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Obviously no general conclusion can be drawn from the conduct of a neutralized state, such as Switzerland. The general rule, not the exception, is sought in determining international rights. Basing his argument largely upon this authority, Mr. Baty asserts that Calvo approves the granting of passage where this privilege has been secured by previous treaty.
Side by side with the gradual development of humanitarian ideas, there is the gradual growth of ideas of a different kind. Serfdom is past, and capitalism is growing. And with ideas of liberation at their height the majority, just as in the days of Baty, feeds, clothes, and defends the minority; and is left hungry, naked, and defenceless.
Baty asserts that a real easement existed in favor of England if she might "force her way along" the routes stipulated in the treaty, "without going to war with Portugal," But he says this interpretation is always "subject to the consideration, that the terms of the treaty do not seem to contemplate the use of the road as a military road at all," a conclusion which would seem to settle the question, and deny that any shred of justification existed for the use to which neutral territory was put in time of war.
Baty is of the opinion that while the belligerent might have "a right in rem to the ship so far as the civil law was concerned," it would have only a "quasi-contractual right in personam against the state in whose waters it lay, to allow it to be handed over." Obviously, the performance of that duty, to hand over the vessel, "would have become illegal when hostilities broke out."
Mr. Baty, who has made a careful study of the precedents upon the subject, states that while "writers vary in their treatment of the question" of the passage of troops over neutral territory, "the modern authorities are all one way."
Baty that such a thing as a real servitude may exist in international relations, let us examine the stipulations in the treaty of June 11, 1891, by which it has been alleged this right was secured to England.
Side by side with the gradual development of human ideas the gradual growth of ideas of another order is observed. Serfdom is no more, but the capitalist system is growing. And in the very heyday of emancipating ideas, just as in the days of Baty, the majority feeds, clothes, and defends the minority while remaining hungry, inadequately clad, and defenceless.
It is obvious that Article 14 could not apply to anything more warlike than "merchandise" being transported from Pungwe Bay, where Beira is situated, to the British sphere of influence. It is admitted by Mr. Baty that Article 12 is inapplicable to any routes other than the water-ways specified and the land routes and portages auxiliary to them.
Mr. Baty, without reaching any definite conclusion in the matter, admits that the point to be decided in any case is not so much the fact that there is an antecedent treaty, as the nature of that treaty.
Baty has concluded that Calvo asserts the possibility of a neutral, without violating its neutral obligations, allowing a belligerent to pass troops over neutral territory for the purpose of attacking a State which is on friendly terms with the Government granting the privilege. Mr.
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