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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