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that the claim to take the enemy's cargo could not be sustained, and is denounced in effect by that declaration of Paris to which we have last referred. Had it been sustainable the Trent was liable to arrest, and the Confederate emissaries on board her were properly prisoners of war. The unfortunate precedents of England induced her to rely on a technicality, instead of protesting against an outrageous insult to her sovereignty, and a glaring violation of neutral rights.

1499. All neutral commerce is innocent, except in contraband of war.

SECTION 7. Blockade.

1500. The neutral is entitled to carry on with each belligerent without interruption all commerce, except in contraband of war; and is entitled to enter every port of each belligerent, who will admit him, without the interference of the adversary.

1501. This right, like the dealing in contraband, is subject only to one restriction, its conflict with the belligerent's right of self-defence. The right of self-defence does not rest in mere resistance, it extends to the disabling of the antagonist, even by destruction, and, among nations, to the subduing of all the forces and fortresses of the foe. While the belligerent's army is employed in besieging a city, he is entitled to prohibit all access by land; while his fleet is employed in reducing a port, he is entitled to prohibit all access by the water; while besieging the port by land, and blockading it by sea, he is entitled to prohibit access in either direction: but these are the limits of his belligerent rights. He has no right to prohibit the entrance of neutral commerce into any port which he is not endeavouring to master by a sea-siege. A lawful blockade is not for the purpose of shutting out commerce, but of capturing the town; when directed to its legitimate object, it may incidentally exclude every ship, from the pleasure-boat and fishing

craft to the neutral man-of-war. The exclusion of shipping and their cargoes is the incident, and not the lawful purpose of blockade. As well might he cover the sea with his cruisers, or stop all the narrow inlets of trade. He cannot challenge the innocent cargo on the ocean, he cannot seize it in the strait; can he entitle himself to seize it by gathering his cruisers in the offing, and proclaiming a blockade? They are still only cruisers; they are not engaged in the military operation of a siege; they are entitled only to intercept, in that as in any other station, contraband of war. Before a blockade is effective to exclude commerce, we must inquire whether it is directed against, and effective to endanger, the port. See Westlake. And see Macqueen. 1502. The evil example set by the English Orders in Council, and the Berlin and Milan decrees of Napoleon (1805-1807), and the extravagant pretensions of belligerents asserted in the war of desperation during which they were issued (Spes and Irene), have left erroneous impressions as to the legitimate objects and purposes of blockade. The blockade of the Confederate ports, to which the European Powers, bound, as they imagine, by their own bad precedents, have so ignominiously submitted, was founded not on the siege of the forts or fortresses, but on the incapacity of the Washington Government to collect the customs there.

1503. It is at least established by the declaration of Paris that "blockades, in order to be binding, must be effective."

1504. Assuming that this does not require that the blockade be efficient to endanger the place, it must nevertheless be constantly efficient to exclude ingress and egress of ships. It cannot be constituted except by the continued presence of a naval force, sufficient to prevent communication without evident danger of capture. (Frederick Molke. Arthur.) It is a matter of fact (Betsy); unless it exist in sufficient vigour, it is not instituted by proclamation.

1505. The first requisite is that the force should be suf

ficient. This does not imply sufficiency to capture in hostile encounter any number of ships which might attempt to break the blockade, far less sufficiency to repel a relieving force of the beleagured belligerent or his allies; but it must be a military force capable of reducing ordinary armed merchant vessels to submission.

1506. When a blockade has been recognized by his government the neutral must regard it as sufficient, so long as it is maintained by a force equal, or nearly equal, to that by which it was instituted.

1507. The blockading force must be sufficient of itself, its adequacy must not depend upon the occasional presence of ancillary vessels; but it is not essential that it should at all times consist of the same ships.

1508. Its sufficiency involves its being so near, and so disposed, as to exclude from access except by accident or stealth. Its disposition has been spoken of as an arc about the entrance of the port, but that is quite immaterial; it must be stationed or hovering so near, and so disposed, as to make the danger of entering the blockaded place manifest.

1509. Cruisers on the coast, or shallops lying in ambush, do not constitute a blockade.

1510. In one case, the prize court declared the opinion of the Admiral to be of" great, perhaps predominating, weight," on the question of sufficiency of the blockading force. (Francisca.) On a subsequent occasion it seemed to hesitate, as well it might, in this estimate of evidence.

1511. Accidental absence of a blockading force, as during a storm, is not a discontinuance of a blockade; but it ceases unless the squadron return as soon as the storm has subsided.

1512. We have asserted that the proper criterion of the efficiency of a blockade is danger to the place invested; were that rule admitted, a somewhat more accurate notion might be formed as to the force requisite, and the position it should оссиру, to constitute a lawful blockade; unless dan

ger to the place be an essential, it is difficult to find any measure for either the force or the vicinity of its station. As the neutral must not resist, an armed boat is sufficient to capture her; as she must not approach the blockaded harbour, how is she to discover the occasional relaxation of the siege ?

1513. CESSATION.-The blockade ceases on the withdrawal of the whole, or so many of the blockading vessels as to render it inefficient. This proposition does not include the accidental absence to which we have already referred.

1514. It ceases if the blockading force is beaten off by its enemy, or if so many of the blockading squadron have disappeared, though in pursuit of the enemy, or in chasing vessels which have attempted to break it so far, as to remove for a reasonable time the manifestation of danger.

1515. But it does not cease merely on the appearance of the enemy (Neptune), or during a conflict with the enemy's forces, within such a distance as not to remove the manifestation of danger. The conflict is an endeavour to maintain it, and the neutral must await the result. Nor does it cease because the force is diminished by the chasing of ships, which have endeavoured to break it, within a reasonable distance from the harbour; nor by such an absence as merely affords a lurking or hovering vessel the opportunity of slipping by the squadron.

1516. MODIFIED.-As a general proposition, the blockade must be for the exclusion of all vessels. It cannot show partiality or favour either to ships of a particular nation, or to particular vessels: if it admit any vessels, it must admit all; if it permit egress to any, all have the like right of egress. It cannot permit the ships of the enemy to go in or out, and refuse such permission to a neutral. It cannot even under treaty permit the ships of one neutral nation to pass, and prohibit those of another. It is no blockade. A treaty conferring that right is inconsistent with the law of blockade. Francisca.

1517. When one belligerent grants to the ships of the other the right of ingress and egress from certain ports or all ports up to a certain day, no blockade upon such ports against neutrals can be instituted before that day. Francisca.

1518. This proposition has its exceptions. First, the blockading squadron is bound to permit the exit or entrance of such vessels as have a right to go out or enter. That right will be considered. Secondly, under circumstances a blockade may be established with some modifications. If such blockade is attempted to be established, its terms must be notified to all neutrals (Francisca); for a neutral knowing or seeing that ships openly go out or enter without interruption is guiltless in doing the same, until apprised of the terms on which such conduct is permitted.

1519. The occasional clandestine passage of vessels in fog or by superior skill, contrary to the intention of the blockading force, does not affect the validity of the blockade. Francisca.

1520. VIOLATION OF BLOCKADE is the attempt of an unprivileged ship, with notice of blockade, to enter or leave the blockaded port, being captured in the offence, that is, during the continuance of the blockade, and before her voyage is finished.

1521. The offence then comprises these four elments :--1. Want of privilege. 2. Notice. 3. Attempt to break the blockade. 4. Capture in the offence. We shall defer the consideration of the fourth till we speak of capture.

1522. The penalty is confiscation of the ship, and so much of the cargo as belongs to the shipowner, or is otherwise involved in the offence. Frederick.

1523. PRIVILEGE.-A ship which entered the port before the institution of the blockade, in fact and by notice, is privileged to sail out after notice, (she ought to have a note indorsed on one of her principal papers,)-if she is in ballast (Francisca),-or if she is exclusively employed by

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