the laws of war 19
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,
and the Lieutenant and Judge of the said Court, his Surrogate or
Surrogates, as also the several Courts of Admiralty within Her
Majesty's dominions, which shall be duly commissionated to take
cognizance of, and judicially proceed upon, all and all manner of
captures, seizures, prizes, and reprisals of all ships, vessels, and
goods, that are or shall be taken, and to hear and determine the same;
and, according to the Courts of Admiralty and the Law of Nations, to
adjudge and condemn all such ships, vessels, and goods, as shall
belong to the Emperor of all the Russias or his subjects, or to any
others inhabiting within any of his countries, territories, or
dominions: and they are likewise to prepare and lay before Her
Majesty, at this Board, a Draft of such Instructions as may be proper
to be sent to the said several Courts of Admiralty in Her Majesty's
dominions, possessions, and colonies, for their guidance herein.
From the Court at Buckingham Palace, this twenty-ninth day of March,
one thousand eight hundred and fifty-four.
INDEX.
ADMIRALTY.
Droits of Admiralty, 6
AMBASSADORS, 85
ARMED NEUTRALITY, 92
AFFREIGHTMENT, 16
BILLS OF EXCHANGE.
Drawn during war, 14
BLOCKADES, 86
By whom Proclaimed, 86
Violation of, 87
First Rule of, 87
Second Rule, 87
Third Rule, 89
Simple Blockade, 88
Blockade in Fact, 88
Blockade with Notification, 88
Maritime Blockade not violated by Land Carriage, 90
CONTRACTS.
With Enemy, void, 12
Made before the war, 15
CARTEL, 20
Principles of Cartel, 33
CARGOES.
Distinguished from Ships, 30
CONDEMNATION.
Preliminary Proceedings, 44
CAPTORS.
Answerable for Damages, 68
When entitled to Freight, 74
CONVOYS, 91
CONTRABAND OF WAR, 76
Provisions, when Contraband, 77
Lord Stowell's Opinion, 78
Neutral Ships transporting Enemy's Forces, 83
Neutral Ships carrying Enemy's Despatches, 84
Penalty for Contraband Trade, 85
Further Penalties, 85
Return Voyage Free, 86
Articles of Contraband, 101
DECLARATION OF WAR, 2
Contents, 3
The Late Declarations, 101
When retroactive, 98
DEBTS.
Due to or from an Enemy, 7
DOMICILE.
Test of Nationality, 24
Test of Domicile, 25
In Eastern Countries, 27
EMBARGO.
Hostile, 6
Civil and Hostile, 97
ENEMY.
Alien Enemy cannot Sue in this Country, 9
Who is Enemy?, 21
Natural Enemies, 23
FUNDS.
Public, 5
FOREIGNERS.
Married in this Country, 22
FREE GOODS.
In Enemy's Ships, 73
Free Goods, Free Ships, 74
_See_ Rule of 1756.
FREIGHT.
Captor entitled to, 74
When he takes Goods to Port of Destination, 73
When Captor pays Freight, 74
HOSTILE CHARACTER.
Acquired by Trade, 27
HOSTILE PROPERTY.
Cannot be transferred _in transitu_, 30
INSURANCES, 12
LICENCES.
To Trade with Enemy, 54
Duties of Merchants using Licences, 55
What vessels may be employed under them, 56
The Cargo allowed, 57
Rules with respect thereto, 57
The Voyages permitted, 58
The time of the Licence, 59
Note, 60
MARINERS.
Their position in time of War, 23
NEUTRALITY.
Rights of Neutral Nations, 69
Qualified Neutrality, 69
Neutral territory protected, 70
Property of belligerents in Neutral territory, 71
Vessels chased into Neutral ports, 72
Violation of Neutrality, 72
Armed, 92
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