War in Disguise Or the Frauds of the Neutral Flags

Cover War in Disguise Or the Frauds of the Neutral Flags
War in Disguise Or the Frauds of the Neutral Flags
Stephens James
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It is not the right of a belligerent to impart a benefit of this kind, but the right of a neutral to accept it, that is the point in controversy. The carrying of contraband to the enemy, or of provisions to a besieged place, might be defended in the same way 5 for the belligerent has an undoubted right to buy those articles, if carried to him, or to con- tract previously for their transmission by the neutral.
But the belligerent has one set of obligations, and his neutral friend has another, of
... a very dif- ferent kind ; it is fallacious, therefore, to reason from the rights of the one, to the rights or duties of the other.
If the legality of any branch of commerce, as between the enemy and a neutral, could entitle it to protection from our hostilities, its illegality, e converso, might reasonably subject it to capture and condemnation. But neutral merchants know to their great advantage, that the latter is not the doctrine of the British prize court* Property X 154 to an immense value was restored dnring the last war, which was avowedly the subject of a commerce with Spanish territories, contraband at the time of the transaction, by the law of Spain.


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