Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
The act was offered in order to permit of the appeal of prize cases
to the international prize court provided for by the Hague conference
of 1907. The section in question[8] authorized the admiralty to give
prize money on estimated value even when the prize was liberated
by the court. The object of this section was evidently to insure
reward to the captors in case of a possible undue liberality on the
part of the international prize court, and would seem to imply a
certain lack of confidence in that court. This bill was lost with
little discussion. However, the provision indicates that the element
favoring prize money is ready to push its interests in legislation.
If the war right of capturing private enemy property at sea were
abandoned the chance of getting prize money would automatically
disappear except in the comparatively rare cases of contraband and
breach of blockade. Is the naval sentiment in favor of prize money
strong enough to keep England from falling in with other nations
in this movement toward abolishing the right of capture at sea?
It does not seem likely. The selfish, personal desires of a small
portion of the population can not be sufficient to sway the policy
of a great nation like England if broader considerations demand a
change. England's resistance to the movement for abolishing the right
to capture private property at sea can be traced to other causes.
John Stuart Mill once called the right to attack commerce "our chief
defensive weapon."[9] Phillimore, Twiss, Westlake, and Lorimer all
favored the retention of the right. It is idle to suppose that these
men had no stronger reason for their stand than that it permitted
seamen to get prize money. From the standpoint of military science
there has been in the past justification for the retention of this
right by England, and many sincerely believe that even now England
must retain it as a military defense.
In the vote on the American proposition for abolishing this right of
capture taken at the Second Hague conference[10] the prize money laws
of the different countries apparently had no effect on their vote.
Italy and Sweden who give prize money as well as the United States
and Germany who do not favored the resolution. On the other hand,
Japan who has never given prize money voted against the proposal
as also did Great Britain, France and Russia who have always given
it. It should be remembered that the United States advocated the
abolition of the right to capture private property at sea for a
century before she abolished prize money. Italy also has consistently
advocated that policy since 1870 though she still gives prize
money.[11] It does not seem that the local law of prize money has any
great effect on the countries attitude on the question of the right
to capture private property at sea.
Public-domain text, read in full here on John Shaqi.
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