This power has been so freely exercised, and large portions of the Declaration, not thereby affected, have proved to be so inapplicable to modern conditions, as disclosed by the war, that the document, so far from providing reliable guidance, is now a mere source of hopeless confusion.
Holland critiques the Declaration for being outdated and causing confusion rather than providing guidance.
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Either let its place be taken by some clear and simple statement of unquestioned prize law, for the use of commanders and Officials, ... or established principles take care of themselves, certain doubtful points only being dealt with from…
Ought they not to be referred to a Royal Commission, on which should be placed representatives of the Navy and Merchant Service, of the corn trade, and of the Colonies, together with international lawyers, in touch with the views of their…
To put an end to this confusion, I venture to suggest that, in concert with our Allies, the Declaration should be finally consigned to oblivion.
Its admirers have, however, too long preserved it, perhaps sub spe rati, in a state of suspended animation, using it by way of, as they supposed, a convenient handbook of maritime law for the purposes of the present war, though subject to…
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