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)
DECLARATION.
Her Majesty, the Queen of the United Kingdom of Great Britain and
Ireland, having been compelled to take up arms in support of an Ally,
is desirous of rendering the war as little onerous as possible to the
powers with whom she remains at peace.
To preserve the commerce of neutrals from all unnecessary obstruction,
Her Majesty is willing, for the present, to waive a part of the
belligerent rights appertaining to Her by the Law of Nations.
It is impossible for Her Majesty to forego the exercise of her right
of seizing articles contraband of war,[206] and of preventing neutrals
from bearing the enemy's dispatches,[207] and she must maintain the
right of a belligerent to prevent neutrals from breaking any effective
blockade which may be established with an adequate force against the
enemy's forts, harbours, or coasts.[208]
But Her Majesty will waive the right of seizing enemy's property laden
on board a neutral vessel, unless it be contraband of war.[209]
It is not Her Majesty's intention to claim the confiscation of neutral
property, not being contraband of war, found on board enemy's
ships,[210] and Her Majesty further declares, that being anxious to
lessen as much as possible the evils of war, and to restrict its
operations to the regularly organized forces of the country, it is not
her present intention to issue letters of marque for the commissioning
of privateers.
Westminster, March 28, 1854.
THE FOURTH DECLARATION.
At the Court at Buckingham Palace, the 29th day of March, 1854,
Present, The Queen's Most Excellent Majesty in Council. Her Majesty
having determined to afford active assistance to Her Ally, His
Highness the Sultan of the Ottoman Empire, for the protection of his
dominions against the encroachments and unprovoked aggression of His
Imperial Majesty, the Emperor of all the Russias, Her Majesty,
therefore, is pleased, by and with the advice of Her Privy Council, to
order, and it is hereby ordered, that general reprisals[211] be
granted against the ships, vessels, and goods of the Emperor of all
the Russias, and of his subjects or others inhabiting within any of
his countries, territories, or dominions, _so that Her Majesty's
fleets and ships_ shall and may lawfully seize all ships, vessels, and
goods, belonging to the Emperor of all the Russias, or his subjects,
or others inhabiting within any of his countries, territories, or
dominions, and bring the same to judgment in such Courts of Admiralty
within Her Majesty's dominions, possessions, or colonies, as shall be
duly commissionated to take cognizance thereof. And to that end Her
Majesty's Advocate-General, with the Advocate of Her Majesty in Her
Office of Admiralty, are forthwith to prepare the draft of a
Commission, and present the same to Her Majesty at this Board,
authorizing the Commissioners for executing the office of Lord High
Admiral to will and require the High Court of Admiralty of England,
Public-domain text, read in full here on John Shaqi.
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