THE CHINA MAIL, OCTÓBER 9, 1989
AMERICAN NEUTRALITY
LEGISLATION
In view of the discussions proceed- ing in Congress on the Neutrality Bill, it may be of interest to survey briefly the recent history of neutrality legis- lation in the United States.
This 'legislation had as its chlef aim the keeping of America out of future war, so far as entanglement in war might be threatened by belligerent in- terference with American.commerce
and shipping, or by the loss of Ameri- can lives in the course of belligerent naval warfare. After the Great War, it was the opinion of probably the ma- jority that America's entry into that war had been the result of following the traditional neutrality policy, with all its entangling consequences, tak- ing into consideration the character of modern warfare, especially of naval warfare. If American ships were de- barred from carrying goods, capable of being listed in the ever-growing schedule of contraband, to belligerents, if American nationals were restricted in their use of belligerent ships, if American, goods going to belligerents were to be paid for on a cash basis su that Americans would have no further interest or title in them, many of the difficulties which emerged in the last war would be averted. Many thought also that a complete embargo on the export of actual arms and munitions was necessary to this end.
Many Americans, and the President himself was
one of these, believed that American neutrality law could be so devised as not only to lessen the risks of American entanglement in future war, but also to discourage war, especially aggressive war, elsewhere.
In 1935 were pass- ed joint Ressolutions of Congress embody- ing a new Neutrality Law. These were continued in 1936, and in 1937 the pro- visions were extende-
of
cept in accordance with such rules as the President should prescribe. 5. The President was also authorised to regulate and restrict the use American ports and territorial waters vessels of any foreign state, during by submarines and armed merchant any war in which the United States is neutral.
In the early summer of this year this legislation came up for review. It was desired to repeal the provisions relat- ing to the embargo upon arms exports,
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transfer "implements" (which would include aeroplanes, for example) from the embargo provision to the
"cash and carry" provision, it was found im- possible to reach agreement on a new measure as a whole.
Hence the special session of Con- gress now proceeding. The debates are now being conducted, no longer with a view to future wars, but inevitabiy with reference to the present war in Europe. The atmosphere of debate has therefore changed.
The new Neutrality Bill now being broadly speaking. Many of them are debated proposes the following rules, renewals of provisions contained in not be allowed to carry any goods the 1937 Act. American ships would
whatsoever destined for belligerent countries, and the penalty for infrac- tion has been raised five-fold as com- pared with the 1937 Act. vision about transfer of title and risk before goods can leave the United States for belligerent countries re- appears. American citizens would be prohibited from travelling in ships belonging to belli- gerent nationals, ex- accordance cept in
The pro-
with rules which
T.A. MORTON the President would
d, and made also to cover the case of civil war in a foreign country.
The main provisions of the 1937 Act were as follows.
1. Whenever the President should find a "state of war" to exist between foreign states, he must make clamation to that effect, whereupon it
pro would be unlawful to export "arms, ammunition, or implements of war". from any place in the United States to a belligerent, directly or through neu-. tral states. The proclamation was to list the arms, munitions etc. affected. 2. (a) The President was directed, should he find it necessary in order to promote the security or preserve the peace of the United States or to protect the lives of citizens of the United States," to proclaim restrictions on the shipment of certain articles or materials to belligerent states, where- upon it would be unlawful to any American vessel to carry any such ma- terials to a belligerent or to neutral states for trans-shipment.
*
prescribe. No Ameri- can merchant ship would be allowed to carry arms, apart from small arms for disciplinary purposes. New : issues
states would be debarred from sale in of securities of belligerent
the United States. Short term credits (not more than three months) of the ordinary commercial type might, how- ever, be allowed. The President would the use of harbours etc. of the United have power to issue restrictions un States by belligerent submarines. or armed merchantmen.
It will be seen that the first section of the 1937 Act does not appear. That is, the absolute prohibition of the ex- port of "arms, ammunition, and imple- ments of war" is dropped. It is on this issue that the keenest controversy has been aroused.
There are those who argue that to permit the export of arms and muni- tions is in effect to favour a particular side. This argument was also heard in 1915 from American sympathisers with the Central Powers. On the other side, it is pointed out that such a view would impose an impossible task upon neutrals, namely the task of weighing testing parties, and ensuring equality up the respective positions of the con-
the supply of anything calculated to cf opportunity to each in regard to assist in the prosecution of the war. idea of As Mr. Lansing wrote in 1915, such an would involve a neutral nation in a the meaning of neutrality mass of perplexities which would ob- obligation." The international jurist scure the whole field of international
Westlake maintained that no line of distinction could be drawn between the sale of the munitions and the sale of other articles essential to belligerents pro- in the carrying on of war.
(b) 'The President
was further directed, should he find it necessary for the same reasons, to proclaim res- trictions upon the export of articles and materials to belligerent states,. whereupon it would be unlawful to export such materials "until all right, title and interest therein shall have been transferred to some foreign gov ernment, agency, institution, associa- tlon, partnership, corporation, or na
tional,"
(The last two provisions constitute what have been called the "cash and carry" rules. They are perhaps better described as "transferred risk" visions.)
has
Again, the opponents of arms ex- 3. It was further provided that, on ports maintain that they would en- the proclaimation of a state of war danger America's chances of remain- abroad by the President, it should be- ing out of war. "America." It has been come unlawful for any person with- said. "cannot be an arsenal for one In the United States to purchase bonds belligerent without ultimately becom- or other securities, of belligerent go- ing a target for the other." On the ernments issued thereafter, or to ex- other hand, Senator Pittman tend credits to such governments. pointed out that the Arms Embargo Commercial short-term credits might provisions of the 1937 Act were en- be allowed at the President's discre- acted chicfly for the purpose of pre- tion.
venting attacks on American vessels. "We know now that belligerent gov- ernments will consider it just as im- (Continued on Page 14)
4. American citizens were forbid den to travel on belligerent merchant ships, after proclamation as above, ex-
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