Part 6

In the period between 1780 and 1856 the subject gained an entrance by degrees among all maritime nations except England, who, independent of it, and always relying on her own strength, continuously sought to maintain unlimited domination at sea.

In 1854-56 begins, so far as neutrality is concerned, a new era of international law.

From this time the opposition which England raised to the practical application of neutrality in naval war may be regarded as having broken down. On the 30th of March, 1854, the French Minister of Foreign Affairs, Drouyn de Lhuys, published a communication, including, amongst other things, that the neutral flag during the then begun (Crimean) war, should be regarded as a protection for all neutral and hostile private property, except contraband of war. The same day the English Government gave forth in the London Gazette a similar declaration, and on April 19th of the same year the Russian Government notified in the Official Gazette of St. Petersburg that Russia would, during that war, act upon the same rules as the Allied powers.

The provisions, which thus the Western powers on one side, and Russia on the other, believed themselves bound to observe towards neutral states, were at the Peace of Paris, 1856, solemnly ratified as International Law in force for all time. The principles which the plenipotentiary signatories of the Peace Treaty of Paris agreed upon in a proclamation of April 16th, 1856, are as follows:--

1. Privateering is and shall be abolished. 2. The neutral flag shall protect property belonging to the enemy, with the exception of contraband of war. 3. Neutral goods, except contraband of war, may not be seized under the enemy's flag. 4. Blockades in order to be obligatory must be fully effectual; that is, shall be maintained with a strength really sufficient to prevent approach to the enemy's coast.

The Governments which signed the treaty bound themselves also, in this proclamation, to communicate the resolutions to the States which were not called to take part in the Paris Conference, and to invite them to agree in these decisions. All the European States except Spain, and a number of powers outside Europe, declared themselves ready to carry out in practice the entire resolutions of the proclamation.

Many wars since then have shaken Europe; but under all these misfortunes the warring States have not only conscientiously observed the principles laid down in 1856, but they have gone further, in certain points, in applying them, than they by it were bound to do. Thus the Austrian Government issued an order, during the war with France and Sardinia, with respect to maritime national law, in many points far beyond what hostile or neutral powers had any ground for requesting. The Imperial decree not only charged its military and civil officers to follow strictly the injunctions of the proclamation, but Sardinian and French vessels, which lay moored in Austrian waters, were also to be permitted to load freight and proceed to foreign seas, on condition that they took on board no contraband of war or prohibited goods of any description. Immediately on the outbreak of war, the same principles were adopted by France and Sardinia. These States, however, went a step further than Austria, inasmuch as they unreservedly declared that they would not regard coal as a contraband of war.

During the Dano-German War, in 1864, and the war between Austria and Prussia and Italy, in 1866, the international principles of maritime law received a similarly wide interpretation.

During the North American Civil War important questions came up, which more or less affected the principle of neutrality. The question, which became one of the greatest importance, arose in respect of the injury which the commerce and navigation of the Union suffered during the war from various privateers which were built in England on the Southerners' account.

The ALABAMA QUESTION took its name from the privateer which went out from Liverpool and occasioned the greatest devastation while the war lasted. Although the executive of the Union at Washington duly directed the attention of the English Government to the fact that allowing the pirate to leave the English port would be equivalent to a breach of the peace, yet the Government took no measures to prevent the vessel leaving. The American Government, who with reason regarded this omission as a violation of the laws of neutrality, claimed from England full compensation for the property which had been destroyed in the course of the civil war by the Southern privateer which came from an English port. I have previously given more particularly the constitution and functions of the Court of Arbitration appointed to settle the threatening dispute which arose on this occasion. The arbitration award had to be adjudicated in accordance with the three following fundamental principles of international law:--

A neutral Government is bound:--

1. To guard assiduously against any vessel being armed or equipped in its ports, which there is reason to believe would be employed for warlike purposes against a peaceful power, and with equal assiduity to prevent any vessel designed for privateering, or other hostility, from leaving the domain of the neutral State:

2. Not to allow any belligerent power to make use of its ports or harbours as the basis of its operations, or for strengthening or repairing its military strength, or for enlisting:

3. To use every care within its ports and harbours and over all persons within its domain, to prevent any violation of the obligations named.

The contracting parties to this treaty agreed to hold themselves responsible for the future, and to bring them before the notice of other Maritime powers, with the recommendation that they also should enter into them.

The historical facts here produced show that the mutual interest nations have in the inviolability of the seas has effectually contributed to the development of an accepted international law.

When the necessity of making the principles of neutrality binding at sea was once understood, it was not long before the value of adopting them on land became apparent.

In the documents, for instance, by which Belgium, Switzerland and Luxemburg are neutralized, it is distinctly stated that the permanent neutrality of these States is in full accord with the true interests of European policy.

According to the actual modern law of nations, there is a permanent neutrality guaranteed by international deeds of law and treaties, and one occasionally resting upon free decisions.

As instances of permanent and guaranteed neutrality, we have: The NEUTRALIZATION OF SWITZERLAND. Ever since the unhappy Italian war in the beginning of the sixteenth century, the Swiss Confederation has endeavoured to assure to the country the security which neutrality gives.

This neutrality was recognised and guaranteed by the great European powers at the Congress of Vienna in 1815 (art. 84 and 92), and later was further solemnly confirmed by a special act of the powers at Paris, Nov. 20th of the same year, in which it was stated:

"The powers declare ... by a permanent act that the permanent neutrality and inviolability of Switzerland, as well as its independence of foreign influence, accords with the true interests of European policy."

THE NEUTRALIZATION OF BELGIUM. In virtue of the Treaty of London, Nov. 15th, 1831 (art. vii.), further confirmed by the powers April 19th, 1839, a permanent neutrality was awarded to Belgium.

This country, which for centuries had served as a battle-ground for foreign powers, especially for France and Germany, was hereby secured against such dangers, and at the same time the field for European warfare was materially narrowed.

Article vii. of the London protocol runs thus: "Belgium shall, within the boundaries established in art. i. and iv., form an independent State. The kingdom is bound to observe the same neutrality towards all States."

During the Franco-German war 1870-1, the neutralization of Belgium was threatened with violation by France, and further guarantees were given in new protocols arranged by England.

THE NEUTRALIZATION OF THE ARCHDUCHY OF LUXEMBURG resulted from the London protocol of May 11th, 1867.

As an evidence of the power and importance in our day of entering into agreements of neutrality, the following may be adduced:--