The Laws Of War, Affecting Commerce And Shipping Part 19

[207: _Vide_ p. 84.]

[208: See section ii. chap. ii. Blockades.]

[209: This is the doctrine _free s.h.i.+ps free goods_, for the first time voluntarily adopted by this country, pp. 72, 74.]

[210: According to Vattel, this belligerent right has no existence, and need not therefore be waived, as it could not legally be exercised; but see p. 73.]

[211: This grant of general reprisals, though apparently limited in its address, (as to action in the war) to Her Majesty's fleets and s.h.i.+ps, does not exclude non-commissioned captors from taking Russian s.h.i.+ps, or goods when called upon _by necessity_ to do so. For example, any of our armed merchantmen, who in the present war will not be allowed letters of marque, would be quite justified when beating off the enemy, in also making a capture if possible, and although her prize would become a _Droit of Admiralty_, the captor would be ent.i.tled to apply to the court for some compensation. The second part of this declaration is intended to proclaim the preliminary step to establis.h.i.+ng the court of prize. The declarations with respect to the embargo laid upon Russian goods and s.h.i.+ps in our ports require no comment.]

[212: See pages 11 and 12.]

[213: The Neptunus, 6 Robinson's Adm. Rep. p. 406; also the Nayade, 4 Rob. p. 251.]

[214: Vide post.]

[215: See page 74.]

[216: See page 75.]

[217: This allows free commerce in neutral bottoms to our ports, from Russia. It is difficult to see what is meant by "friendly flags." It cannot mean "a flag of the allies," for that would be giving our allies more than we take ourselves. It is, perhaps, intended to include powers that may not be friendly to Russia, but in that position to ourselves, without being allied to us.]

[218: Free trade by British vessels in enemy's property to ports not hostile.]