of a combined operation by sea and land, internal means of transport by canals, which enable a ship to gain the open sea at a point which is not blockaded, may be legitimately used. The blockade is limited in its effect by its own physical imperfection. Thus, during a blockade of Holland, a vessel and cargo sent to Embden, which was in neutral territory, and issuing from that port, was not condemned.' (b.) If a vessel is driven into a blockaded port by such distress of weather, or want of provisions, or water, as to render entrance an unavoidable necessity, she may issue again, provided her cargo remains intact.' And a ship which has been allowed by a blockading force to enter, within its sight, is justified in assuming a like permission to come out; but the privilege is not extended to cargo taken on board in the blockaded port.3 Duration of the Penalty. The penalty begins when a vessel clears from a neutral port with a hostile destination against which a blockade has been regularly established, and of the existence of which the neutral has, or is presumed to have, sufficient knowledge. An official proclamation of a blockade, made by a belligerent and communicated to neutral powers, would constitute such a presumption of knowledge. If, on the other hand, the blockade existed without proclamation, the presumption would be in favor of the neutral vessel, and it would be entitled to a warning in approaching the blockaded port.* p. 65. 'The Stert, Robertson, "Admiralty Reports," vol. iv., The former rule was that, if the distance between the ports of origin and destination was so great as to require a considerable time in the prosecution of the voyage, a neutral was entitled to the presumption that the blockade had been raised during the continuance of his voyage, and so was entitled to a warning if the blockade existed at the time of his arrival at the port of destination. The introduction of steam and the telegraph, however, have made it practically impossible for such a state of affairs to exist at the present time. Indeed, as blockade running is now carried on in swift steamers, specially constructed for the purpose, no defence is usually attempted in the case of a vessel captured in the act. Breach of Blockade by Egress.-When the offence is one of egress the penalty continues until the vessel reaches the territorial waters of a neutral state. The liability to capture also ceases when the blockade is raised during the return voyage, since the offence exists only so long as the blockade exists.' 3. Termination of Blockade. - A blockade ceases when it is discontinued by the belligerent who establishes it, or is raised by an exercise of force on the part of the belligerent against whom it is declared. In the latter case the right of intercourse with the port is revived in favor of neutrals, and continues to exist until the blockade is formally and effectively re-established. If the vessels of a blockading squadron are dispersed by a storm, the binding character of the blockade undergoes no change. The vessels of the squad ron return to their stations, the blockade is resumed without notice, and neutral vessels approach at their peril. 1 4. Pacific Blockade.-The right to establish what is called a pacific blockade has been asserted, on several occasions, since the beginning of this century. It has never been regarded as a war measure; nor does it resemble, except in name, the belligerent right of blockade which is sanctioned by International Law. Pacific blockades have always been made the subject of protest by neutrals, as unduly interfering with neutral trade. That such an operation is not a war measure, is shown by the action of prize courts in "refusing to condemn as prize because war did not exist." It must, therefore, be regarded as a measure falling short of war, and must be justified, in any particular case, by the injury suffered by the state which resorts to it as a measure of obtaining redress. The first instance of such a blockade was that declared by England, Russia, and France against the Greek ports of Turkey, in 1827. Others were declared by England and France against the Argentine Republic, in 1838, and by France against Mexico, in 1837. The former of these was maintained for ten years, the latter for less than two, terminating with the capture of the Castle of San Juan de Ulloa, in 1838. References. For a discussion of this subject, see Hall, chap. viii.; Boyd's Wheaton, §§ 509-523; Halleck, vol. ii., chap. xxv.; Manning, bk. v., chap. ix.; Wildman, vol. ii., pp. 178–210; Dahlgren, pp. 25-65 and 129-142; Woolsey, §§ 202-207; Nys, "La Guerre Maritime," chap. iv.; Glass, "Marine International Law," 'Dahlgren, "International Law," p. 27. pp. 423-462; G. F. De Martens, vol. ii., § 320; Klüber, §§ 297, 298; Heffter, pp. 289-294; Hautefeuille, "Droits des Nations Neutres," vol. ii., pp. 189-272; Ortolan, "Diplomatie de la Mer," and Wheaton's "History," etc., pp. 137-144. See, also, the valuable notes on this subject, under the article "Blockade," in Dana's and Lawrence's editions of Wheaton. CHAPTER XIV. THE RIGHT OF SEARCH. 1. THE belligerent rights which have already been discussed—of capturing enemy property at sea, of seizing contraband of war, and of blockading the coasts and harbors of an enemy-could none of them be made effective were not belligerents also accorded the right to stop and search all neutral merchant vessels on the high seas, for the purpose of ascertaining their nationality and destination, the character and ownership of their cargoes, and to effect their capture, should the result of such examination show a liability to capture to exist. 2. Definition of the Right; when and where Exercised. The right to stop and examine neutral vessels on the high seas is called the belligerent right of search. It comes into existence at the outbreak of war, and is terminated by the treaty of peace. Neutral merchant vessels, of whatsoever character, are at all times subject to its exercise, and must submit to search when required to do so by a properly documented armed vessel of either belligerent. If they refuse, or resist, they are subject to seizure and condemnation. If the right be exercised by a belligerent in a manner not warranted by the law of nations, or in violation of the terms of a treaty, the remedy must be sought through the neutral government under whose flag the ship sails. |