The Laws Of War, Affecting Commerce And Shipping eBook

This eBook from the Gutenberg Project consists of approximately 125 pages of information about The Laws Of War, Affecting Commerce And Shipping.

The Laws Of War, Affecting Commerce And Shipping eBook

This eBook from the Gutenberg Project consists of approximately 125 pages of information about The Laws Of War, Affecting Commerce And Shipping.

This system of armed neutrality contained the following principles.

1.  That commerce with the ports and roads of the enemy is free to neutral powers.

2.  That the ship covers the cargo.

3.  That those merchandizes only be considered as contraband, which are declared to be such by treaties with the belligerent powers, or with one of them.

4.  That no place shall be considered as blockaded, till it is surrounded in such a manner by hostile ships that no person can enter it without manifest danger.

5.  That these principles shall serve as a basis for decisions concerning the legality of prizes.

The principal powers of Europe, as Sweden, Denmark, Prussia, Germany, Holland, France, Spain, Portugal, Naples, and also the United States, acceded to the Russian principles of neutrality.

The Court of London answered this declaration by appealing to “the principles generally acknowledged as the Law of Nations, being the only law between powers where no treaties subsist;” and to

“the tenor of its different engagements with other powers, where those engagements had altered the primitive law by neutral stipulations, according to the will and convenience of the contracting parties.”

England, being thus opposed to all the maritime world, was at this time obliged to smother her resentment; only simply expostulating with Russia.  But the want of the consent of a power of such decided maritime superiority as that of Great Britain, was an insuperable obstacle to the success of the Baltic Conventional Law of Neutrality; and it was abandoned in 1793 by the naval powers of Europe, as not sanctioned by the existing law of nations, in every case in which the doctrines of that code did not rest upon positive compact.

During the protracted wars of the French Revolution, all the belligerent powers began by discarding in practice, not only the principles of the armed neutrality, but even the generally received maxims of international law by which neutral commerce in time of war had been previously regulated.  France, on her part, revived the severity of her ancient prize code; decreeing not only the capture and condemnation of the goods of her enemies found on board neutral vessels, but even of the vessels themselves laden with goods of British growth, produce, and manufacture.

In 1801, principally in consequence of the doctrines of the British Admiralty Courts with regard to the right of search, great efforts were made by the Baltic powers to recall and enforce the doctrines of the armed neutrality of 1780.  This attempt is generally known as the Armed Neutrality of 1800, and was met, promptly overpowered, and the confederacy finally dissolved, by the naval power of England.  Russia gave up the point, and by her convention with England of the 17th of June, 1801, expressly agreed, that enemy’s property was not to be protected on board of neutral ships.[198] This settlement was ended by the death of the Emperor Paul.

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The Laws Of War, Affecting Commerce And Shipping from Project Gutenberg. Public domain.