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place himself in the vicinity of a blockaded port, if his situation be so near that he may, with impunity, break the blockade whenever he pleases, and slip in without obstruction.

31. Is the fact of clearing out, or sailing for a blockaded port, in itself innocent ?—149.

It is, unless it be accompanied with knowledge of the blockade.

35. How is the fact regarded, if accompanied with such knowledge ?-149.

By the law of the English prize courts, sailing for a blockaded port, knowing it to be blockaded, is, in itself, an attempt, and an act sufficient to charge the party with a breach of the blockade, without reference to the distance between the port of departure and the port invested, or the extent of the voyage performed when the vessel was arrested. The Supreme Court has coincided essentially with this doctrine.

36. What is the consequence of a breach of blockade ?—151.

The confiscation of the ship; and the cargo is always, prima facie, implicated in the guilt of the owner or master of the ship; and it lays with them to remove the presumption that the vessel was going in for the benefit of the cargo, and with the direction of the owner.

37. If a ship has contracted guilt by a breach of blockade, when is the offense discharged ?—151.

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Not until the end of the voyage. The penalty never travels on with the vessel, further than to the end of the return voyage; and if she is taken in any part of that voyage, she is taken in delicto. The penalty for a breach of blockade is also held to be remitted, if the blockade has been raised before the capture. The delictum is completely done away when the blockade ceases.

38. Is the conveyance of hostile dispatches among the acts of illegal assistance to a belligerent ?-152.

It is, and deemed to be most injurious and of a hostile and noxious character.

39. What is the appropriate remedy for this offense ?-152.

The confiscation of the ship; and if any privity subsists between the owners of the cargo and the master, they are involved by implication in his delinquency. If the cargo be the property of the proprietor of the ship, then, by the general rule, ob continentiam delicti, the cargo shares the same fate; and, especially, if there be an active interposition in the service of the enemy, concerted and continued in fraud.

40. What distinction is made between carrying dispatches of the enemy between different parts of his dominions, and carrying dis patches of an ambassador from a neutral country to his own sovereign ?-152, 153.

The effect of the former dispatches is presumed to be hostile; but the neutral country has a right to preserve its relations with the enemy, and it does not necessarily follow that communications of the latter sort are of a hostile nature.

41. Why has the law of nations armed belligerents with the rights of visitation and search at sea ?—153.

In order to enforce the rights of belligerent nations against the delinquencies of neutrals, and to ascertain the real, as well as assumed character of all vessels upon the high seas.

42. Upon what is the right founded?-153.

It is founded upon necessity, and is strictly and exclusively a war right, and does not rightfully exist in time of peace unless conceded by treaty.

43. What if, upon making the search, the vessel be found employed in contraband trade, or in carrying enemy's property, or troops, or dispatches ?-153.

She is liable to be taken and brought in for adjudication before a prize court.

44. What is the penalty for the violent contravention of this right ?-154.

The confiscation of the property so withheld from visitation, and the infliction of this penalty is conformable to the settled practice of nations, as well as to the principles of the municipal jurisprudence of most countries in Europe.

45. Are England and the United States agreed as to this right of visitation and search ?-155.

They are. The doctrine of the English admiralty on the right of visitation and search, and on the limitation of the right, has been recognized, in its fullest extent, by the courts of justice in this country.

46. What is the penalty for resistance of search?—15.

Confiscation to all vessels, without any discrimination as to the national character of the vessel or cargo, and without separating the fate of the cargo from that of the ship.

47. Does the right of search apply to public ships of war?—155.

It does not. Their immunity from the exercise of any civil or criminal jurisdiction, but that of the sovereign power to which they belong, is uniformly asserted, claimed and conceded.

48. May the exercise of the right of search involve the cruiser in a trespass ?-156.

The mere exercise of the right involves the cruiser in no trespass, for it is strictly lawful; but if he proceeds to capture the vessel as prize, and sends her in for adjudication, and there be no probable cause, he is responsible. It is not the search, but the subsequent capture, which is treated in such a case as a tortious act.

49. When is a rescue unlawful?—157.

When effected by the crew after capture, and when the captors are in actual possession.

50. Should the neutral vessel be furnished with documentary evidence. of her neutral character?-157.

The neutral is bound, not only to submit to search, but to have his vessel duly furnished with the genuine documents requisite to support her neutral character.

51. What are the most material of these documents ?—157.

The register, passport or sea-letter, muster-roll, log-book, charter-party, invoice and bill of lading.

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52. What effect has the concealment of the papers material for the preservation of the neutral character?-157.

It justifies a capture, and carrying into port for adjudication, though it does not absolutely require a condemnation.

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53. What effect has the spoliatio of such papers ?—157, 158.

Their spoliation is a still more aggravated and inflamed circumstance of suspicion. The fact may exclude further proof, and be sufficient to infer guilt; but it does not, in England, as it does by the maritime laws of other countries, create an absolute presumption juris et de jure. The Supreme Court has followed the less rigorous English rule, and held that the spoliation of papers was not, of itself, sufficient ground for condemnation, and that it was a circumstance open for explanation.

LECTURE VIII.

OF TRUCES, PASSPORTS, AND TREATIES OF PEACE.

1. What is a truce?-159.

A suspension of arms.

2. What effect has it ?-159.

It does not terminate the war, but it is one of the commercia belli, which suspends its operations.

3. How is a particular distinguished from a general truce ?-159. A particular truce is only a partial cessation of hostilities, as between a town and an army besieging it. But a general truce applies to the operations of the war, and, if it be for a long or indefinite period of time, it amounts to a temporary peace, which leaves the state of the contending parties, and the questions between them, in the same situation as it found them.

4. By whom is a truce made ?-159.

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A partial truce may be made by a subordinate commander, and it is a power necessarily implied in the nature of his trust; but it is requisite to a general truce, or suspension of hostilities throughout the nation, or for a great length of time, that it be made by the sovereign of the country, or by his special authority.

5. What is the general principle on the subject?-159, 160.

If a commander makes a compact with the enemy, and it be of such a nature, that the power to make it be reasonably implied from the nature of the trust, it will be valid and binding though he abuse his trust.

6. From what time does a truce bind the contracting parties?

-160.

From the time it is concluded; but it does not bind the individuals of the nation, so as to render them personally responsible for a breach of it, until they have had actual or constructive notice of it.

7. What effect has a truce?-160.

It only temporarily stays hostilities; and each party to it may do whatever he may have a right to do in time of peace. He may continue active preparations for war, by repairing fortifications, levying and disciplining troops, and collecting provisions and articles of war, within his own territories.

8. How is it in the case of a truce between the governor of a fortified town and the army besieging it ?—160, 161.

He may do whatever, under all the circumstances, would be deemed compatible with good faith and the spirit of the agree ment; but he is justly restrained from doing what would be difrectly injurious to the enemy, and could not safely be done in the midst of hostilities. Neither party is at liberty to continue works constructed either for attack or defense, and which could not safely be done if hostilities had continued; for this would be to make a mischievous and fraudulent use of the cessation of arms. All things should remain as they were in the places contested, and of which the possession was disputed at the moment of the conclusion of the truce.

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