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)
There are two kinds of Blockade. 1. Simple Blockade, _i.e._ Blockade
in Fact; and 2nd., Blockade in Fact, accompanied by a Notification.
The first expires by the breaking up _intentionally_ of the blockading
squadron. The second, _prima facie_, does not expire until the repeal
of the notification, but it is the duty of the belligerent country
directly the blockade ceases, _de facto_, to revoke its proclamation.
And it would appear that a notified blockade would only expire, in
fact, after some unnecessary and long neglect to publish this
revocation; otherwise neutral nations are bound until such
publication.[190]
It has from time to time been stipulated, in treaties between
belligerent and neutral countries, (as in the case of the Treaty
between Great Britain and the United States, of 1794,) that vessels of
the neutral country should not be considered as having notice of a
blockade, until they have been duly and respectfully warned off; and
it would only be on a second attempt to enter port that they would be
liable to be seized. Under such a treaty a neutral vessel might
lawfully sail for a blockaded port, knowing it to be blockaded.[191]
[Sidenote: Third Rule of Blockade.]
An act of Violation is essential to a Breach of Blockade; such as,
either going in or coming out of the port with a cargo, laden after
the commencement of the blockade: or being found so near to the
blockaded port as to show, beyond a doubt, that the vessel was
endeavouring to run into it: or where the intention is expressly
avowed by the papers found on board.[192]
The time of shipment is very material; for although it may be hard to
refuse a Neutral, liberty to retire with a cargo already laden, and by
that act already become neutral property,--yet, after the commencement
of a blockade, a neutral cannot be allowed to interpose in any way to
assist the exportation of the property of the enemy. After the
commencement of a blockade, a Neutral is no longer at liberty to make
any purchase in that port.[193]
A _Maritime_ Blockade is not in law violated by bringing or sending
goods to the port through the internal canal navigation or land
carriage of the country; and thus such goods are not liable to
confiscation on ground of the blockade.
[Sidenote: Right of Search.]
On the great question of the Right of Search, the International Law
has been summed up by Lord Stowell, in the case of the _Maria_, where
the exercise of the right was attempted to be resisted, by the
interposition of a convoy of Swedish ships of war.[194]
First, the right of visiting and searching merchant ships on the high
seas, whatever be the ships, whatever be the cargoes, whatever be the
destinations, is the incontestible right of the lawfully commissioned
cruizers of a belligerent nation.
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