From Isolation to Leadership, Revised / A Review of American Foreign Policy

by John Holladay Latané

Our policy of isolation corresponded with the situation as it existed a hundred years ago, but not with the situation as it exists to-day and as it has existed for some years past. We no longer occupy a "detached and distant situation." Steam and electricity, the cable and wireless telegraphy have overcome the intervening space and made us the close neighbors of Europe. The whole world has been drawn together in a way that our forefathers never dreamed of, and our commercial, financial, and social relations with the rest of the world are intimate. Under such circumstances political isolation is an impossibility. It has for years been nothing more than a tradition, but a tradition which has tied the hands of American diplomats and caused the American public to ignore what was actually going on in the world. The Spanish War and the acquisition of the Philippines brought us into the full current of world politics, and yet we refused to recognize the changes that inevitably followed.

The emergence of Japan as a first-class power, conscious of achievement and eager to enter on a great career, introduced a new and disturbing element into world politics. Our diplomacy, which had hitherto been comparatively simple, now became exceedingly complex. Formerly the United States was the only great power outside the European balance. The existence of a second detached power greatly complicated the international situation and presented opportunities for new combinations. We have already seen how Germany undertook to use the opportunity presented by Russia's war with Japan to humiliate France and that the United States took a prominent part in the Algeciras Conference for the purpose of preventing the threatened overthrow of the European balance of power. Thus, even before the World War began, it had become evident to close observers of international affairs that the European balance would soon be superseded by a world balance in which the United States would be forced to take its place.

It took a world war, however, to dispel the popular illusion of isolation and to arouse us to a temporary sense of our international responsibilities. When the war began the President, following the traditions of a hundred years, issued, as a matter of course, a proclamation of neutrality, and he thought that the more scrupulously it was observed the greater would be the opportunity for the United States to act as impartial mediator in the final adjustment of peace terms. As the fierceness of the conflict grew it became evident that the role of neutral would not be an easy one to play and that the vital interests of the United States would be involved to a far greater extent than anyone had foreseen.

Neutrality in the modern sense is essentially an American doctrine and the result of our policy of isolation. If we were to keep out of European conflicts, it was necessary for us to pursue a course of rigid impartiality in wars between European powers. In the Napoleonic wars we insisted that neutrals had certain rights which belligerents were bound to respect and we fought the War of 1812 with England in order to establish that principle. Half a century later, in the American Civil War, we insisted that neutrals had certain duties which every belligerent had a right to expect them to perform, and we forced Great Britain in the settlement of the Alabama Claims to pay us damages to the extent of $15,500,000 for having failed to perform her neutral obligations. We have thus been the leading champion of the rights and duties of neutrals, and the principles for which we have contended have been written into the modern law of nations. When two or three nations are engaged in war and the rest of the world is neutral, there is usually very little difficulty in enforcing neutral rights, but when a majority of the great powers are at war, it is impossible for the remaining great powers, much less for the smaller neutrals, to maintain their rights. This was true in the Napoleonic wars, but at that time the law of neutrality was in its infancy and had never been fully recognized by the powers at war. The failure of neutrality in the Great War was far more serious, for the rights of neutrals had been clearly defined and universally recognized.

Notwithstanding the large German population in this country and the propaganda which we now know that the German Government had systematically carried on for years in our very midst, the invasion of Belgium and the atrocities committed by the Germans soon arrayed opinion on the side of the Allies. This was not a departure from neutrality, for it should be remembered that neutrality is not an attitude of mind, but a legal status. As long as our Government fulfilled its obligations as defined by the law of nations, no charge of a violation of neutrality could be justly made. To deny to the citizens of a neutral country the right to express their moral judgments would be to deny that the world can ever be governed by public opinion. The effort of the German propagandists to draw a distinction between so-called ethical and legal neutrality was plausible, but without real force. While neutrality is based on the general principle of impartiality, this principle has been embodied in a fairly well-defined set of rules which may, and frequently do, in any given war, work to the advantage of one belligerent and to the disadvantage of the other. In the Great War this result was brought about by the naval superiority of Great Britain. So far as our legal obligations to Germany were concerned she had no cause for complaint. If, on the other hand, our conduct had been determined solely by ethical considerations, we would have joined the Allies long before we did.

The naval superiority of Great Britain made it comparatively easy for her to stop all direct trade with the enemy in articles contraband of war, but this was of little avail so long as Germany could import these articles through the neutral ports of Italy, Holland, and the Scandinavian countries. Under these circumstances an ordinary blockade of the German coast would have had little effect. Therefore, no such blockade was proclaimed by Great Britain. She adopted other methods of cutting off overseas supplies from Germany. She enlarged the lists of both absolute and conditional contraband and under the doctrine of continuous voyage seized articles on both lists bound for Germany through neutral countries.

As to the right of a belligerent to enlarge the contraband lists there can be no doubt. Even the Declaration of London, which undertook for the first time to establish an international classification of contraband, provided in Article 23 that "articles and materials which are exclusively used for war may be added to the list of absolute contraband by means of a notified declaration," and Article 25 provided that the list of conditional contraband might be enlarged in the same manner. Under modern conditions of warfare it would seem impossible to determine in advance what articles are to be treated as contraband. During the Great War many articles regarded in previous wars as innocent became indispensable to the carrying on of the war.

Great Britain's application of the doctrine of continuous voyage was more open to dispute. She assumed that contraband articles shipped to neutral countries adjacent to Germany and Austria were intended for them unless proof to the contrary was forthcoming, and she failed to draw any distinction between absolute and conditional contraband. The United States protested vigorously against this policy, but the force of its protest was weakened by the fact that during the Civil War the American Government had pursued substantially the same policy in regard to goods shipped by neutrals to Nassau, Havana, Matamoros, and other ports adjacent to the Confederacy. Prior to the American Civil War goods could not be seized on any grounds unless bound directly for a belligerent port. Under the English doctrine of continuous voyage as advanced during the Napoleonic wars, goods brought from the French West Indies to the United States and reshipped to continental Europe were condemned by the British Admiralty Court on the ground that notwithstanding the unloading and reloading at an American port the voyage from the West Indies to Europe was in effect a continuous voyage, and under the Rule of 1756 Great Britain refused to admit the right of neutral ships to engage in commerce between France and her colonies. Great Britain, however, seized ships only on the second leg of the voyage, that is, when bound directly for a belligerent port. During the American Civil War the United States seized goods under an extension of the English doctrine on the first leg of the voyage, that is, while they were in transit from one neutral port to another neutral port, on the ground that they were to be subsequently shipped in another vessel to a Confederate port. Great Britain adopted and applied the American doctrine during the Boer War. The doctrine of continuous voyage, as applied by the United States and England, was strongly condemned by most of the continental writers on international law. The Declaration of London adopted a compromise by providing that absolute contraband might be seized when bound through third countries, but that conditional contraband was not liable to capture under such circumstances. As the Declaration of London was not ratified by the British Government this distinction was ignored, and conditional as well as absolute contraband was seized when bound for Germany through neutral countries.

While Great Britain may be charged with having unwarrantably extended the application of certain rules of international law and may have rendered herself liable to pecuniary damages, she displayed in all her measures a scrupulous regard for human life. Her declaration that "The whole of the North Sea must be considered a military area," was explained as an act of retaliation against Germany for having scattered floating mines on the high seas in the path of British commerce. She did not undertake to exclude neutral vessels from the North Sea, but merely notified them that certain areas had been mined and warned them not to enter without receiving sailing directions from the British squadron.

The German decree of February 4, 1915, establishing a submarine blockade or "war zone" around the British Isles, on the other hand, was absolutely without legal justification. It did not fulfill the requirements of a valid blockade, because it cut off only a very small percentage of British commerce, and the first requirement of a blockade is that it must be effective. The decree was aimed directly at enemy merchant vessels and indirectly at the ships of neutrals. It utterly ignored the well-recognized right of neutral passengers to travel on merchant vessels of belligerents. The second decree announcing unrestricted submarine warfare after February 1, 1917, was directed against neutral as well as enemy ships. It undertook to exclude all neutral ships from a wide zone extending far out on the high seas, irrespective of their mission or the character of their cargo. It was an utter defiance of all law.