Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
It might be supposed that the generosity toward the captors of prize
would be calculated to decrease the destruction of prizes at sea.
If the prize were destroyed of course the captor would obtain no
prize money. English publicists are inclined to admit the right of
destruction at sea. Thus Scott, Lushington and Holland say that
it should not be resorted to except in cases of extreme urgency
but on occasion it may be justifiable or even praiseworthy.[3]
Continental writers on the contrary are inclined to disallow entirely
the legality of the destruction of prizes. Bluntschli and Heffter
greatly deprecate the practice.[4] In spite of the apparent authority
for such action given by English publicists English cruisers have
very seldom destroyed prizes. This may be due partly to her prize
money law but probably to a greater extent to her widely scattered
territories which make it almost always possible to get a prize to an
English port. At present the destruction of neutral prizes is closely
circumscribed by the provisions of the Declaration of London[5] on
that point so it is not likely that the abolition of prize money
would bring about an increase in this practice.
The movement toward the abolition of the right to capture enemy
private property at sea, historically advocated by the United States,
is coming into increasing favor in England, though England as a
nation always has been and still is the leading opponent of the
innovation.[6] As pointed out above, modern naval strategy deprecates
commercial war as also does humanitarianism. A considerable number
of English publicists are now advocating the abolition of this right
not only on behalf of humanity but also as a matter of wise military
policy for Great Britain. The increasing importance of unrestrained
commerce to the island has influenced many to believe that England
would gain more than she would lose by the abandonment of this
belligerent right.[7]
It may be useful to consider how much effect the institution of
prize money has upon England's attitude on this question. There is
no doubt but that sailors and officers of the navy like to get prize
money. There is the gambler's zest to money received in this way and
undoubtedly the personnel of the navy would offer all the resistance
in their power to the abolishment of prize money. A section in the
proposed prize act of 1910 illustrates this.
Public-domain text, read in full here on John Shaqi.
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