The Blockade of the Menam
Sir,—Upon many questions of fact and of policy involved in the quarrel between France and Siam it may be premature as yet to expect explicit information from the French Government; but there should not be a moment’s doubt as to the meaning of the blockade which has probably by this time been established.
Is France at war with Siam? This may well be the case, according to modern practice, without any formal declaration of war; and it is, for international purposes, immaterial whether the French Cabinet, if it has commenced a war without the sanction of the Chambers, has or has not thereby violated the French Constitution. If there is a war, and if the blockade, being effective, has been duly notified to the neutral Powers, the vessels of those Powers are, of course, liable to be visited, and, if found to be engaged in breach of the blockade, to be dealt with by the French Prize Courts.
Or is France still at peace with Siam, and merely putting upon her that form of pressure which is known as “pacific blockade”?
In this case, since there is no belligerency there is no neutrality, and the ships of States other than that to which the pressure is being applied are not liable to be interfered with. The particular mode of applying pressure without going to war known as “pacific blockade” dates, as is well known, only from 1827. It has indeed been enforced, by England as well as by France, upon several occasions, against the vessels of third Powers; but this practice has always been protested against, especially by French jurists, as an unwarrantable interference with the rights of such Powers, and was acknowledged by Lord Palmerston to be illegal. The British Government distinctly warned the French in 1884 that their blockade of Formosa could be recognised as affecting British vessels only if it constituted an act of war against China; and when the Great Powers in 1886 proclaimed a pacific blockade of the coasts of Greece they carefully limited its operation to ships under the Greek flag.
The Subject has been exhaustively considered by the Institut de Droit International, which, at its meeting at Heidelberg in 1887, arrived at certain conclusions which may be taken to express the view of learned Europe. They are as follows:—
“L’établissement d’un blocus en dehors de l’état de guerre ne doit être considere comme permis par le droit des gens que sous les conditions suivantes:—
“1. Les navires de pavillon étranger peuvent entrer librement malgré le blocus.
“2. Le blocus pacifique doit être déclaré et notifié officiellement, et maintenu par une force suffisante.
“Les navires de la puissance bloquée qui ne respectent pas un pareil blocus peuvent être séquestrés. Le blocus ayant cessé, ils doivent être restitués avec leur cargaisons à leurs propriétaires, mais sans dédommagement à aucun titre.”
If the French wish to reap the full advantages of a blockade of the Siamese coast they must be prepared, by becoming belligerent, to face the disadvantages which may result from the performance by this country of her duties as a neutral.
I am, Sir, your obedient servant,
T. E. HOLLAND
Athenæum Club, July 26 (1893).