The government class book / Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.

by Andrew W. Young

Chapter LXVII.

Rights and Duties of Neutral Nations; Contraband Goods; Blockade; Right of Search; Safe Conducts and Passports; Truces; Treaties of Peace.

§1. A neutral nation is bound to observe a strict impartiality toward the parties at war. If she should aid one party to the injury of the other, she would be liable to be herself treated as an enemy. A loan of money to one of the belligerents, or supplying him with other means of carrying on a war, if done with the view of aiding him in the war, would be a violation of neutrality. But an engagement made in time of peace to furnish a nation a certain number of ships, or troops, or other articles of war, may afterward, in time of war, be fulfilled.

§2. A nation is not bound, however, on the occurrence of a war, to change its customary trade, and to cease supplying a belligerent with articles of trade which such belligerent was wont to receive from her, although the goods may afford him the means of carrying on the war. So if a nation has been accustomed to lend money to another for interest, and the latter should become engaged in war with a third power, the neutral would not break her neutrality if she should continue to lend her money. The wrong in any case lies in the intention to aid one to the detriment of the other.

§3. This rule, it is believed, is universally admitted in cases of belligerents going themselves to a neutral country to make their purchases. But whether a neutral nation is at full liberty to carry the goods in the cases mentioned, is not so certain. A nation in a just war has a right to deprive her enemy of the means of resisting or injuring her, and therefore may lawfully intercept every thing of a warlike nature which a neutral is carrying to such enemy.

§4. Articles which a neutral nation is not allowed to carry to an enemy, are called contraband goods. What these are, it is impossible to say with precision, as some articles may in certain cases be lawfully carried, which would be justly prohibited under other circumstances. Among the articles usually contraband, are arms, ammunition, materials for ship-building, naval stores, horses, and sometimes even provisions.

§5. Contraband goods, when ascertained to be such, are confiscated to the captors as lawful prize. Formerly the vessel also was liable to be condemned and confiscated; but the modern practice, it is said, exempts the ship, unless it belongs to the owner of the contraband articles, or the carrying of them is connected with aggravating circumstances.

§6. One of the rights of a belligerent nation which a neutral is bound to regard, is the right of blockade. Blockade is a blocking up. A war blockade is the stationing of ships of war at the entrance of an enemy's ports, to prevent all vessels from coming out or going in. The object of a blockade is to hinder supplies of arms, ammunition, and provisions from entering, with a view to compel a surrender by hunger and want, without an attack. A neutral vessel attempting to enter or depart, becomes liable to be seized and condemned. Towns and fortresses also may be shut up by posting troops at the avenues.

§7. A simple decree or order declaring a certain coast or country in a state of blockade, does not constitute a blockade. A force must be stationed there, competent to maintain the blockade, and to make it dangerous to enter. And it is necessary that the neutral should have due notice of the blockade, in order to subject his property to condemnation and forfeiture. According to modern usage, if a place is blockaded by sea only, trade with it by a neutral nation may be carried on by inland communication. And a neutral vessel, loaded before the blockade was established, has a right to leave the port with her cargo.

§8. To prevent the conveyance of contraband goods, the law of nations gives a belligerent nation the right of search; that is, the right, in time of war, to search neutral vessels, to ascertain their character, and what articles are on board. A neutral vessel refusing to be searched by a lawful cruiser, would thereby render herself liable to condemnation as a prize. Private merchant vessels only are subject to search; the right does not extend to public ships of war.