Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
On theoretical grounds the practice seems to have little basis for
existing. It is not in harmony with the modern view of war which
seeks so far as possible to eliminate the element of personal gain
and to limit the operations of war to strictly state agencies.
It encourages war on commerce. Its use savors of privateering.
It offers a constant temptation for infringing neutral rights by
making illegal captures. With the abolition of privateering and the
present views of naval strategy its usefulness as an encouragement
for seamen and a means of increasing the efficiency of the navy have
departed. It accentuates the gambler's chance which is contrary to
all modern ethics. Sailors, the same as soldiers, should receive
fixed pay for their services, and not be compelled to rely for their
salaries, in part at least, upon the uncertain chance of prize
money. Bentwich says of prize money: "The present custom of dividing
among the captors the proceeds of sale after adjudication of a prize
court preserves in maritime war that taint of belligerent greed and
of interested attack upon private property which is against the
spirit of modern warfare and which has been declared illegal in land
operations."[14]
Though prize money as given in England was an institution of great
international importance in the balmy days of privateering especially
during the reign of Elizabeth when it was largely responsible for
the romantic careers of England's empire builders, for the wholesale
capture of Spanish galleons and for England's naval supremacy, it
does not seem to have been of any particular importance to any one
outside of the naval service of Great Britain since the abolition of
privateering. Practically it is valueless. Theoretically it is bad.
It should be abolished.
_NOTES._
Chapter VI, Part 2.
[1] Common Law fully admits the legality of pressing sailors into
service, see Blackstone, I, 419.
[2] Influence of Sea Power upon History, pp. 132-138; Lord
Palmerstone also deprecated the value of commercial war, Political
Science Quarterly, 1905, xx, 711.
[3] Atherley-Jones, op. cit. 529, 534.
[4] Atherley-Jones, op. cit. 530.
[5] The Declaration of London, Chap. iv. The Declaration of London
however is not officially ratified by Great Britain, see Bentwich,
The Declaration of London.
[6] England's delegates, Messrs. Twiss, Westlake, Lorimer, and
Bernard gave the only dissenting votes to the proposition favoring
the abolition of the right to capture private property at sea,
Institute of International Law at its meeting at the Hague in 1875,
see Revue de Droit International, 1875, vii, 288. England also
opposed the proposition at the Second Hague Conference, in 1907, see
Second Hague Conference, Acts and Documents, iii, 832.
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