Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
Benefit may be received by the captors or destroyers of vessels in
three ways. 1. As prize bounty. A special reward is often given for
destroying or capturing enemy vessels. Usually it is given only for
destroying armed vessels of the enemy though in some cases, bounty
has also been given for the destruction of merchantmen. It is a sum
of money given from the treasury of the government irrespective of
the value of the prize captured. In distributing it an effort is
made to determine the strength of the opposing vessel, thus it is
given either as gun money, a fixed amount for each gun on the enemy
vessel or as head money, a fixed amount for each man on the enemy
vessel at the beginning of the engagement. 2. As military salvage.
A reward is usually given for the recapture and return of vessels
belonging to citizens of their own or allied countries. This reward
is of a similar nature to the salvage which is ordinarily paid for
the recovery of shipwrecked vessels in time of peace. The amount paid
is usually a certain proportion of the total value of the recaptured
prize. 3. As prize money. This is the portion of the actual proceeds
of the prize captured given to the captors. The amount of benefit in
this case would of course depend on the value of the prize captured,
and if the prize is destroyed there obviously is no prize money.
Formerly money might also be received as ransom, that is a prize
would be released by the captors on the giving of a ransom bill which
obligated the master of the prize to continue to a certain port, to
refrain from future voyages during the war, and to pay a fixed sum
of money as ransom. Thus ransom would partake of the nature of prize
money and be divided in the same way. The practice was abolished in
England in 1782 by statute[21] but seems to have been allowed later
in special cases[22] though each succeeding prize statute repeated
the prohibition. It is now illegal unless specially authorized by
Order in Council under the naval prize act of 1864.[23]
_NOTES._
Chapter V, Part 2.
[1] See ante, p. 26.
[2] Op. cit. iii, 77; see also Blackstone, op. cit. i, 257.
[3] On the relation of the individual to the state see Westlake,
Principles of International Law, Cambridge, England, 1894, p. 258;
Rousseau, The Social Contract, English translation from French, by
Tozer, London, 1909, p. 106. The theory associated with the name of
Rousseau appears to have been first enunciated by Giustino Gentili in
1690, see C. M. Ferrante, Private Property in Maritime War, Political
Science Quarterly, 1895, xx, 708.
[4] Blackstone, op. cit. i, 259.
[5] Phillimore, op. cit. iii.
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