Note 15 — I THE NEUTRAL MERCHANT: THREE AMERICAN NOTES AND THE ANSWERS

See the quotation from Azuni, cited Letters of Historicus, pp. 126-131:—‘Whatever may be the other demerits of Azuni’s work, his doctrine on this point is unquestionably sound, and the reasons which he adduces are unimpeachably accurate

‘“Commerce in all kinds of merchandise, commodities, and articles of manufacture, being allowed in time of peace to the subjects of a nation, so far as the laws of the State, or particular treaties with other Powers create no exception, they ought to be permitted to do the same thing during the continuance of war, since neither of the belligerent parties has a right to impose any new obligations on the neutral, which did not exist in time of peace.

‘“In the public treaties down to the present time, do we in fact see any prohibition than that of transportation of contraband goods to an enemy? No nation, not even the most powerful, or those who could, with impunity, exercise the right of the strongest, have ventured, in their declarations of war, dictated by the most violent animosity, to prohibit neutrals from the impartial sale of any goods in their own territory. They have confined themselves to the threat of confiscating contraband articles which should be found clearly destined to the enemy.”’