Neutral state

“ However, all States which do not expressly declare the contrary by word or action, are supposed to be neutral, and the rights and duties arising from neutrality come into and remain in existence through the mere fact that a State takes up and preserves an attitude of impartiality and is not drawn into the war by the belligerents themselves. ”

“ Side by side with the idea of arbitration, another pacific idea, [Pg 40] already powerful, is pressing forward, and growing into an International Law, namely, the Law of Neutrality.
He is neutral, who neither takes part for, nor against, in a dispute. Neutrality is the impartial position which is not associated with either party. The State is called neutral which neither takes part in a war itself, nor in time of war sides with any of the warring parties. ”

“ Though a solemn declaration, or previous notice to the enemy, be now laid aside, it is essential that some formal public act, proceeding directly from the competent source, should announce to the people at home their new relations and duties growing out of a state of war, and which should equally apprize neutral nations of the fact, to enable them to conform their conduct to the rights belonging to the new state of things. ”

“ The relations of a group of men to the outside world ought, whenever possible, to be controlled by a neutral authority. It is here that the state is necessary for adjusting the relations between different trades. ”

“ According to these a belligerent takes to itself a commerce with its own enemy which it denies to a neutral on the ground of its aiding that enemy in the war; but reason revolts at such inconsistency, and the neutral having equal right with the belligerent to decide the question, the interests of our constituents and the duty of maintaining the authority of reason, the only umpire between just nations, impose on us the obligation of providing an effectual and determined opposition to a doctrine so injurious to the rights of peaceable nations. ”

“ We have seen in previous pages that the consensus of opinion among international law authorities of modern times is that a neutral should in no case whatever allow the use of its territory for the purposes of a belligerent expedition against a State with which it is upon friendly terms. ”

“ Absolute Duties of Neutrals.—The very sense of neutrality obviously implies abstention from direct corporate assistance. The duty of neutral states to enforce respect for their territory has become a very serious one. ”

“ The rights of neutrality will only be respected, when they are defended by an adequate power. A nation, despicable by its weakness, forfeits even the privilege of being neutral. ”

“ The duty of holding a neutral conduct may be inferred, without anything more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity toward other nations. ”

“ Our neutral policy, therefore, not only justifies, but requires, our anxious attention to the political events which take place in the world, a skilful perception of their relation to our own concerns, and an early anticipation of their consequences, and firm and timely assertion of what we hold to be our own rights and our own interests. Our neutrality is not a predetermined abstinence, either from remonstrances, or from force. Our neutral policy is a policy that protects neutrality, that defends neutrality, that takes up arms, if need be, for neutrality. ”

“ Either all intercourse must cease between neutrals and belligerents, or all be permitted. Can the world hesitate to say which shall be the rule? Shall two nations turning tigers, break up in one instant the peaceable relations of the whole world? Reason and nature clearly pronounce that the neutral is to go on in the enjoyment of all its rights, that its commerce remains free, not subject to the jurisdiction of another, nor consequently its vessels to search, or to enquiries whether their contents are the property of an enemy, or are of those which have been called contraband of war. ”

“ Call you that Neutrality which thus conceals beneath its appropriate vestment the giant limbs of War, and converts the charter-party of the compting-house into a commission of marque and reprisals; which makes of neutral trade a laboratory of belligerent annoyance; which ... warms a torpid serpent into life, and places it beneath the footsteps of a friend with a more appalling lustre on its crest and added venom in its sting. ”

“ For we have there established that the duty of a neutral government to preserve its subjects from interference with belligerent rights is in proportion to the magnitude of the evils that will be suffered by the nation against whom, and at whose cost, the infraction of neutrality is provoked. ”

“ But I would much rather see this Republic maintain the attitude of an independent and powerful neutral than depend upon any alliance for the safety of its possessions, however magnificent these may appear. ”

“ In all disputes between conflicting governments it is our interest not less than our duty to remain strictly neutral, while our geographical position, the genius of our institutions and our people, the advancing spirit of civilization, and, above all, the dictates of religion direct us to the cultivation of peaceful and friendly relations with all other powers. ”

“ I venture, therefore, my fellow countrymen, to speak a solemn word of warning to you against that deepest, most subtle, most essential breach of neutrality which may spring out of partisanship, out of passionately taking sides.
The United States must be neutral in fact as well as in name during these days that are to try men’s souls. We must be impartial in thought as well as in action, must put a curb upon our sentiments as well as upon every transaction that might be construed as a preference of one party to the struggle before another. ”

“ Whenever the two maxims have been connected in a treaty, it has been where one of the maxims was important to one of the parties as a neutral nation, and the other to the other party as a belligerent nation. ”

“ Only small countries, as Switzerland and Belgium, can exist upon the basis of neutrality.
Great powers may remain neutral in a particular case, but they cannot take neutrality for a constant principle, and they chiefly cannot remain neutral in respect to principles. ”

“ You may, on every occasion, give assurances which cannot go beyond the real desires of this country, to preserve a fair neutrality in the present war, on condition that the rights of neutral nations are respected in us, as they have been settled in modern times, either by the express declarations of the powers of Europe, or their adoption of them on particular occasions. ”

“ I conceive that the wish both of Government and people would certainly at first be to remain neutral, and reap all the advantages to their commerce which could not fail to result from that situation, and their interest in remaining at peace with us is so apparent and so immense, that it could not fail to tell for some time. ”

“ It has been affirmed, that this measure, and the sentiments expressed by the Executive relative to its objects, are an acknowledged departure from the neutral policy of the United States. Sir, I deny that there is an acknowledged departure, or any departure at all, from the neutral policy of the country. What do we mean by our neutral policy? Not, I suppose, a blind and stupid indifference to whatever is passing around us; not a total disregard to approaching events, or approaching evils, till they meet us full in the face. ”

“ The nations of the earth prostrated at the foot of power, the ocean submitted to the despotism of a single nation, the laws of nature and the usages which have hitherto regulated the intercourse of nations and interposed some restraint between power and right, now totally disregarded. Such is the state of things when the United States are left single-handed to maintain the rights of neutrals, and the principles of public right against a warring world. ”

“ If our intellectuals were going to lead the administration, they might conceivably have tried to find some way of securing peace by making neutrality effective. They might have turned their intellectual energy not to the problem of jockeying the nation into war, but to the problem of using our vast neutral power to attain democratic ends for the rest of the world and ourselves without the use of the malevolent technique of war. ”

“ In the absence of suggestion of anything but perfect good faith, in the face of much demonstrated care of the interests of its citizens, the abandonment by a neutral Government of the dispassionate attitude which neutrality requires not merely heartens the enemy but must result in rendering him material assistance. ”

“ And shall a neutral nation, a nation which has in that character prospered and flourished more than any people on the face of the globe, sacrifice those rights and those advantages, and resort to war against one of those belligerents—and for what? ”

“ Or, to vary the phrase, "a neutral Power is bound to acquiesce in losses inflicted by a belligerent upon such of its subjects as are engaged in adding to the military resources of the enemy of that belligerent." ”

“ Neutrality.—We call neutrality the situation of States which, in a case of war, side with neither the one nor the other of the belligerents, but remain at peace with the two parties. They are, therefore, obliged to practice toward them the laws of natural right impartially: if, for example, they render to one a service of humanity, they must not refuse the same service to the other. ”

“ But this great strife cannot have arisen amongst an educated and intelligent people without some great and overruling cause. Let us for a moment examine that cause, and let us ask ourselves whether it is possible at such a time to stand neutral in regard to the contending parties, and to refuse our sympathy to one or the other of them. I find men sometimes who profess a strict neutrality; they wish neither the one thing nor the other. ”

“ At this period of imperfect policy, accidental circumstances alone could determine distant states to afford one another a mutual support. The differences of government, of laws, of language, of manners, and of character, which hitherto had kept whole nations and countries as it were insulated, and raised a lasting barrier between them, rendered one state insensible to the distresses of another, save where national jealousy could indulge a malicious joy at the reverses of a rival. ”

“ We have no disposition and we disclaim all right to meddle in disputes, whether internal or foreign, that may molest other countries, regarding them in their actual state as social communities, and preserving a strict neutrality in all their controversies. ”

“ And now mark the monstrous doctrine advanced in this report by the majority of the committee, that a neutral Government may not only permit its subjects to trade in material of war with the belligerent party, which is not denied, but that a neutral Government may, without compromising its neutrality, open its own arsenals and furnish a belligerent party directly with arms and ordnance from its own stores. ”

“ But while neutrality has reference to a state of war between belligerent powers, the principle of non-interference, on the contrary, lays down the sovereign right of nations to arrange their own domestic concerns. ”

“ The Meaning of Neutrality
At the outbreak of war the nations are divided into two classes: those that are fighting and those that are not. To give them their scientific names, they are belligerents and neutrals. With the laws of war I do not concern myself, but only with those principles by which neutrals are supposed to govern themselves in order to avoid being swept into the vortex. ”

“ Another direction in which there is urgent need of the substitution of law and order for anarchy is international relations. At present, each sovereign state has complete individual freedom, subject only to the sanction of war. ”

“ We have seen the last of neutrality in such circumstances. We are at the beginning of an age in which it will be insisted that the same standards of conduct and of responsibility for wrong done shall be observed among nations and their governments that are observed among the individual citizens of civilized states. ”

“ Whether a country is or is not neutral is a matter which, on war breaking out, has to be determined by the application of certain well-known principles of International Law, and does not depend upon the mere declaration of the ruler, unless followed by a strict observance of neutrality. ”

“ When there is a society there must needs be a compulsory power to order and regulate the movements of its members; without this power thus applied the community of interests and all reciprocal compacts can have no stability; and we are thrust back on a state of contradictions, uncertainties, insecurity, unlaw, and war. ”

“ If we remain one people, under an efficient government, the period is not far off when we may defy material injury from external annoyance; when we may take such an attitude as will cause the neutrality we may at anytime resolve upon to be scrupulously respected; when belligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation when we may choose peace or war, as our interest, guided by justice, shall counsel. ”