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)
Secondly, that the authority of the Sovran of the neutral country,
being interposed in any manner of mere force, cannot legally vary the
rights of a lawfully commissioned belligerent cruizer. It cannot be
maintained, that if a Swedish commissioned cruizer, during the wars of
his own country, has a right, by the Laws of Nations, to visit and
examine neutral ships, the King of England, (being Neutral to Sweden,)
is authorized by law to obstruct the exercise of that right with
respect to the merchants' ships of his country.
Thirdly, that the penalty for the violent contravention of this right,
is the confiscation of the property withheld from visitation and
search.
The judgment of condemnation, pronounced in this case, was followed by
the Treaty of Armed Neutrality entered into by the Baltic Powers to
resist the Right of Search, in 1800, which league was dissolved by the
death of the Emperor Paul, and the points in controversy between those
Powers and Great Britain were finally adjusted by the Convention of
5th of June, 1805.[195]
[Sidenote: Convoys.]
It now remains to say a few words on the subject of Convoy. Convoy is
a ship or ships of war appointed by the Government, or by the
Commander-in-Chief on a particular station, for the guard of merchant
vessels bound to their destination. A warranty that the vessel shall
sail with convoy, is very common in Policies of Insurance, and if not
complied with, the Insurance becomes absolutely void.
This warranty to sail with convoy, does not mean that the vessel shall
depart with convoy immediately from the lading port, but only from the
place of rendezvous appointed for vessels bound from that port, and
must be strictly and impartially maintained by force, to the uniform
universal exclusion of all vessels not privileged by law.[196]
From many ports, and among others from the port of London, no convoy
ever sails. It has therefore been held sufficient for a vessel bound
from London to sail with convoy from the _Downs_, and even from
_Spithead_, when there was no convoy appointed from the _Downs_.
Neither does it require the vessel to sail with convoy bound to the
precise place of her destination; but if the vessel sail with the only
convoy appointed for vessels going to her place of destination, it is
sufficient. It sometimes happens that the force first appointed, is to
accompany the ships only for a part of their voyage, and to be
succeeded by another; at other times a small force is detached from
the main body to bring up to a particular point; if a vessel sail
under the protection of a vessel thus appointed or detached, the
warranty is satisfied.
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