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)
But this warranty requires not only that the vessel shall sail under
the protection of the convoy, but also that she shall continue during
its course under the same protection, unless prevented from so doing
by tempest or other unavoidable accident, in which case, the master
and owners will be excused, if the master does all that is in his
power to keep with the convoy.
The merchantman must, before sailing, obtain or endeavour to obtain,
the sailing orders issued by the convoying squadron. The value of a
convoy appointed by Government arises in a great degree from its
taking the ships under control, as well as under protection; but this
control cannot be exercised except by means of sailing orders.
Otherwise, the master could not learn the rendezvous in case of
dispersion by a storm, or obey signals in case of attack.
The obligation to sail with convoy does not depend merely on special
agreement; but, by act of parliament, a merchant cannot sail without a
convoy, on a _foreign_ voyage, unless previously licensed to do
so.[197]
SECTION IV.
[Sidenote: _Armed Neutralities_.]
It is not improbable the course of events in the present war may make
it not uninteresting to my readers to have some short account of the
origin and meaning of _Armed Neutralities_, especially as the
principles on which they were founded may again be open to discussion.
The right to take enemy's property on board neutral vessels has, in
the present war, been waived by the Queen, in a declaration, dated
Buckingham Palace, March 29th 1854. This is however tempered by a
reservation of the right to search for contraband. Up to the present
time the right to take enemy's goods on board a neutral vessel has in
this country been steadily maintained; though in France it has been
fluctuating; the interests of another commercial power became the
origin of the extraordinary confederacies termed _Armed Neutralities_.
At an early period it was an object of interest with Holland, a great
commercial and navigating country, whose permanent policy was
essentially pacific, to obtain a relaxation of the severe rules which
had previously been observed in maritime warfare. The States General
of the United Provinces having complained of the provisions in the
French Ordinance of 1538, a treaty of commerce was concluded between
France and the Republic in 1646, by which the law, as far as respected
the capture and confiscation of neutral vessels for carrying enemy's
property, was suspended; but it was found impossible to obtain, at
that time, any relaxation as to the liability to capture of enemy's
property in neutral vessels.
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