summoned does not stop, the belligerent cruiser has the right to pursue her and to force her. And should the master of such vessel resist the right, both the ship and all the property are at once subject to confiscation. The cruising ship has a right to send on board the merchant ship for her papers; and if she be found to carry contraband goods or military officers to any port of the enemy, the cruiser must bring the same before the Court of Prizes, for a more deliberate inquiry than could be conducted at sea. The right of search is regulated by treaties and by regulations issued by the belligerent powers.

blockade.

Another limitation to the right of neutrals in time of war Right of is the prohibition to trade with blockaded ports. A blockade is a sort of circumvallation round a place, by which all foreign connections and correspondence, in as far as human force can effect it, are entirely cut off. In the words of the Paris declaration, "blockades to be binding must be effective, that is to say maintained by a force sufficient really to prevent access to the coast of the enemy." In the very nature of a complete blockade it is implied that the besieging force can apply its power to every point of the blockaded state. If it cannot do so, it is no blockade of that quarter where the power cannot be brought to bear (a). The blockade would be considered as legally existing, although the winds did occasionally blow off the blockading squadron; such an accidental change would not even suspend a blockade (b). If, however, the squadron be driven off by a superior force, a new course of events would arise, which might introduce a presumption in favour of the restoration of freedom of commerce (c). The raising of the former blockade by a superior force is a total defeasance of the blockade and of its operations.

blockade.

Knowledge of the party.

To constitute a breach of blockade, three facts must be estab- Breach of lished. First, the existence of an actual blockade; secondly, the knowledge of the party attempting the breach; thirdly, some act of violation, either by going in or coming out with a cargo laden after the commencement of the blockade. We have already seen what constitutes an effective blockade. The knowledge of the party is presumed when a notification has been

(a) The Betsey, 1 Rob. 93; The Frederick Molke, 1 Rob. 86; The Nancy, 1 Acton, 57.

(b) The Columbia, 1 Rob. 156; The Hoffnung, 6 Rob. 116.

(c) The Hoffnung, 6 Rob. 116.

Difference between a blockade by notification

and a blockade

by simple fact.

What consti

of blockade.

made to the foreign government, the effect of which is to include all the individuals of that nation, it being the duty of foreign governments to communicate the information to their subjects, whose interests they are bound to protect. A neutral master can never be heard to aver, against a notification of blockade, that he was ignorant of it. If he was really ignorant of the blockade, it may be a subject of representation to his own government, but that can be no plea in the courts of the belligerent. A notification binds only the country to which it is addressed, yet in a reasonable time it must affect neighbouring states with knowledge. If a notification be made to the principal states of Europe, the time will come when it will affect the rest. But there may be ignorance as to the continuation of the blockade. When it is one of simple fact only, it ceases with the fact itself; but where it is accompanied by public notification, the blockade is supposed to exist till it has been publicly repealed.

The mere intention or an attempt to commit it is sufficient tutes a breach to establish the breach of blockade, and the violation on the part of the master is, as to the penal consequences, considered as the act of the owners. Sailing in ballast to a blockaded place would be a breach of blockade. Nothing but an absolute and unavoidable necessity will justify the attempt to enter a blockaded port. Want of provision is not a sufficient ground. A blockade is as much violated by a vessel passing outwards as inwards, its intention being to suspend the entire commerce of the place. The only latitude. allowed to a neutral vessel is to sail with a cargo which she may have taken on board before the blockade began. A neutral may withdraw in ballast (a). But if, after having withdrawn in ballast, she be found loading a cargo by means of lighters, she would be subject to confiscation. A breach of blockade subjects the vessel and all the property on board it to confiscation; but as the master is only the agent of the owners of the ship, the cargo would be restored, if it can be proved that the owners were not parties to the breach, and that when the cargo was shipped they were ignorant of the blockade (b).

(a) The Comet, 1 Edw. 32; The Juno, 2 Rob. 119.

(b) The Columbia, 1 Rob. 154; The

Vrow Judith, 1 Rob. 150; The Imina, 3 Rob. 169; The Rosalie and Betty, 2 Rob. 343.

The ship which violates a blockade may be confiscated on her return, and if she be taken in any part of the voyage, she is taken in delicto, and is subject to confiscation. The offence

is not extinguished till the vessel has reached her own port (a). In all cases, however, whether of breach of blockade or of contraband of war, it is the duty of the cruiser to take the ship to a Court of Prizes for adjudication. Captors have a right to seize, but subject to the duty of bringing the vessel to adjudication.

By the law of nations the adjudication of all prizes vests in Court of prizes. the admiralty court, which is constituted a Court of Prizes, or

a tribunal of nations (b), and from that court an appeal lies to the Privy Council. It is the object of the prize court to suspend the property till condemnation, to punish every sort of misbehaviour in the captor, to restore the property instantly, if, upon the most summary examination, there does not appear a sufficient ground of seizure, and to condemn finally if the goods really are prize, after having given all parties a fair oppor tunity of being heard. The Court of Prizes is a court of the law of nations, and it is the duty of the judge in a prize court to administer the law of nations, or that law which is common to all countries, and founded on principles of universal obligation. The principal sources of the law of nations are natural and divine law, the reason of the thing, customs and conventions. Considerable authority moreover attaches to the works of learned authors on the subject, such as Grotius, "De Jure Belli et Pacis," Puffendorfius, " De Jure Naturæ et Gentium," Bynkershoek, "Quæstiones Juris Publici," "Wolfius Opera," Marten's "Précis du Droit des Gens," Vattel's "Droit des Gens," Wheaton's "Elements of International Law," Dr. Phillimore's" International Law," &c.

law.

The science of international law has, in late years, made rapid Progress of progress. The relations between nations are now maintained international by means of permanent legations. The sea is universally admitted as absolutely free. The navigation of the principal rivers is no longer intercepted by dues. By the conferences of Paris of 1856 the vexatious questions of privateers, blockades,

(a) The Welvaart van Pillan, 2 Rob. 128; The Juffrow Maria Shraeder, 3

Rob. 153.

(b) The Recovery, 6 Rob. 348.

and rights of neutrals, were definitively settled. And many nations, previously out of the influence of international law, have placed themselves under its protection. These are, These are, doubtless, sources of satisfaction, and they are the harbingers, we trust, of still further progress and improvement. Nations are becoming more and more bound to each other by ties of interest, friendship, and family relationship. The great transactions of nations, the mightiest works of human skill and energy, are becoming international in their origin, operation, and ownership. Periodical exhibitions are organised for the display of the works of art and industry, and for the encouragement and development of mechanical skill and genius, open without distinction to artists and artizans of all nations. And by the introduction of freedom of trade, the abolition of the navigation laws, the cheapening of the postage of letters, the extension of railways, and the establishment of land and sub-marine telegraphs, commercial and social intercommunication has acquired an unprecedented extension. These are material manifestations of the great progress of mankind in civilisation and science, and even in love and well-doing. Let us hope that the occasional clouds which still hang over our horizon will one after another dissipate, and that the benignant. rays of religion, knowledge, commerce, and peace, may be allowed to shine in all the splendour of a permanent meridian.

PRINCIPLES

OF

BRITISH AND FOREIGN COMMERCIAL LAW.

CHAPTER I.

SECTION I.

SOURCES OF COMMERCIAL LAW.

BRITISH COMMERCIAL LAW is a system of principles and rules, What is Compartly of common and partly of statute law, which define the mercial Law. rights and duties of individuals engaged in commerce. Such principles and rules are in a great measure derived from the customs of merchants, some of which are of a universal character, and some of a purely local nature. Those customs of trade which are innocent in themselves and which prevail throughout the country, are held to be part of the law of the land, and are judicially noticed without proof; those of a purely local nature must be proved (a).

That a local custom of trade may be rendered compulsory, it must be the result of a general and prevailing course of business, proved by instances, and supported by the evidence of the general opinion of merchants. It must, moreover, be fair, proper, and reasonable, as well as sufficiently definite and certain (b). When a general usage has been judicially ascertained and established, it becomes part of the law merchant, which Courts of Justice are bound to know and recognise (c). An

Customs of trade, general and special.