owledge of it, in the party
supposed to have offended; and thirdly, some act of
violation, either by going in, or coming out with a cargo,
laden after the commencement of the blockade."

[Sidenote: First Rule of Blockade.]

I. There is no rule of law more established than this; that the Breach
of a Blockade subjects the property so employed to confiscation. Every
man knows it; the subjects of all states know it.

A lawful maritime blockade requires the actual presence of a
sufficient force stationed at the entrance of the port, sufficiently
near to prevent communication.

The blockade is to be considered legally existing, although the winds
may occasionally blow off the blockading squadron. It is an accidental
change which must take place in every blockade; but the blockade is
not therefore suspended.

This axiom is laid down in all books of authority; and the law
considers an attempt to take advantage of such an accidental removal
as an attempt to break the blockade, and a mere fraud.[185]

When a blockading squadron is driven off by a superior force, the
blockade is effectually raised, and it must be renewed by fresh
notification, before foreign nations can be affected by an obligation
to observe it as a blockade. The mere appearance of another squadron
will not renew it, but it must be restored by the measures required
for the original imposition of a blockade.[186]

[Sidenote: Second Rule of Blockade.]

It is necessary that the evidence of a blockade should be clear and
decisive. A blockade may exist without a public declaration; although
a declaration, unsupported by fact, will not be sufficient to
establish it. In the War of 1798, the West India Islands were declared
under blockade by Admiral Jervis; but the Lords of the Supreme Court
held, that as the fact did not support the declaration, a blockade
could not be deemed legally to exist. But the fact, on the contrary,
duly notified on the spot, is of itself sufficient; for public
notifications between governments are meant for the information of
individuals; but if the individual is _personally_ informed, that
purpose is better obtained than by a public declaration.[187]

Where the vessel sails from a country lying near enough to the
blockaded port to have constant information of the blockade, no notice
is necessary of its continuance or relaxation; but when the country is
at a distance beyond constant information, they may lawfully send