n of
that year, I ventured to point out what appeared to me to be its
defects, alike from a scientific and from a practical point of view. The
present Proclamation has slightly minimised these defects, but, as a
whole, remains open to the objections which I then raised. I have no
wish to repeat in detail the contents of my letters of 1904, especially
as they may be now found in my _Letters upon War and Neutrality_,
published in 1909, pp. 95 and 98, but am unwilling not to take this
opportunity once more to urge the desirability of redrafting the
document in question.
The Proclamation just issued still answers to my description of that of
1904, as consisting of seven parts--viz.: (1) A recital of neutrality;
(2) a command to subjects to observe a strict neutrality, and to abstain
from contravention of the laws of the realm or the Law of Nations in
relation thereto; (3) a recital of the Foreign Enlistment Act, 1870; (4)
a command that the statute be obeyed, upon pain of the penalties thereby
imposed, and of "Our high displeasure"; (5) a warning to observe the
duties of neutrality and to respect the exercise of belligerent rights;
(6) a further warning that any persons presuming, in contempt of the
Proclamation, to do acts in derogation of their duty as subjects of a
neutral Power, or of the Law of Nations, will incur the penalties
denounced by such law; (7) a notice that persons so misconducting
themselves will obtain no protection from their Sovereign.
With the phraseology of No. 1, reciting British neutrality, and Nos.
2-5, dealing with the duties of British subjects under the Foreign
Enlistment Act of 1870, and constituting the bulk of the Proclamation,
little serious fault can be found. It is well that such persons should
be warned of the penalties which they may incur, including the Royal
displeasure.
The remaining two clauses relate, however, to matters of a totally
different character from those previously mentioned, and care should
therefore have been taken, but has not been taken, to make this
perfectly clear. I would further remark upon these clauses: (1) That I
agree with Mr. Bowles in regretting the omission here of the specific
mention made in 1904 of "breach of blockade," "carriage of contraband,"
&c., as specimens of the acts undoubtedly contemplated in these two
clauses; (2) that it is a mistake to describe acts of this kind as being
in derogation of "the duty of subjects of a neutral Power," or "in
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