Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
In connection with privateering there can be no doubt but that the
generous giving of prizes has enabled England to make effective war
with little national expense. Elizabeth's wars cost her nothing,
rather they were a source of income. The same was true of the wars of
the eighteenth century. The hope of gain seemed always sufficient to
enlist private enterprise in privateering war. However privateering
is now abolished. Modern naval strategy demands a few men-of-war
rather than many cruisers. Captain Mahan[2] considers commercial war
as of comparatively small importance. An effective blow can only be
struck by conflict with the enemy's armed vessels. Any amount of
commerce destroying can not conclude the war in his opinion, though
he by no means takes the stand that commerce destroying should
be abolished. It would seem that the small share of prize which
might possibly be received by a sailor in a modern ship would be a
negligible factor in increasing naval efficiency. Rather it would be
a deterrent as it would attract vessels into commercial war instead
of into the more effective conflicts with the enemy's armed vessels.
With the abolition of privateering it would seem that the value of
prize money as a means of increasing the efficiency of the navy
departed.
b. International Law.
England's prize money laws can not be said to have imperiled neutral
rights. England has always insisted on the most extreme belligerent
rights but it can not be said that her courts often denied a neutral
right that was really established by international law. The prize
courts of Mansfield and Stowell have been considered models of
fairness throughout the world. Though the utmost privileges were
given to privateers and the sailors of the royal navy the even
handed justice of the prize courts fully protected neutral rights by
restoring illegal captures made with the hope of private gain. With a
people of less law abiding disposition and less used to submission to
law than the English this might not be true.
Public-domain text, read in full here on John Shaqi.
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