85. The Penalty for carrying Contraband Goods with Simulated Papers, or in disregard of express stipulations by Treaty, is confiscation not only of the Contraband Goods, but also of the Vessel, and any interest which her Owner has in the rest of the Cargo.

Contraband Vessels.

86. A Neutral Vessel is herself Contraband, and should therefore be detained, if she is fitted as a Vessel of War, and is going for sale to a Hostile destination.3

Penalty.

87. A Vessel which herself is Contraband is liable to be confiscated, together with such part of her Cargo as belongs to her Owner.1

CHAPTER VII.

NEUTRAL VESSELS: ACTING IN THE SERVICE OF
THE ENEMY."

Acting as a Transport.

88. A Commander should detain any Neutral Vessel which is being actually used as a Transport for the carriage of soldiers or sailors by the Enemy.

1 Franklin, 3 C. Rob. 221. Edward. 4 C. Rob. 68. Richmond, 5 C. Rob. 325. Ranger, 6 C. Rob. 126.

2 Neutralitet, 3 C. Rob. 295.

3 Richmond, 5 C. Rob. 325. Brutus, 5 C. Rob. 331, n. Additional Notes to Appendix No. 1.

+ Richmond, 5 C. Rob. 325.

5 Vessels engaged in the carriage for the Enemy of military persons or despatches, have sometimes been described as engaged in the carriage of "Contraband." See the note to Friendship, 6 Rob. 420. It is conceived that this use of the term is misleading.

6

Carolina, 4 C. Rob. 256. Friendship, 6 C. Rob. 420. Rebecca, 2 Acton, 119. Commercen, 1 Wheaton, 382.

89. The Vessel should be detained, although she may have on board only a small number of Enemy Officers; or even of Civil Officials sent out on the public service of the Enemy, and at the public expense.1

90. The carriage of Ambassadors from the Enemy to a Neutral State, or from a Neutral State to the Enemy, is not forbidden to a Neutral Vessel, for the detention of which such carriage is therefore no cause.

Excuses to be disregarded.

91. It will be no excuse for carrying Enemy Military Persons that the Master is ignorant of their character.2

92. It will be no excuse that he was compelled to carry such Persons by Duress of the Enemy.3

Liability of Vessel: when it begins, when it ends. 93. A Vessel which carries Enemy Military Persons becomes liable to Detention from the moment of quitting Port with the Persons on board, and continues to be so liable until she has deposited them. After depositing them the Vessel ceases to be liable.

Persons not to be removed.

94. The Commander will not be justified in taking out of a Vessel any Enemy Persons he may have found on board, and then allowing the Vessel to proceed; his duty is to detain the Vessel and send her in for Adjudication, together with the Persons on board.

Penalty.

95. The Penalty for carrying Enemy Military Persons is the confiscation of the Vessel and of such part of the Cargo as belongs to her Owner.4

1 Orozembo, 6 C. Rob. 430.

2 Orozembo, 6 C. Rob. 430.

3 Carolina, 4 C. Rob. 256.

Friendship, 6 C. Rob. 420. Cf.
Atalanta, 6 C. Rob. 440.

Carrying Enemy's Despatches.

96. A Commander should detain any Neutral Vessel which has on board Enemy's Despatches.1

97. By the term "Enemy's Despatches" are meant any Official Communications, important or unimportant, between Officers, whether Military or Civil, in the service of the Enemy on the public affairs of their Government.2

98. But to this rule there is one exception, namely:Official communications between the Enemy's home Government and the Enemy's Ambassador or Consul resident in a Neutral State.3 Such communications are permissible on the presumption that they concern the affairs of the Neutral State, and therefore are of a pacific character.

99. Official

communications between the

Enemy

and Neutral Foreign Governments are under no circumstances ground for Detention.1

Excuses to be disregarded.

100. It will be no excuse for carrying Despatches that the Master is ignorant of their character.5

101. It will be no excuse that he was compelled to carry the Despatches by Duress of the Enemy.

102. The Mail-bags carried by Mail Steamers will not, in the absence of Special Instructions, be exempt from search for Enemy Despatches.

1 Constantia, 6 C. Rob. 461 n. Susan, 6 C. Rob. 461 n. Hope, 6 C. Rob. 463 n. Rapid, Edwards, 228.

Liability of Vessel: when it begins, when it ends.

103. A Vessel which carries Enemy's Despatches becomes liable to Detention from the moment of quitting port with the Despatches on board, and continues to be so liable until she has deposited them. After depositing them the Vessel ceases to be liable.

Enemy's Despatches not to be removed.

104. The Commander will not be justified in taking out of a Vessel any Enemy's Despatches he may have found on board, and then allowing the Vessel to proceed; his duty is to detain the Vessel and send her in for Adjudication, together with the Despatches on board.

Penalty.

105. The Penalty for carrying Enemy's Despatches is the Confiscation of the Vessel and such part of the Cargo as belongs to her Owner.1

1 Atalanta 6 C. Rob 440. But see Susan and Hope, notes to Caroline, 6 C. Rob. 461. 463.

CHAPTER VIII.

NEUTRAL VESSELS: BLOCKADE.

106. The Commander should detain any Vessel, though Neutral, which is engaged in Breach of Blockade.

107. For a Breach of Blockade it is requisite1 :

(1.) That a valid Blockade is in existence (See §§ 107-113.)

(2.) That the Vessel visited is affected with Notice of the Blockade. (See §§ 114–128.)

(3.) That the Vessel visited has attempted to break the Blockade (See §§ 129-136.)

Valid Blockade.

108. A Blockade to be valid must be confined to ports and coasts of the Enemy, but it may be instituted of one port, or of several ports, or of the whole seaboard of the Enemy.

109. It may be instituted to prevent ingress only ("Blockade inwards,"), or egress only ("Blockade outwards"), though it is generally instituted to prevent both ingress and egress.

110. A Blockade to be valid must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the Enemy, or, at any rate, to create evident danger to ships attempting ingress or egress.5

1 Betsey, 1 Rob. 92a.

2 Francisca, Spinks, 111.

3 Gerasimo, 11 Moore, P.C. 115.

'Declaration of Paris, of 1856, printed in extenso in the Appendix, No. V. • See Lord Russell's despatch o Lord Lyons, 15th February, 1862.