrights from distant lands, and with certainly no keener intelligence nor greater energy among her ship-owners and builders, but guided by the enlightened policy of Free Trade, sends her endless procession of merchant ships, both sail and steam, to every seaport upon the globe. ”