The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
Foreign ladies, who have married Englishmen, are, by their marriage,
naturalized, and have all the rights, privileges, and duties, of
natural-born subjects, and cease to be enemies.[63]
* * * * *
[Sidenote: Enemies by Hostility.]
A hostile character may be acquired by alien friends, by acts of
actual hostility, and by alien friends and our fellow-subjects also,
by what are termed personal and commercial domicile. Of course a
British subject in actual hostility to his native country is more than
enemy, he is a traitor, and has no belligerent rights; but an alien
friend, that is a neutral engaging in war against this country, under
the commission of a foreign prince, and in the ranks of a hostile
army, or on board a legally commissioned enemy's vessel, is an enemy,
and has all the rights of a prisoner of war, if taken.
* * * * *
[Sidenote: Mariners.]
A Mariner, by a general rule, takes the character of the country in
whose service he is employed, and even fugitive visits to the place of
his birth will not entitle him to retain the benefit of a neutral
character, in opposition to a regular course of employment in the
enemy's country and trade; nor does the fact of his wife and family
residing in his own country enable him to retain his native
character.[64]
* * * * *
[Sidenote: Domicile, Test of Nationality.]
With the exception of these special cases, in a state of war, Domicile
is the Test of Nationality. According to Grotius,
"By the Law of Nations all the subjects of the offending
state, who are such from a _permanent_ cause, whether
natives _or emigrants from another country_, are liable to
reprisals; but not so those who are only travelling or
sojourning for a little."
And he even holds that the right of killing and doing bodily harm to
enemies extends "not only to those who bear arms, or are subjects of
the author of the war, but to _all_ those who are found in the enemy's
territory;" meaning all those found domiciled or adhering to the
enemy.
If, then, a native of England resides in a belligerent country, his
property is liable to capture as enemy's property; and if he resides
in a neutral country, he enjoys all the privileges, and is subject to
all the inconveniences of the neutral trade.[65]
He takes all the advantages and disadvantages of the country of his
adoption; with the limitation, that he must do nothing inconsistent
with his native allegiance;[66] as, for example, if he emigrate to a
neutral country _during the time of war_, he will not be permitted to
acquire the character of a neutral merchant, and trade with the enemy
in that character, it being his duty to injure the enemy to the full
extent of his power.[67]
* * * * *
[Sidenote: Test of Domicile.]
Public-domain text, read in full here on John Shaqi.
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