[567] See, for instance, Heffter, § 144; Manning, p. 225; Wheaton, §§ 425-426; Bluntschli, § 746; Halleck, II. p. 142.
[568] See above, § [77], where it has been pointed out that a neutral who takes up an attitude of qualified neutrality may nowadays be considered as an accessory belligerent party to the war.
Some Historical Examples of Qualified Neutrality.
§ 306. For the purpose of illustration the following instances of qualified neutrality may be mentioned:—
(1) By a treaty of amity and commerce concluded in 1778 between the United States of America and France, the former granted for the time of war to French privateers and their prizes the right of admission to American ports, and entered into the obligation not to admit the privateers of the enemies of France. When subsequently, in 1793, war was waged between England and France, and England complained of the admission of French privateers to American ports, the United States met the complaint by advancing their treaty obligations.[569]
(2) Denmark had by several treaties, especially by one of 1781, undertaken the obligation to furnish Russia with a certain number of men-of-war and troops. When, in 1788, during war between Russia and Sweden, Denmark fulfilled her obligations towards Russia, she nevertheless declared herself neutral. And although Sweden protested against the possibility of such qualified neutrality, she acquiesced in the fact and did not consider herself to be at war with Denmark.[570]
(3) In 1848, during war between Germany and Denmark, Great Britain, fulfilling a treaty obligation towards Denmark, prohibited the exportation of arms to Germany, whereas such exportation to Denmark remained undisturbed.[571]
(4) In 1900, during the South African War, Portugal, for the purpose of complying with a treaty obligation[572] towards Great Britain regarding the passage of British troops through Portuguese territory in South Africa, allowed such passage to an English force which had landed at Beira[573] and was destined for Rhodesia.
[569] See Wheaton, § 425, and Phillimore, III. § 139.
[570] See Phillimore, III. § 140.