The Neutrality Policy of the United States

By Julia E. Johnsen | Go to book overview

belligerents a free access to the neutral territory and the right to secure supplies therein as freely as in time of peace. Vattel nine years later took a rather different and more advanced position. According to him, a neutral state must abstain from giving help to either party, and can not give it to both equally, "for it would be absurd that a state should succor two enemies at the same moment." He also points out that furnishing the same things to both sides may not be equivalent aid to them both. Nevertheless he goes on to say that a neutral may lend money to one of two belligerents if this is done as a purely business transaction.


LEGAL POSITION OF NEUTRALITY2

Neutrality depends in large part on the municipal statutes of a country, especially as regards the neutral conduct of its citizens and residents. A proclamation of neutrality, while generally the pronouncement of the executive, is a unilateral act of a national state, and sets forth the policy of a country as determined by its domestic civil authority. Where one or both of the parties are not independent states, such a proclamation serves as a recognition of a belligerent status, with the right to employ belligerent rights. Moreover, neutral states in all wars, and maritime states especially, find it necessary to define their relation to the conflict. It is difficult to see how this definition could take place, if a state may be, as some have suggested, less neutral toward some states, and more neutral toward others. The first neutrality proclamation of the United States, issued by President George Washington on April 22, 1793, is worth quoting at this point:

Whereas it appears that a state of war exists between Austria, Prussia, Sardinia, Great Britain, and the United

____________________
2
From address by Charles E. Martin, Professor of Political Science, University of Washington, Seattle. American Society of International Law. Proceedings. 1931. p. 158-60.

-82-

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The Neutrality Policy of the United States
Table of contents

Table of contents

  • Title Page 1
  • Introduction 3
  • Contents 5
  • Summary of the Arguments 9
  • Bibliography 39
  • Definitions 71
  • General Discussion 77
  • Historical Development of the Law Of Neutrality 77
  • Legal Position of Neutrality 82
  • Neutrality and War Prevention 85
  • Position of American Neutrality During the World War 89
  • Covenant of the League of Nations And Neutrality 94
  • Neutrality Policy of August 1935 104
  • American Policy 105
  • New Proposals 109
  • Price of Neutrality 118
  • Brief Excerpts 126
  • Affirmative Discussion 145
  • Neutral Policy for America 145
  • Mandatory Neutrality 152
  • Contraband and Neutral Trade 156
  • Future of Neutrality 162
  • Safeguards to Neutrality 167
  • Dragging America into War 174
  • American Neutrality 178
  • Propaganda Balance Sheet 180
  • Brief Excerpts 182
  • Negative Discussion 205
  • Cost of Peace 205
  • World Chaos Once More 213
  • Neutrality and International Organization 219
  • Is Neutrality Consistent With International Cooperation? 226
  • Neutrality and Neutral Rights Following the Pact Of Paris 231
  • Neutrality and War Prevention 238
  • Our Foreign Policy with Respect To Neutrality 241
  • Economics of Neutrality 243
  • Brief Excerpts 245
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