The Declaration of Paris has also left untouched the old usage of
embargoes. A nation wronged by another may still seize the vessels of
that other which may be in its ports, in order to secure attention to
its claims; restoring them in the event of a peaceable settlement,
but confiscating them if war ensues. The resemblance of this practice
of hostile embargo to robbery, ‘occurring as it does in the midst of
peace ... ought,’ says an American jurist, ‘to make it disgraceful and
drive it into disuse.’[105] It would be as reasonable to seize the
persons and property of all the merchants resident in the country, as
used to be done by France and England. In 1795, Holland, having been
conquered by France, became thereby an enemy of England. Accordingly,
‘orders were issued to seize all Dutch vessels in British ports;’ in
virtue of which, several gun-ships and between fifty and sixty merchant
vessels in Plymouth Sound were detained by the port admiral.[106] It is
difficult to conceive anything less defensible as a practice between
civilised States.
It equally descends from the barbarous origin of maritime law that all
ships of an enemy wrecked on our coast, or forced to take refuge in our
harbours by stress of weather or want of provisions, or in ignorance
of the existence of hostilities, should become ours by right of war.
There are generous instances to the contrary. The Spanish Governor of
Havana in 1746, when an English vessel was driven into that hostile
port by stress of weather, refused to seize the vessel and take the
captain prisoner; and so did another Spanish governor in the case of
an English vessel whose captain was ignorant that Honduras was hostile
territory. But these cases are the exception; the rule being, that a
hostile Power avails itself of a captain’s ignorance or distress to
make him a prisoner and his ship a prize of war; another proof, if
further needed, how very little magnanimity really enters into the
conduct of hostilities.
It is a still further abuse of the rights of war that a belligerent
State may do what it pleases, not only with all the vessels of its
own subjects, but with all those of neutrals as well which happen to
be within its jurisdiction at the beginning of a war; that it may, on
paying the owners the value of their freight beforehand, confiscate
such vessels and compel them to serve in the transport of its troops
or its munitions of war. Yet this is the so-called _jus angariæ_, to
which Prince Bismarck appealed when in the war with France the Germans
sank some British vessels at the mouth of the Seine.[107] It is true we
received liberal compensation, but the right is none the less one which
all the Powers are interested in abolishing.
Public-domain text, read in full here on John Shaqi.
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