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)
Again, a National Character may be acquire by Trade, or, as it is
called, by _commercial domicile_. In general, the national character
of a person, as neutral or enemy, is determined by that of his
domicile; but the property of a person may acquire a hostile character
independently of his personal national character derived from personal
domicile. A person carrying on trade habitually in the country of the
enemy, though not personally resident there, should have time given
him to withdraw from that commerce; it would press too heavily on
neutrals to say, that immediately on the first breaking out of a war,
their goods should become subject to confiscation. But if a person
enters into a house of trade in the enemy's country, in time of war,
or continued that connexion during the war, he cannot protect himself
by mere residence in a neutral country. "It is a _doctrine_ supported
by strong principles and equity," says Sir William Scott, "_that there
is a traffic which stamps a National Character_ on the individual,
independent of _that Character_ which _mere personal residence_ may
give him."[70] The principle does not go to the extent of saying that
a man, having a house of trade in the enemy's country, as well as in a
neutral country, should be considered in his whole concerns as an
enemy's merchant, as well in those which respected solely his neutral
house, as in those which belong to his belligerent domicile.[71]
His lawful trade is exonerated from the operation of his unlawful
trade, in all cases, and under all phases. All trade that does not
originate from the belligerent country is protected, but not so, if it
can be traced so to arise in not too remote a degree.
The same protection however is not extended to the case of a merchant
residing in the hostile country, and having a share of a house of
trade in an enemy's country. Residence in a neutral country will not
protect his share in a house established in the enemy's country,
though residence in the enemy's country will condemn his share in a
house established in a neutral country.[72]
[Sidenote: Rule of 1756.]
The next mode in which a hostile character may be given to those not
naturally bearing it, is by dealing in those branches of commerce
which are confined in the time of peace to the subjects of the enemy:
_i.e._ the ships and cargoes of a Neutral engaged in the colonial or
coasting trade of the enemy (not open to foreigners in time of peace),
are liable to the penal consequences of confiscation. This point; was
first mooted in the war of 1756, and is called the rule of 1756.[73]
* * * * *
[Sidenote: National Character of Ships.]
Public-domain text, read in full here on John Shaqi.
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