The Laws of War, Affecting Commerce and Shipping — John Shaqi
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)
"The character of the port is immaterial, since naval
stores, if they are to be considered as contraband, are so
without reference to the nature of the port, and equally,
whether bound to a mercantile port only, or to a port of
military equipment. The consequences of the supply may be
nearly the same in either case. If sent to a mercantile
port, they may be applied to immediate use in the equipment
of privateers, or they may be conveyed from the mercantile
to the naval port, and there become subservient to every
purpose to which they could have been applied if going
directly to a port of naval equipment."[171]
[Sidenote: Controversy between England and America on Contraband
Provisions.]
The doctrine of the English Admiralty Court, as to provisions becoming
contraband, was adopted by the Government in the instructions given to
their cruisers, on the 8th June, 1793, directing them to stop all
vessels laden wholly, or in part, with corn, flour, or meal, bound for
France, and to send them into a British port to be purchased by
Government; or to be released on condition that the master should.
give security to dispose of his cargo in the ports of some country in
amity with his Britannic Majesty. This was resisted by the Neutral
Powers, Sweden, Denmark, and especially the United States.
This order was justified upon the ground, that by the modern law of
nations, all provisions are to be considered as contraband, and as
such liable to confiscation, wherever depriving an enemy of these
supplies is one of the means intended to be employed for reducing him
to terms. The actual situation of France, (it was said,) was
notoriously such, as to lead to the employing this mode of distressing
her by the joint operations of the various powers engaged in the war;
and the reasonings of the text writers applying to all cases of this
sort were more applicable to the present case, in which the distress
resulted from the unusual mode of war adopted by the enemy himself, in
having armed almost the whole laboring class of the French nation, for
the purpose of commencing and supporting hostilities against almost
all European Governments; but this reasoning was most of all
applicable to a trade, which was in a great measure carried on by the
then actual rulers of France, and was no longer to be regarded as a
mercantile speculation of individuals, but as an immediate operation
of the very persons who had declared war, and were then carrying it on
against Great Britain.
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