It is an axiom of naval warfare that an assured command of the sea is at once the best defence for commerce afloat and an indispensable condition for any such attack on it as is likely to have any appreciable effect in subduing the enemy's will. War is an affair not of pin-pricks but of smashing blows. "The harassment and distress," says Admiral Mahan, "caused to a country by serious interference with its commerce will be conceded by all. It is doubtless a most important secondary operation of naval war, and is not likely to be abandoned until war itself shall cease; but regarded as a primary and fundamental measure sufficient in itself to crush an enemy, it is probably a delusion, and a most dangerous delusion, when presented in the fascinating garb of cheapness to the representatives of a people." Here again we may discern some of the larger implications of that potent and far-reaching agency of naval warfare, the command of the sea. If a belligerent not aiming at the command of the sea, and having no sufficient naval force wherewithal to secure it, thinks to crush his enemy by directing sporadic attacks on his commerce, he will, if history is any guide, soon find out his mistake. His naval forces available for this purpose, are, by the hypothesis, inferior to those of the enemy. It is certain that they will sooner or later be hunted down and destroyed. Moreover, the mercantile flag of the weaker belligerent will, as I have shown, disappear from the sea from the very outset of the conflict; and the maritime commerce of such a belligerent must be of very insignificant volume if the loss entailed by its suppression is not greater than that likely to be inflicted by such a belligerent on the enemy's commerce which crosses the seas under the ægis of a flag which commands them. Admiral Mahan has estimated that during the whole of the war of the French Revolution and Empire the direct loss to England "by the operation of hostile cruisers did not exceed 2½ per cent. of the commerce of the Empire; and that this loss was partially made good by the prize ships and merchandise taken by its own naval vessels and privateers." It should be noted, however, that the Royal Commission on Food Supply was of opinion that 4 per cent. would be a more accurate estimate. It is also well known that during the same period the maritime commerce of England was doubled in volume while that of France was annihilated. In point of fact the risks run in war by commerce afloat are measured very exactly by the degree in which the flag which covers it has secured the command of the sea—that is, be it always remembered, the control of the maritime communications affected. During the War of American Independence, when British supremacy at sea was seriously challenged and at times was in grave jeopardy—owing quite as much to faulty disposition as to inferiority of force—premiums of fifteen guineas per cent. were paid in 1782 on ships trading to the Far East; whereas from the spring of 1793 until the close of the struggle with Napoleon no premiums exceeding half that rate were paid. Yet to the very end of the war British merchant vessels were being seized even in the Channel almost every day. There is, however, good reason to think that many of these seizures were in reality collusive operations undertaken for the purpose of carrying on clandestinely the direct trade with the Continent which Napoleon sought in vain to suppress. The full history of the memorable conflict between the Berlin Decrees of Napoleon and the British Orders in Council, is still to be written. Some very illuminating side-lights are thrown on it by Mr David Hannay in a volume entitled The Sea-Trader, His Friends and Enemies.

It would seem to follow from these premisses—fortified as they are by other historical examples that might be cited—that of two belligerents in a naval war, that one which establishes and maintains an effective command of the sea will be absolute master of the maritime commerce of the other, while his own maritime commerce, though not entirely immune, will suffer no such decisive losses as will determine or even materially affect the course and issue of the war; and that he may indeed emerge from the war much stronger and more prosperous than he was at the beginning. Such is assuredly the teaching of history, and although vast changes have taken place alike in respect of the methods, opportunities, implements, and international conventions of naval war and in respect of the conditions, volume, and national importance of maritime commerce, yet I think it can be shown that the sum total of these changes has made on the whole rather for the advantage of the superior belligerent than otherwise. In the first place privateering—formerly a very effective weapon in the hands of the weaker belligerent—is now abolished. It is true that the Declaration of Paris, which recorded and ratified its abolition, has not been formally accepted by all the naval Powers of the world; but it is also true that since its promulgation no naval Power has sought to revive privateering. It is indeed held by some that the right claimed by certain maritime Powers to convert merchant ships of their own nationality into warships by arming and commissioning them on the high seas is, or may be, equivalent to the revival of privateering in its most dangerous and aggressive form. But those who argue thus appear to overlook the fact that this process of conversion on the high seas is by the Seventh Convention of the Second Hague Conference hedged round with a series of restrictions which differentiate the warship thus improvised very sharply from the privateer of the past. The following are the leading provisions of this Convention:—

1. A merchant ship converted into a warship cannot have the rights and duties appertaining to vessels having that status unless it is under the direct authority, immediate control, and responsibility of the Power the flag of which it flies.

2. Merchant ships converted into warships must bear the external marks which distinguish the warships of their nationality.

3. The commander must be in the service of the State and duly commissioned by the proper authorities. His name must figure on the list of the officers of the fighting fleet.

4. The crew must be subject to military discipline.

5. Every merchant ship converted into a warship is bound to observe in its operations the laws and customs of war.

6. A belligerent who converts a merchant ship into a warship must, as soon as possible, announce such conversion in the list of its warships.

This Convention has been accepted and ratified by all the great maritime Powers. It is true that it gives the converted merchant ship what may be called the dog's privilege of taking a first bite with impunity, but it makes it very difficult for any second bite to be taken. Such a vessel may as a merchant ship have obtained coal and other supplies in a neutral port before conversion, but she cannot after conversion return to the same or another neutral port and repeat the process; nor can she easily play the game which some have attributed to her of being a merchant ship one day, a warship the next, and a merchant ship again on the third. Further, as a weapon to be employed against England in particular, the method of conversion here prescribed would seem to be largely discounted by the fact that this country could, if it were so disposed, convert as many merchant ships into warships in this way as all the rest of the world put together.

It will be argued, perhaps, that a belligerent when hard pressed will not respect the provisions of a mere paper Convention, but will, if it suits him, treat them as non-existent. In that case it is not easy to see why he should ever have accepted and ratified them. The preamble of this very Convention recites that "whereas the contracting Powers have been unable to come to an agreement on the question whether the conversion of a merchant ship into a warship may take place upon the high seas, it is understood that the question of the place where such conversion is effected remains outside the scope of this agreement, and is in no way affected by the following rules." In other words some of the very Powers which have ratified the Convention as it stands categorically declined to add to it a provision forbidding altogether the conversion of a merchant ship into a warship on the high seas. If this does not mean that, while reserving their freedom of action in this respect, they are prepared to abide by the provisions of a Convention which they have not less categorically accepted and ratified we are driven to the absurd conclusion that all International Law is a nullity.