various Rights and Privileges, within the Dominions of each of the aforesaid Sovereigns, protected by the Faith of Treaties between Us and each of the aforesaid Sovereigns: 'And whereas We, being desirous of preserving to Our Subjects the Blessings of Peace which they now happily enjoy, are firmly purposed and determined to maintain a strict and impartial Neutrality in the said State of War unhappily existing between the aforesaid Sovereigns: 'We, therefore, have thought fit, by and with the advice of Our Privy Council, to issue this Our Royal Proclamation: 'And We do hereby strictly charge and command all Our loving Subjects to govern themselves accordingly, and to observe a strict Neutrality in and during the aforesaid War, and to abstain from violating or contravening either the Laws and Statutes of the Realm in this Behalf, or the Law of Nations in relation thereto, as they will answer to the contrary at their Peril: 'And whereas in and by a certain Statute made and passed in a Session of Parliament holden in the 33rd and 34th Year of Our Reign, intituled "An Act to regulate the Conduct of her Majesty's Subjects during the Existence of Hostilities between Foreign States with which her Majesty is at Peace," it is, amongst other things, declared and enacted as follows:-[Quoting sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the Foreign Enlistment Act.] 'And whereas by the said Act it is further provided that Ships built, commissioned, equipped, or despatched in contravention of the said Act, may be condemned and forfeited by Judgment of the Court of Admiralty; and that if the Secretary of State or Chief Executive Authority is satisfied that there is a reasonable and probable cause for believing that a Ship within Our Dominions has been or is being built, commissioned, or equipped, contrary to the said Act, and is about to be taken beyond the Limits of such Dominions, or that a Ship is about to be despatched contrary to the Act, such Secretary of State, or Chief Executive Authority, shall have Power to issue a Warrant authorising the Seizure and Search of such Ship and her Detention until she has been either condemned or released by process of Law: And whereas certain Powers of Seizure and Detention are conferred by the said Act on certain Local Authorities : 'Now, in order that none of Our Subjects may unwarily render themselves liable to the Penalties imposed by the said Statute, We do hereby strictly command, that no Person or Persons whatsoever do commit any Act, Matter, or Thing whatsoever contrary to the Provisions of the said Statute, upon Pain of the several Penalties by the said Statute imposed, and of Our high displeasure. 'And We do hereby further warn and admonish all Our loving Subjects, and all Persons whatsoever entitled to Our Protection, to observe towards each of the aforesaid Sovereigns, their Subjects and Territories, and towards all Belligerents whatsoever with whom We are at Peace, the Duties of Neutrality; and to respect, in all and each of them, the Exercise of those Belligerent Rights which We and Our Royal Predecessors have always claimed to exercise. 'And We hereby further warn all Our loving Subjects, and all Persons whatsoever entitled to Our Protection, that if any of them shall presume, in contempt of this Our Royal Proclamation, and of Our high Displeasure, to do any Acts in derogation of their Duty as Subjects of a Neutral Sovereign in a War between other Sovereigns, or in violation or contravention of the Law of Nations in that Behalf, as more especially by breaking, or endeavouring to break, any Blockade lawfully and actually established by or on behalf of either of the said Sovereigns, or by carrying Officers, Soldiers, Despatches, Arms Ammunition, Military Stores or Materials, or any Article or Articles considered and deemed to be Contraband of War according to the Law or Modern Usages of Nations, for the Use or Service of either of the said Sovereigns, that all Persons so offending, together with their Ships and Goods, will rightfully incur and be justly liable to hostile Capture, and to the Penalties denounced by the Law of Nations in that Behalf. 'And We do hereby give Notice that all Our Subjects and Persons entitled to Our Protection who may misconduct themselves in the Premises will do so at their Peril, and of their own Wrong; and that they will in nowise obtain any Protection from Us against such Capture, or such Penalties as aforesaid, but will, on the contrary, incur Our high Displeasure by such Misconduct. 'Given at Our Court at Windsor, this Thirtieth Day of April, in the year of Our Lord One thousand eight hundred and seventyseven, in the Fortieth Year of Our Reign. 'GOD SAVE THE QUEEN.' On the same date the following letter was addressed by the Earl of Derby to the Treasury, the Home Office, the Colonial Office, the War Office, the Admiralty, and the India Office : 'Foreign Office: 'HER Majesty being fully determined to observe the duties of neutrality during the existing state of war between the Emperor of all the Russias and the Emperor of the Ottomans, and being moreover resolved to prevent, as far as possible, the use of her Majesty's harbours, ports, and coasts, and the waters within her Majesty's territorial jurisdiction, in aid of the warlike purposes of either belligerent, has commanded me to communicate to you, for your guidance, the following rules, which are to be treated and enforced as her Majesty's orders and directions: 'Her Majesty is pleased further to command that these rules shall be put in force in the United Kingdom, the Isle of Man, and the Channel Islands, on and after the 5th of May instant, and in her Majesty's territories and possessions beyond the seas, six days after the day when the Governor, or other chief authority of each of such territories or possessions respectively, shall have notified and pub lished the same; stating in such notification that the said rules are to be obeyed by all persons within the same territories and possessions. 1. During the continuance of the present state of war, all ships of war of either belligerent are prohibited from making use of any port or roadstead in the United Kingdom, the Isle of Man, or the Channel Islands, or in any of her Majesty's Colonies or foreign possessions or dependencies, or of any waters subject to the territorial jurisdiction of the British Crown, as a station, or place of resort, for any warlike purpose, or for the purpose of obtaining any facilities of warlike equipment; and no ship of war of either belligerent shall hereafter be permitted to sail out of or leave any port, roadstead, or waters subject to British jurisdiction, from which any vessel of the other belligerent (whether the same shall be a ship of war or a merchant ship) shall have previously departed, until after the expiration of, at least, twenty-four hours from the departure of such last-mentioned vessel beyond the territorial jurisdiction of her Majesty. 2. If any ship of war of either belligerent shall, after the time when this Order shall be first notified and put in force in the United Kingdom, the Isle of Man, and the Channel Islands, and in the several Colonies and foreign possessions and dependencies of her Majesty respectively, enter any port, roadstead, or waters belonging to her Majesty, either in the United Kingdom, the Isle of Man, or the Channel Islands, or in any of her Majesty's Colonies or foreign possessions or dependencies, such vessel shall be required to depart and to put to sea within twenty-four hours after her entrance into such port, roadstead, or waters, except in case of stress of weather, or of her requiring provisions or things necessary for the subsistence of her crew, or repairs; in either of which cases the authorities of the port, or of the nearest port (as the case may be), shall require her to put to sea as soon as possible after the expiration of such period of twenty-four hours, without permitting her to take in supplies beyond what may be necessary for her immediate use; and no such vessel which may have been allowed to remain within British waters for the purpose of repair shall continue in any such port, roadstead, or waters, for a longer period than twenty-four hours after her necessary repairs shall have been completed. Provided, nevertheless, that in all cases in which there shall be any vessel (whether ships of war or merchant ships) of the said belligerent parties in the same port, roadstead, or waters within the territorial jurisdiction of her Majesty, there shall be an interval of not less than twenty-four hours between the departure therefrom of any such vessel (whether a ship of war or merchant ship) of the one belligerent, and the subsequent departure therefrom of any ship of war of the other belligerent; and the time hereby limited for the departure of such ships of war respectively shall always, in case of necessity, be extended so far as may be requisite for giving effect to this proviso, but no further or otherwise. 3 3. No ship of war of either belligerent shall hereafter be permitted, while in any port, roadstead, or waters subject to the territorial jurisdiction of her Majesty, to take in any supplies, except provisions and such other things as may be requisite for the subsistence of her crew, and except so much coal only as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer destination, and no coal shall again be supplied to any such ship of war in the same or any other port, roadstead, or waters subject to the territorial jurisdiction of her Majesty, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within British waters as aforesaid. '4. Armed ships of either party are interdicted from carrying prizes It is evident that if there are prisoners of war on board the ship, they would not become free by the fact of the ship being in neutral waters. If they landed, it is submitted that they would become free. 2 On the termination of the civil war in the United States in 1865 vessels of war under the Confederate flag were refused permission to enter British waters, or if already there were ordered to leave at once; the benefit of the twenty-four hours rule being nevertheless maintained in their favour. Any such vessel, however, which divested herself of her warlike character and the Confederate flag, and disarmed, was allowed to remain in British waters at her own risk, and without any protection save such as she might be entitled to in time of peace; and the twentyfour hours rule was not applicable to her. There appears to be no prohibition against such coals and other provisions (in case of the usual means failing) being supplied from British or foreign ships of war, if the commanders of such vessels permit the same to be done. This is, of course, with the exception of the pressure of some necessity, such as stress of weather. The letter does not appear to authorise the detention of f brought into port, but their entry being interdicted they should, except pr made by them into the ports, harbours, roadsteads, or waters of the United Kingdom, the Isle of Man, the Channel Islands, or any of her Majesty's Colonies or possessions abroad. 'I have, &c., (Signed) DERBY.' under the above exception, be immediately ordered to quit, and, if necessary, compelled to do so by force. In the case of doubt arising whether a vessel brought into British waters be really a prize or not, the British authorities should require the production of the vessel's papers, and if this enquiry should prove the vessel to be an uncondemned prize brought into British waters in violation of H.M.'s orders, the prohibition of the exercise of any further control over her by the captors, and the retention of the vessel by the British authorities until reclaimed by her original owners, appears to be the proper course, although not warranted by this letter. But it should be remembered that if a prize has been actually and bonâ fide converted into, and used as, a public vessel of war, it will cease to be a 'prize' within the meaning of this letter. If the prize has been captured by any violation of British territorial waters, the prize should not be suffered to depart, but should be detained. All cargo on board a prize should be treated as part of the prize, unless such cargo had been previously disposed of to neutrals, and by them brought within British jurisdiction. No intercourse with a place besieged or block aded CHAPTER XXV LAW OF SIEGES AND BLOCKADES 1. Interdiction of intercourse with places besieged or blockaded— 2. Authority to institute sieges and blockades-3. Distinction between them-4. Actual presence of an adequate blockading force -5. Temporary absence produced by accident-6. Constructive or paper blockades-7. Use of steam-8. Course of England and France in the wars of Napoleon-9. De facto blockades—10. Public blockades 11. If blockading vessels be driven away by superior force-12. If removed for other duty--13. If blockade be irregularly maintained-14. A maritime blockade does not affect interior communications-15. Effect of a siege upon communications by sea-16. Breach of blockade a criminal act--17. Public notification charges parties with knowledge-18. What constitutes a public notification-19. Effect of general notoriety-20. Cases which preclude a denial of knowledge-21. When presumption of knowledge may be rebutted-22. Proof of actual knowledge or warning— 23. An attempt to enter-24. Inception of voyage-25. Exception in case of distant voyages-26. In case of de facto blockades27. Where presumption of intention cannot be repelled-28. Neutral vessel entering in ballast-29. Declarations of master-30. Delay in obeying warning-31. Disregard of warning-32. When ingress is excused-33. Violation of blockade by egress-34. When egress is allowed-35.. Penalty of breach of blockade--36. When cargo is excepted from condemnation-37. Duration of offence - 38. Insurance, how affected by violation of a blockade-39. Hautefeuille's theory of the law of blockades. 1 §1. THE same law which confers upon belligerents the right to capture and destroy each other's property imposes upon neutrals the obligation not to interfere with the proper exercise of this right. Although, as a general rule, neutrals may continue their accustomed trade and intercourse with either or both of the parties to a war, there are, as already 1 According to the Courts of the United States, to create the right of blockade and other belligerent rights, as against neutrals, it is not necessary that the party claiming them should be at war with a separate and independent power. The parties to a civil war are in the same predicament as two nations who engage in a contest and have recourse to arms. See Prize Cases determined in the Supreme Court of the United States, 1862; 2 Black, 635. (The 'Brilliante' v. United States, 1 Am. Law Rep., N.S., 334.) |