The Laws of War Affecting Commerce And Shipping 8 8
The Laws of War Affecting Commerce And Shipping 8 8
Thomson H. Byerley
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[Sidenote: Blockades. ] We now pass on to the subject of Blockade, which is the next exceptionto the general freedom of neutral commerce in time of war. A blockade is a high act of Sovran authority; it cannot be assumed orexercised by a commander, without special authority, provided hisGovernment is sufficiently near at hand to superintend and direct thecourse of operations; but a commander on a distant station is supposedto carry with him such a portion of the Sovran authority as may enablehim... to act with energy against the commerce of the enemy, as againstthe enemy himself. [184] Again, referring to Sir Wm. Scott's celebrated judgments, we find himsaying, "That to constitute a violation of a state of blockade, three things must be proved: first, the existence of the blockade; secondly, the knowledge of it, in the party supposed to have offended; and thirdly, some act of violation, either by going in, or coming out with a cargo, laden after the commencement of the blockade. " [Sidenote: First Rule of Blockade.
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