Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
"And indeed, says Blackstone, this custom of reprisals seems dictated
by nature herself for which reason we find in the most ancient times
very notable instances of it. But here the necessity is obvious
of calling in the sovereign power to determine when reprisals may
be made; else every private sufferer would be a judge in his own
cause."[4]
In his work on international law Phillimore gives rules for reprisal
in time of peace,[5] saying that the sovereign alone can grant the
right of reprisal and only goods sufficient to satisfy the debt can
be taken, the rest must be returned. Matters of private reprisal
can not be adjudicated in prize courts, which are only called into
existence by regular war, but come under the jurisdiction of the
regular courts of admiralty.[6] The matter is now purely theoretic
in England since by the declaration of Paris of 1856 privateering
and consequently the right of private reprisal was abolished. No
commission for this purpose could now be issued and any one engaged
in it would be considered a pirate. Public reprisal is still used
as a method of coercion short of war and may be employed for the
collection of private debts or for obtaining satisfaction for torts
of the individual, though only vessels of the regular navy can take
part, according to the declaration of Paris.
The right of reprisal for private redress in time of peace or
special reprisal should be distinguished from the right of reprisal
during war or general reprisal, sometimes distinguished as the
right of Marque. Formerly vessels were commissioned by letters of
Marque and reprisal to prey on the general commerce of the enemy
to any extent and wherever found during war. This right was only
legal under special commission of the sovereign though England
seems to have taken a very lenient attitude in dealing with
non-commissioned captors even granting them a share of their prizes.
Her attitude seems to have been that subjects by making captures
without commission offended against municipal law but not against
international law. Thus she was at liberty to deal with them as she
chose but the injured alien had no recourse under international law.
As a matter of fact if the non-commissioned captors had observed due
care in the conduct of the prize they were usually rewarded with
prize money on its condemnation.[7] The declaration of Paris which
abolished this practice was severely criticized by many English
writers on the ground that it robbed England of important belligerent
rights and some even doubted whether England was legally bound by it
on account of some diplomatic irregularities in signing it.[8] But
now there can be little doubt but that privateering is illegal in
England though volunteer fleets and subsidized steamship lines which
are used by all naval powers, come dangerously near to amounting to
the same thing.[9]
c. State Title to Prize.
The title to all prize vests originally in the state.
Public-domain text, read in full here on John Shaqi.
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