Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
[7] Among English Publicists favoring the abolition of the right
to capture private property at sea may be mentioned Lawrence, Hall
and Maine. The question came before the house of commons by motion
of Sir John Lubbock, March 22, 1878, but was negatived without
division. (See Phillimore, op. cit. iii, 361.) Lord Palmerstone once
said, "Question Statesmen, none will tell you that the depredations
of privateers have ever decided the success or final result of a
war." (See Political Science Quarterly, 1905, xx, 711) and in a
speech of 1856 he hoped for the abolition of the right to capture
private property at sea. (See Speech by Rufus Choate, Second Hague
Conference, Acts and Documents, iii, 770.) Among English publicists
on the opposite side are Phillimore, Westlake, T.C. Bowles, Twiss,
Lorimer, Sir Shurston Baker, and Norman Bentwich. John Stuart Mill
in a letter to the Times, March 11, 1871 spoke of abandonment of the
right to capture private property, as "the abandonment of our chief
defensive weapon--the right to attack an enemy in his commerce."
(See Phillimore, op. cit. 361.) However, in a speech in 1867 he had
apparently countenanced the reform, (See Speech of Rufus Choate,
Second Hague Conference Acts and Documents, iii, 770.)
[8] Section 21 of the proposed act. For text of this act see
Bentwich, The Declaration of London, 174.
[9] Political Science Quarterly, 1905, xx, 711, see also note 7 above.
[10] The full result of the vote was as follows: Aye--Germany,
United States, Austria-Hungary, Belgium, Brazil, Bulgaria, China,
Cuba, Denmark, Equador, Greece, Hayti, Italy, Norway, Netherlands,
Persia, Roumania, Siam, Sweden, Switzerland and Turkey,--21;
Nay--Columbia, Spain, France, Great Britain, Japan, Mexico,
Montenegro, Panama, Portugal, Russia, Salvador--11; Not Voting,
Chile.
[11] For attitude of United States and other countries on this
question see speech by Andrew D. White, at the first Hague
Conference, (Holls, The Peace Conference at the Hague) and speech
by Rufus Choate at the Second Hague Conference, (Second Hague
Conference, Acts and Documents, iii, 770.)
[12] The French proposition was as follows: "Considering that, as
the law of nations still positively admits the legality of the
right of capture, applied to private enemy property at sea, it is
eminently desirable that, until a binding agreement is established
between states on the subject of suppression, the exercise of it be
subordinated to certain modifications.
"Considering, that it is necessary to the above point that,
conforming to the modern conception of war that it ought to be
directed against states and not against individuals, the right
of capturing private property apply only as a means of coercion
practiced by a state against a state;
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