DEFENCE NOTES.
,;■.'-■ :/."■■ .' ,'_." ;.',♦ V''.,;';'.. ."...;■'■ -■ ■ ■ ■ \ ■■'; ' . ■-''•."'■''•'•• (BT'EOHBWH.) ':;:• ''lF BRITAIN WERE AT WAR, In a series of five most interesting Mr. F. Leverton Harris, MJ?., discusses, in the columns of the London "Standard," the effect of a. great naval war between Britain . ' ■ and some powerful opponent on our commerca and trade. He views the question more from ; the industrial than the military standpoint, but in,his first article he introduces some instructive observations on the capture of pro* perty at sea.'. •During the great naval wars at the end of the eighteenth and the commencement of! ; the nineteenth centuries entirly different con-: : . ditions, says Mr; Harris, prevailed with ;re< : . : : gai'd to the capture of property at sea from;'. •-. -'' those which prevail now. Previous to tha( ■ Declaration of Paris, which was signed in! 1856, every vessel, whether', owned by.a belli-; 'S: gerent owner or belonging to a,, neutral ow- : ner, was equally liable to be captured if there ■ were on board a single bale of cajgo destined ' for'the enemy. ''.. ■ .'."''" ' The law and' custom ; with regard to the 1 capture of private property at sea was based! upon the. principle than a.ny property be- A longing to your opporent, even if carried on board.the vessel of a friendly Power, might bp seized. The right to capture and for- . feiture extended at times even beyond'theactual goods, for it applied also to the ship- ; ... ■ which was carrying these goods and to other -; merchandise which, might be shipped by.thV same vessel., ■■■'•"'! THE DECLARATION OF PARIS. : But since 1856 the change has been com-, ';; pletei The signatories to the Declaration of , Paris have, declared that the flag shall cover the goods, and that enemies' goods-shipped" in neutral bottoms shall be exempt from! ~ capture, provided the merchandise. is nob \ contraband: of war or intended to enter blockaded waters.: . . ■ c '".', - Such is the revolutionary chatigc which the' :'■■"'.. Declaration.of Paris has brought about and.'i';-'■'■ which continues to bo observedto-day. Ves-,"'■:■'' ■: sels owned in a belligerent,country, with, a. few exceptions, such as'fishing boats, hospital.':-,.:': ships, etc.,, are liable to bo captured what-. >.'.".' ever cargo they may have on board, but a- - vessel owned by a neutral owner can sail ia. ,'Y: perfect security,, even with an enemy's : goods. :,' onboard, provided that those goods do not ' ; constitute contraband of war. .The result; of this alteration: in-international law,'.due-tin. : ''.■ the Declaration of Paris, to a nation situated■'-. .'. as we are, and. owning, as .we do; half, the* '""•' shipping, of. the world, is destined; to be a:': profoundly grave one. ... Though we 'have''no. :. -'. actual or reliable experience to guide us, we.- :--■'■ ', shall probably find that the predictions oß■--■.'■, Mr.Cobden, written shortly after the sign-:-" ~' ing of the Declaration of Paris, will not. b»;. - falsified. -"Have you ever thought," he*' - wrote,- ."of the. effects that would beproduced -;' .: on , English shipping property in 'case of war? "- ; .' with America or another maritime Power, ow- | : ing to the principles now being formally ad-. ;' mitted that free ships make free, goods? Ali .. our carrying trade would, of course,'be in, v ,. the hands of neutrals! Who would goods in English bottoms, "and- pay 20 peri cent: against capture): when ships under other flags would sail without any such bur-i ". • den?" '■' ■ ' _;: , ,-;' \ ; 'PRIVATEERINGf. ■>::'.;: But the Declaration of Paris contains i " second provision which it is. necessary to- '":' allude to.here. - It stipulates that. priva--' .. : teering shall be-abolished. At first sight-"'.- . this-may, seem to be a provision-likely, to. :■ ■ benefit a'great ship-owning nation like our- .' ■';■■ selves, for'in former days much destruction '.■'■ was caused, to British shipping by armed- :-*-.' ships belonging to private owners sailing..''.:, under, letters, of margue granted to tliem.bj;- . Governments that were hostile ,to. v us,'arid. •■-'.' this was speciaUy the case in the war of l But whilst this.class of irregular warfare,ia-"- ;; no; longer to be. recognised by internationajlaw, a-new, definition of "ship of ;: war"'has;.'.: sprung up .which practically nullifies.the-tle-.-. .-.;< cisiori;of the-signatories of of.'Paris with regard to privateering.. .-.Anjf''« ~-. ■merchant, ship can be convefted"ihto ; a :war- " "■" . ship with the. very minimum of trouble of V-' . expense.''lt is truo.'.that; thero are'certain. - conditions which have been agreed to amongst;, >~' the Powers; but these conditions aroso'easj" ■• ■■'' to'fulfil and light to bear that one> is'.bound -, to admit that, whilst privateering has ceased , in name, thero is nothing to prevent it from continuing in fact to even a greater extent ' . than it did in previous naval wars in which we have been engaged. ':' This will be evident from the following regulations which were laid down at The Hagua: .• Conference of last year. It was then pro- -.-■•■ vidod that any merchant ships might be con* A ,/ verted into warships if they were placed mw der the direct authority aud immediate con-;■ t'rol and responsibility of the'''Power whose ■ v ( j - flag' they carried.. They; must' bear the ex*' V temal marks which distinguish the warships', of their nationality; the commander must,oe in the service of the State and, duly-commis-; . sionedj the crew must be - subject to military, -.'■. discipline; the -customs of war must be do- ! served; thVconversion of such a vessel must . be announced as soon as possible; and. finally ; 1 any, contracting Power Wishing, to-denounced ■ -these-regulations must give one.year's •- ■-.- : - -'■■■'■■■■]■ '.;.;.' .•-'..._..■•:-' : .■ | S-There was one point,'however, to- which',;' 1 Great Britain attached paramount imports anco at this conference. . Instructions wer&.j 1 sent to'.our. representative to press for the-'' ■".- , recognition of the priiiciple.that this transfer' ■'.■.. from' merchant vessel to man-of-war should:: .'• .only take.place in'a home.port. In urging "■.-.'■"-.' : this unsuccessful and ultimately thefollowing important proviso was agreed :to. ;-: ; It reads'as follows:— .--,;' i "Whereas, however, the contracting Pow- ; . ers have been unable to come to an agreeW , i ment on the question whether the .convert.-. ;, sion.of a merchant ship into a warship ; : tako.place upon the high seas, it is under- . stood that- the question.of the place whcreC' : ;, such conversion is effected remains: outside-. : . ' the.;scope, of this agreement, and is. in no' Way affected by the' following rules." The position then to-day is-as follows:—*' ' ' There is nothing to prevent our enemy in ' \ time of war from purchasing in ! anypart. ofi-'v' ■- i the; world, in port or at sea, any merchant) i or other vessel for the purposo of sending her ; I' on to the high seas to interfere with or de-.'.:'. i: stroy our s commerce. All that.is necessary ' .'-.- >' .is that a flag should bo flown from the masti; Head .'and -that a;'commission should bo ■; granted to the officer in command, and thai) ' . 1 notification, should be .given and;tho. dis* -.. tinctiye signs adopted.- . ~ •* ;:
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Dominion, Volume 2, Issue 413, 23 January 1909, Page 9
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1,062DEFENCE NOTES. Dominion, Volume 2, Issue 413, 23 January 1909, Page 9
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