I now come to the Note to Germany of the 12th of February, delivered in consequence of the notification of her under-sea policy, and for which ‘Warning’ is the only appropriate term. The statement of the principles set at defiance is introduced by the satirical formula ‘It is unnecessary to remind,’ the whole object of the Note being to remind the German Government that the interference with the freedom of the sea is limited to search and blockade, and that in the absence of effective blockade the belligerent nationality or contraband character of the cargo must be determined before a vessel may be destroyed.
To this Note came the German reply which set forth England’s iniquities and violations of international law, which were in startling contrast to the scrupulous observance of ‘valid international rules regarding naval warfare’ by Germany. There is a complacent reference to the American Note to Great Britain of the 28th of December, which sets out the details of our iniquities ‘sufficiently, though not exhaustively’; but the main interest of the document is its method of dealing with the duties of neutral States towards Germany.
Neutrals have been unable to prevent the interruption of their commerce with Germany, which is contrary to international laws.
Germany is as good as cut off from her overseas supply by the silent or protesting toleration of neutrals not only in regard to such goods as are absolute contraband, but also in regard to such as, according to the acknowledged law before the war, are only conditional contraband or not contraband at all. Great Britain, on the other hand, is, with the toleration of neutral Governments, not only supplied with such goods as are not contraband or only conditional contraband, but with goods which are regarded by Great Britain, if sent to Germany, as absolute contraband—namely, provisions, industrial raw material, etc.—and even with goods which have always indubitably been regarded as absolute contraband.
There follows a reference ‘with greatest emphasis’ to the enormous traffic in arms which is being ‘carried on between American firms and Germany’s enemies’; after which come two sentences most typical of German occultness:
Germany fully comprehends that the practice of right and toleration of wrong on the part of neutrals are matters absolutely at the discretion of neutrals and involve no formal violation of neutrality.... If it is the formal right of neutrals to take no steps to protect their legitimate trade with Germany, and even to allow themselves to be influenced in the direction of conscious wilful restriction of their trade, on the other hand, they have a perfect right, which they unfortunately do not exercise, to cease contraband trade, especially in arms, with Germany’s enemies.
The involutions of these astonishing sentences are worthy of the White Queen at her best, and it is quite a difficult exercise to arrive at their meaning. So far as I have been able to get at it, it is something like this:—Trade is free; you neutral merchants have a right to trade with Germany as with Great Britain; why don’t you? That would be the ‘practice of right.’ Germany has as much right to have you trade with her as Great Britain has; why do you deny her that right? You allow yourselves rather ‘to be influenced in the direction of conscious wilful restriction’ (in other words, you submit to having your cargoes seized by Great Britain). Of course you have the right to take no steps to protect your legitimate trade with Germany, and you take none (in other words, you refuse to resist the seizures of your cargoes by force); that is ‘the toleration of wrong.’ And so you cease to trade with Germany. But you have also a perfect right to cease trading in contraband (especially in arms) with Great Britain. Why don’t you? In her case you do not allow yourselves ‘to be influenced in the direction of conscious wilful restriction.’ To all of which the neutral merchants reply: When you begin to make an appreciable attack upon our trade with Great Britain and seize our cargoes, then you may be sure that we shall be influenced ‘in the direction of conscious wilful restriction’ of that trade also. But until that time arrives, we regret that we cannot take the risk of having to run the gauntlet of the British Fleet. In all seriousness these mysterious sentences mean no more than that Germany has lost such influence upon the sea as she ever had, and the neutral merchant has made a note of it and governs himself accordingly. Therefore the traffic in arms, in spite of her pathetic protests, must go on.
THE EVOLUTION OF THE DOCTRINES OF CONTRABAND OF WAR AND BLOCKADE
So much for the Notes and the Answers, and I pass to the realm of international law.[12] In a recent debate in Parliament a noble Lord suggested that, in view of German disregard of it, we need not be ‘too fastidious’ in our application of its principles.[13] Even at the best of times, before war shook things to their foundations, the layman was disposed to look on it as a thing of shreds and patches. I am sure he would be surprised to hear that the principles are coherent, and that there is a thread of simple common-sense running through all the various doctrines. The fate of the Empire depends on the action which the Government takes on these important questions, its honour on this action being strictly in accordance with the law which the nations have agreed to. I make no apology, therefore, for treading once more the well-beaten track, for I take it that it is the business of the good citizen to know what he is talking about, and in order to help him I shall begin at the very beginning. And the beginning is War.