the Life of Richard Cobden, Maritime Law (2)

“Midhurst, Feb. 2. (To A. W. Paulton.)—I hope to see you on Wednesday evening. I have an idea (about which we can talk) of occupying ground in the House upon the subject of rights of neutrals by giving notice early of something of this kind: ‘That in the opinion of the House the questions affecting belligerent rights and the rights of neutrals are in an unsatisfactory state, and demand the early attention of her Majesty’s Government.’

“A Committee on Shipping in 1860 reported in favour of adopting Marcy’s plan of exempting private property altogether from capture by Government ships as well as privateers, but nothing was done.

“Now, I think such a motion must be agreed to, because all parties are dissatisfied with matters as they were left at Paris in 1856. In my speech I should advocate:—

“1st. The making of private property sacred from capture by armed ships of all kinds.

“2nd. Exempting neutral ships from search or visitation in time of war as in time of peace.

“3rd The abolition of blockade of commercial ports or coast-lines.

“I could make it clear that England is beyond all countries interested in carrying out these points.

“Have you been reading anything about International Law? If so, give me the benefit of your observations. What I shall want is standing-ground to show the absolute necessity for a change. Are there not great discrepancies between Lord John’s present doctrines and our former supposed principles? For instance I thought all our authorities, including Phillimore’s last book, agreed that a belligerent could take a neutral ship anywhere, and carry her into port for adjudication.”