6. Desire to avoid the higher fees payable at another port. Duration of Liability of Vessels. 137. So long as the Blockade continues, the Vessel which has committed a Breach remains liable until she has completed her voyage from the Blockaded Port to her Port of Destination.2 What is her Port of Destination is a matter which has to be determined by the Commander of the Cruiser upon a consideration of all the circumstances. Usually the Port of Destination is that named in the Charter-party as the port for which the Vessel is bound, even though she may touch at any intermediate port for the purpose of loading or unloading, or under stress of weather. Penalty for Breach of Blockade. 138. The Penalty for Breach of the Blockade is the confiscation of the Vessel and in most cases of the Cargo also.3 Cessation of Blockade. 139. As soon as a Blockade ceases, from any cause, the Commander of the Squadron should take all necessary steps to make known the fact. 140. The moment the Blockade is raised, a Vessel ceases to be liable to capture for any previously-committed Breach of Blockade; though, if already captured, she is not to be released. ' Hurtige Hane, 2 C. Rob. 124. 1 Weelvaart van Pillau, 2 C. Rob. 128. General Hamilton, 6 C. Rob. 61. Randers Bye, cited in Chriestiansberg, 6 C. Rob. 382 n. Adonis, 5 C. Rob. 259. Panaghia Rhomba, 12 Moo. P.C. 168. [ CHAPTER IX. NEUTRAL VESSELS: ENEMY'S CLOSE TRADE. 141. Under what is known as the "Rule of the War of 1756," it was held, down to the early years of the present century, that Neutral Vessels were liable to Detention for engaging in a trade which in time of peace was closed to Vessels other than those of the Enemy State. The colonial and coasting trades, at one time customarily closed to foreign Vessels, are, however, now so generally open to the ships of all Nations, that the Rule in question has perhaps lost its practical importance. Its operation would also be interfered with by the second clause in the Declaration of Paris of 1856,1 to the effect that "the Neutral flag covers Enemy's goods, with the exception of Contraband of War." In any case, the Rule is not to be enforced by Commanders of British cruisers without special instructions. ] [ CHAPTER X. NEUTRAL VESSELS: CARRIAGE OF ENEMY'S GOODS. any 142. Previously to the war with Russia in 1854, it was the British practice to detain Neutral Vessel the cargo of which was Enemy property; but the right of so doing was waived during the war in question; and by the 1 V. infra, Appendix, No. V. 2 V. infra, Appendix, Nos. I., II. second clause of the Declaration of Paris of 1856,1 "the Neutral flag covers Enemy's goods, with the exception of Contraband of War." It must, however, be remembered that "this Declaration is not binding, except between those Powers who have acceded, or shall accede, to it ;" and that although most civilised States have acceded to the Declaration, the United States, Spain, Mexico, Venezuela, and Bolivia have not yet done so. In case therefore of a war, in which any of these last mentioned States should be Neutral, their Vessels could not, as of right, claim the benefit of the Declaration; nor in case of a war in which any of these States should be belligerent, could the Declaration be invoked in favour of the immunity of cargos belonging to their subjects on board Neutral Vessels.2 A Commander must, however, in no case detain a Neutral Vessel for carriage of Enemy's goods, not being contraband, without special instructions. ] 1 V. infra, Appendix, No. V. 2 See Dana's Note, No. 223, to Wheaton's Elements. But in 1860 the British and French Governments, in anticipation of a war with China (which has not signed the Declaration), announced that Chinese goods would be free under a Neutral flag. The British Order in Council recites that "Her Majesty is willing "to extend the benefits of the said Declaration of Paris to all Powers which may "be Neutral in the said hostilities." Hertslet, Commercial Treaties, xi. p. 110. [ CHAPTER XI. NEUTRAL VESSELS: BRITISH OR ALLIED GOODS. 143. Neutral Vessels carrying goods the property of British or Allied subjects engaged in trade with the Enemy are liable to detention, unless such trade has been expressly permitted. Such trade was, however, expressly permitted during the Crimean War, and a Commander must in no case detain a Neutral Vessel for carriage of British or Allied goods, not being contraband, without special instructions. CHAPTER XII. CAUSES FOR DETENTION APPLICABLE TO ANY VESSEL. 144. Certain circumstances occurring, or becoming known, in the course of Visit and Search, render any vessel liable to Detention, irrespectively of her Nationality, or of the trade in which she may be engaged. These are Resistance, whether by the Vessel or its Neutral Convoy; Sailing under Enemy Convoy ; and Deficiency of Papers. 'Charlotta, 1 Dods, 389. V. infra, Appendix, No. II. 44 CHAPTER XIII. CAUSES APPLICABLE TO ANY VESSEL RESISTANCE Resistance. 145. The Commander should detain any Vessel which forcibly resists Visit or Search. 1 146. A mere attempt at escape is, in itself, no ground for Detention, though the Commander will not be liable for injury which he may cause to the Vessel, or her Crew, in forcibly preventing her escape." 147. The Penalty for Resistance by the Master of a Neutral Vessel, is the confiscation of the Vessel and the Neutral cargo.3 Resistance by the Master of an Enemy's private ship does not forfeit a Neutral cargo, which will, however, be condemned if found on board an armed Ship of the Enemy.5 Resistance by Neutral Convoy. 148. Any resistance made by a Neutral Convoying Ship to the lawful Visit and Search of a Vessel under her escort, will justify the Detention both of the Convoying Ship and of all Vessels convoyed by her. 'Maria, 1 C. Rob. 340. See S. Juan Battista, 5 C. Rob. 35. Mentor, Edwards, 207. 'Maria, 1 C. Rob. 340. Franklin, 2 Acton, 106. 'Catherina Elizabeth, 5 C. Rob. 232. 5 Fanny, 1 Dods. 448. the cargo will be free. • Maria, 1 C. Rob. 340. In the United States it is held that even in this case Néréide, 9 Cranch, 441, diss. Story J. Elsebe, 5 C. Rob. 176. |