The Law of Prize as Affected by Decisions Upon Captures Made During the Late War Between Spain and the United States (Classic Reprint) - Hardcover

Everett Pepperrell Wheeler

9780260460424: The Law of Prize as Affected by Decisions Upon Captures Made During the Late War Between Spain and the United States (Classic Reprint)

Hardcover

ISBN 10: 0260460427 ISBN 13: 9780260460424

Publisher: Forgotten Books, 2024

Excerpt from The Law of Prize as Affected by Decisions Upon Captures Made During the Late War Between Spain and the United States

That a vessel cleared or bound to a blockade port shall not be considered as violating in any manner the blockade, unless, on her approach towards such port, she shall have been previously warned not to enter it.

Some of the reasons for the historic policy of the United States are thus stated by Wheaton Digest of International Law, vol. Iii. Sect. 405, p. 659) The policy. Of the United States is to maintain neutral immunities for the following reasons (r) The probabilities of war are far less with us than with the great European States. From the nature of things, points of friction between the United States and foreign nations are comparatively few. We have an ocean between us and the great armed camps of the Old World and, while there are innumerable questions as to which one European State may come into collision with another, the only points as to which we would be likely to come into collision with an European State are those concerned in the maintenance of neutral rights. It was to maintain such rights that we went to war in x812; and except during the abnormal and exceptional spasm of the late Civil War, our national life has heretofore been the life of a neutral and Vindicator of neutral rights; and neutrality, when our system took shape, was arduous. The world was absorbed in the tremendous contest between France on the one side and England, with her allies, on the other. At times we were the only civilised power that remained neutral. Threats and blandishments were used both by France and England to drive us from our position but that position was not only defined and defended, under General Washington's administration, in papers so able and just as to be the basis of all future proclamations of neutrality, but was adhered to though necessitating a war for its defence. Our international attitude is, from the nature of things, that of neutrality and of the rights of neutrals we are, from the necessity of the case, the peculiar champions. (2) Although the richest country in the world, our traditions and temper are adverse to large naval and military establishments. (3) The idea of pacific settlement of disputed international questions is one of growing power among us; the horror of war has not been diminished by the experience of the Civil War. There is no country in the world where love of order is so great, and in which public peace is kept by an army and navy so small. It would be hard to convince the people of the United States that the immense and exhausting armaments of the great European States are not in part caused by the assigning of undue power to belligerents, and that one of the best ways of inducing a gradual lessening of these armaments would be the reduction of these powers.

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