FREE BOOKS

Author's List




PREV.   NEXT  
|<   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157  
158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   >>   >|  
ossession of information accurate, one may venture to hope, as far as it goes. Of the four inconveniences to which neutral trading vessels are liable in time of war, "blockade" may be left out of present consideration. You can only blockade the ports of your enemy, and the South African Republics have no port of their own. The three other inconveniences must, however, all be endured--viz. prohibition to carry "contraband," prohibition to engage in "enemy service," and liability to be "visited and searched" anywhere except within three miles of a neutral coast, in order that it may be ascertained whether they are disregarding either of these prohibitions, as to the meaning of which some explanation may not be superfluous. 1. "Carriage of contraband" implies (1) that the goods carried are fit for hostile use; (2) that they are on their way to a hostile destination. Each of these requirements has given rise to wide divergence of views and to a considerable literature. As to (1), while Continental opinion and practice favour a hard-and-fast list of contraband articles, comprising only such as are already suited, or can readily be adapted, for use in operations of war, English and American opinion and practice favour a longer list, and one capable of being from time to time extended to meet the special exigencies of the war. In such a list may figure even provisions, "under circumstances arising out of the particular situation of the war," especially if "going with a highly probable destination to military use"--Lord Stowell in the _Jonge Margaretha_ (1 Rob. 188); _cf._ Story, J., in the _Commercen_ (1 Wheat. 382), the date and purport of which are, by the by, incorrectly given by "S." It would be in accordance with our own previous practice and with Lord Granville's despatches during the war between France and China in 1885, if we treated flour as contraband only when ear-marked as destined for the use of enemy fleets, armies, or fortresses. Even in such cases our practice has been not to confiscate the cargo, but merely to exercise over it a right of "pre-emption," so as to deprive the enemy of its use without doing more injury than can be helped to neutral trade--as is explained by Lord Stowell in the _Haabet_ (2 Rob. 174). As to (2), the rule was expressed by Lord Stowell to be that "goods going to a neutral port cannot come under the description of contraband, all goods going there being equally lawful"--_Imina_ (3 R
PREV.   NEXT  
|<   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157  
158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   >>   >|  



Top keywords:
contraband
 

neutral

 

practice

 

Stowell

 
prohibition
 

opinion

 
favour
 

inconveniences

 
blockade
 
hostile

destination

 

accordance

 

Granville

 

despatches

 

previous

 
probable
 
military
 

Margaretha

 

highly

 
arising

situation

 

purport

 

incorrectly

 

Commercen

 

armies

 

helped

 

explained

 

Haabet

 
injury
 
deprive

lawful

 
equally
 

description

 

expressed

 

emption

 

marked

 

destined

 
fleets
 

treated

 
France

circumstances

 

fortresses

 

exercise

 
confiscate
 
engage
 

service

 

endured

 

liability

 

visited

 

ascertained