Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
As stated there is a growing movement in England in favor of
abandoning the right of capturing private property at sea. The
discussion has been entirely based on considerations of broad
national policy. The existence of prize money has not entered into
the matter. It does not seem likely that England's laws of prize
money have had or do now have any appreciable influence on her
attitude in this question.
c. Conclusion.
It seems that under present conditions the giving of prize money
in England has little effect either for good or evil. Since the
abolition of privateering it appears to have had little value in
increasing the efficiency of the navy or in decreasing the expense of
war. Neutral rights have not been imperiled by it for in England it
has not given rise to biased judgment on illegal captures. While it
may have decreased the destruction of prizes before adjudication it
does not appear likely that its abandonment would now have any effect
on this matter. Neither does it seem probable that it has had much
influence in determining England's stand on the question of the
right to capture private enemy property at sea.
In view of this inoffensive character of prize money in England it is
not surprising that it remains law. Sailors and naval officers want
to keep it. The institution is long established in custom by which
the English are proverbially bound. Unless a definite charge can be
brought against it, it does not seem likely that the present practice
will be abolished. England's stand at the Hague conference of 1907
seemed to indicate this attitude. On that occasion a proposition was
introduced by the French delegation to abolish prize money.[12] It
was offered as a substitute to the American plan of abolishing the
right to capture private property at sea. Great Britain opposed the
scheme. Sir Ernest Satow, the British delegate, said that England
could not agree to the proposition as the English parliament had
reasons for believing in their present custom of distribution. The
reasons, he did not give. He added that he considered the matter as
being one solely for internal settlement and not one of international
law.[13] We may therefore expect prize money to remain as an
institution of British policy, though its influence on international
law seems to be very slight.
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