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)
"entering or communicating with any port or place in the
possession or occupation of the enemy, will place the
English vessel in the position of an illegal trader, and
that the vessel will then be liable to the same penalties as
if this Order had not been published."
With respect to Contraband, it will have to be remembered that
contraband _to_ Russia will not be contraband to England, unless it is
despatches, treasonable letters, enemy's forces, secret agents or
spies. Neutral property on board an enemy's vessel is not generally
liable to seizure, unless on an "armed vessel of force;" but even
this, by the Order, seems to be protected. By the same Order, British
property on Russian vessels is _not_ protected. It is quite in the
option of neutrals, or British vessels, to break any Russian blockade.
The renunciations in these Orders are a waiver only of certain parts
of the Queen's belligerent rights, and in no way diminish the state of
war between England and Russia. Notwithstanding these Orders,
Russo-English partnerships are dissolved, contracts with the enemy
invalid, and even though a free trade is permitted, an Englishman
cannot draw a good bill on a Russian, and _vice-versâ_. All attempts
to communicate with the enemy are still illegal. The Queen has not
altered her belligerent rights, she merely declares that she will not
put them into motion; but that does not alter, nor can she of her own
authority alter, any part of the International Law, which also is a
part of our common law. These, Orders, therefore, give no power to the
enemy to sue or reside here, or to make a valid indorsement to any
British subject. Insurances will become legal on cargoes that by these
Orders may be imported.
(From the _Gazette_ of Tuesday.)
At the Court of Windsor, the 15th day of April, 1854, present the
Queen's Most Excellent Majesty in Council.
Whereas Her Majesty was graciously pleased, on the 28th day of March
last, to issue her Royal declaration on the following terms--
"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 rites 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, and of
preventing neutrals from bearing the enemy's despatches, 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.
Public-domain text, read in full here on John Shaqi.
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