NEUTRALITY.

Side by side with the idea of arbitration, another pacific idea,

already powerful, is pressing forward, and growing into an

International Law, namely, the Law of Neutrality.

He is neutral, who neither takes part for, nor against, in a dispute.

Neutrality is the impartial position which is not associated with

either party. The State is called neutral which neither takes part in a

war itself, nor in time of war sides with any of the warring parties.

In ancient times neutrality was not understood as a national right.

Neither the Greek nor the Latin language has any word to express

the idea. In the days when Roman policy was seeking to drag all the

nations of the earth into its net, the Romans saw in other peoples only

tributaries who had been subdued by their armies, subject nations who

had submitted to the Roman yoke, allies who were compelled to join in

their policy of conquest, or lastly enemies, who sooner or later would

have to bow before their victorious legions. Neutral States there were

none.

The centuries immediately following the dissolution of the Western

Roman Empire were filled with constant strife. This continued long

before the refining power which exists in the heart of Christianity

began to show itself in the foreign relations of States.

The foundations of modern Europe were laid in war.

During the Crusades the whole of our continent was under arms. The

struggle against the "infidel" was not simply a contest between one

State and another, it was also a contest between Christian Europe and

Mohammedan Asia. To be neutral in such a struggle would, according to

the judgment of the time, have been equivalent to denying the faith.

Within the European States, feudalism exerted no less a hindrance to

the embodiment of the principle of neutrality. It would have been

thought the gravest crime to loosen the bond of military service which

compelled vassals to support with arms the cause of their feudal lords.

It was only with the close of the age of feudalism, when Europe began

to separate into three or four great monarchies, that neutrality in

politics became a means of preserving the balance.

In later times increasing COMMUNICATION and TRADE have above all

contributed to the development of neutral laws. Without the sanction

of these, a naval war between two great nations would have made any

maritime trade all but impossible. Down to the close of the last

century, however, neutral rights were dependent either on national

statutes or on special treaties concluded between one State and

another. The law only gained certain international importance towards

the close of the eighteenth century through the NEUTRAL ALLIANCES which

from time to time were contracted between States.

In the period between 1780 and 1856 the subject gained an entrance by

degrees among all maritime nations except England, who, independent

of it, and always relying on her own strength, continuously sought to

maintain unlimited domination at sea.

In 1854-56 begins, so far as neutrality is concerned, a new era of

international law.

From this time the opposition which England raised to the practical

application of neutrality in naval war may be regarded as having

broken down. On the 30th of March, 1854, the French Minister of Foreign

Affairs, Drouyn de Lhuys, published a communication, including, amongst

other things, that the neutral flag during the then begun (Crimean)

war, should be regarded as a protection for all neutral and hostile

private property, except contraband of war. The same day the English

Government gave forth in the _London Gazette_ a similar declaration,

and on April 19th of the same year the Russian Government notified in

the _Official Gazette_ of St. Petersburg that Russia would, during that

war, act upon the same rules as the Allied powers.

The provisions, which thus the Western powers on one side, and

Russia on the other, believed themselves bound to observe towards

neutral states, were at the Peace of Paris, 1856, solemnly ratified

as International Law in force for all time. The principles which the

plenipotentiary signatories of the Peace Treaty of Paris agreed upon in

a proclamation of April 16th, 1856, are as follows:--

1. Privateering is and shall be abolished. 2. The neutral flag shall

protect property belonging to the enemy, with the exception of

contraband of war. 3. Neutral goods, except contraband of war, may

not be seized under the enemy's flag. 4. Blockades in order to be

obligatory must be fully effectual; that is, shall be maintained with a

strength really sufficient to prevent approach to the enemy's coast.

The Governments which signed the treaty bound themselves also, in this

proclamation, to communicate the resolutions to the States which were

not called to take part in the Paris Conference, and to invite them to

agree in these decisions. All the European States except Spain, and a

number of powers outside Europe, declared themselves ready to carry out

in practice the entire resolutions of the proclamation.

Many wars since then have shaken Europe; but under all these

misfortunes the warring States have not only conscientiously observed

the principles laid down in 1856, but they have gone further, in

certain points, in applying them, than they by it were bound to do.

Thus the Austrian Government issued an order, during the war with

France and Sardinia, with respect to maritime national law, in many

points far beyond what hostile or neutral powers had any ground for

requesting. The Imperial decree not only charged its military and civil

officers to follow strictly the injunctions of the proclamation, but

Sardinian and French vessels, which lay moored in Austrian waters, were

also to be permitted to load freight and proceed to foreign seas, on

condition that they took on board no contraband of war or prohibited

goods of any description. Immediately on the outbreak of war, the same

principles were adopted by France and Sardinia. These States, however,

went a step further than Austria, inasmuch as they unreservedly

declared that they would not regard coal as a contraband of war.

During the Dano-German War, in 1864, and the war between Austria and

Prussia and Italy, in 1866, the international principles of maritime

law received a similarly wide interpretation.

During the North American Civil War important questions came up, which

more or less affected the principle of neutrality. The question, which

became one of the greatest importance, arose in respect of the injury

which the commerce and navigation of the Union suffered during the war

from various privateers which were built in England on the Southerners'

account.

The ALABAMA QUESTION took its name from the privateer which went out

from Liverpool and occasioned the greatest devastation while the

war lasted. Although the executive of the Union at Washington duly

directed the attention of the English Government to the fact that

allowing the pirate to leave the English port would be equivalent to

a breach of the peace, yet the Government took no measures to prevent

the vessel leaving. The American Government, who with reason regarded

this omission as a violation of the laws of neutrality, claimed from

England full compensation for the property which had been destroyed

in the course of the civil war by the Southern privateer which came

from an English port. I have previously given more particularly the

constitution and functions of the Court of Arbitration appointed to

settle the threatening dispute which arose on this occasion. The

arbitration award had to be adjudicated in accordance with the three

following fundamental principles of international law:--

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