Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
[1] For English regard for commerce see Blackstone, I, 260; "Indeed
the law of England as a commercial country pays very particular
regard to foreign merchants in innumerable instances." He also quotes
Montesquieu, Esprit des Lois, XX, 13; "That the English have made the
protection of foreign merchants one of the articles of their national
liberty." See also navigation Acts of 1650, Scobell, 152, of 1651,
Scobell, 176, of 1660, 12 Car. II c 18.
[2] See discussion of the rule of 1756, and England's opposition
to the armed neutralities of 1780 and 1800 in Wheaton, History of
the Law of Nations. On her opposition to the immunity of enemy
property on neutral vessels, see Ward, Treatise on the Rights and
Duties of Neutrals, and Bowles, Maritime War. England is today the
strongest opponent of the movement to abolish the right to capture
enemy private property at sea, see Report of meeting of Institut of
International Law, Revue de Droit International, 1875, vii, 275, 329;
also official report of the Second Hague Conference.
PART 2. EFFECTS OF LAW.
a. The Navy
To discuss the effects of England's prize money law is a very
difficult task. However a few remarks may be made considering the
question with reference to its effect, first, on the English navy and
second, on international law.
It might be thought that the encouragement of mariners by the hope
of private gain would tend to increase the efficiency of the navy
and this is the avowed purpose of distribution in all the statutes
authorizing it. England has undoubtedly always had a very efficient
navy but she has almost always found it necessary to use the press
gang[1] to man her vessels in her important naval wars. The hope of
prize money has not been sufficient to furnish enough volunteers to
fill the navy.
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