Page images
PDF
EPUB

In this case, Diddle was no other than the poet himself: this we do not believe, although it is by no means impossible, for we find exordiums of the same kind în other eminent works. In Virgil thus: Ille ego, qui quondam gracili modulatus avena, &c. It is not natural to think the writer

would repeat his own name, however frequently he might repeat the title of his patron; we therefore choose to abide by our own opinion, and conclude that the old English reading was as it now stands, in the poem above. S. To be continued.

GENTLEMEN,

LAW OF BLOCKADE.
For the Anthology.

AS it is the policy of our government to preserve our country in peace during the wars in Europe, every American is in a degree interested in the rules of decisions respecting the rights of neutrals, which different states admast as the law of nations. I have devoted a few moments in collecting and arranging the principles, embraced by England in cases in admiralty, in which the breach of blockade has been alleged, as the ground of seizure and condemnation, and communicate them for publication, in hopes that the attempt may induce others of more leisure and better opportunities to inquire, how far the law of nations has been received or modified on other subjects, in which we are equally interested.

As a blockade is a just measure of war, there is no rule of the law of nations better than this,-that the breach of a blockade by neu rals subjects their property to confiscation. This principle is recognized in all books of law, found in all treaties, and universally ackowledged by all governments, which possess any degree of civil knowledge.

To convict a neutral of a breach of blockade, three things must be proved; 1st, the existence of a

[ocr errors]

blockade; 2d, that the party was duly notified of the fact; and 3dly, that he has violated it, either, 1st, by ingress, or, 2dly, by egress, with a cargo laden after the commencement of the blockade.

1st. Of the existence of a blockade.-A blockade is a circumvallation of a place by a belligerent, by which all foreign connection and correspondence is, as far as human force can effect it, to be entirely cut off, and the right of neutrals to engage in its traffick by importation or exportation is suspended. A blockade may, however, be partial, as well as generat, as on the land side, or sea side ; and in such case the blockade legally exists only, so far as it actually extends. Hence, where there is only a maritime blockade, the interiour communications and commerce of the country are no way subject to its operation, and vice versa.

A blockade may commence by the simple fuct only, or by a publick notification from belligerent to neutral states, accompanied with the fact; for a declaration, unsupported by the fact, will neither establish nor extend it. In the case of a blockade de facto, when the fact ceases (otherwise than by accident or the shifting of the wind),

there is immediately an end of the blockade; but where the fact is accompanied by a notification, though possibly the blockade may expire de facto, this is not hastily to be presumed, but on the contrary it is to be considered prima facie as existing, till the notifica tion is revoked.

A blockade may be more or less rigorous, either for the single purpose of watching the military operations of the enemy and preventing the egress of their fleet, or, on a more extended scale, to cut off all access of neutral vessels to the interdicted place, which alone is strictly and properly a blockade; for the other is in truth no blockade at all, as far as neutrals are concerned. So, where a blockade has not been duly carried into effect, where ships have been stopped, examined, and suffered to go in; or where they have received information from ships of the navy of the blockading power, that there was no blockade, no legal blockade exists, which will affect neutrals, under such circumstances, not withstanding there has been a national declaration of it.

§2. Of the notification of a

blockade. And 1st. Where a blockade is accompanied with a publick declaration of its existence by the belligerent to foreign states, the effect of such notification must be to include all the individuals of the nations thus notified, to whom it is the duty of their respective governments to communicate it, even in foreign ports. A neutral master, therefore, can never be heard to aver against such a notification of a blockade, that he is ignorant of it. If he be really ignorant of it, it may be a subject of representation and complaint to his own government, and may raise a claim of compensation from them,

but it can be no plea in the court of a belligerent.

It is not necessary that a notification should be made to every particular nation to affect its subjects. Where it is made to the principal states in Europe, it will in time affect the rest, not so much proprio vigore, or by virtue of the direct act, as in the way of evidence. It must in process of time reach them, and,though not directly made to them, must, when known, be considered as imposing the same observance of it on them.

2dly. Where a blockade commences de facto, it must be notified by the blockading force on the spot to those, who come from a distance and are ignorant of the fact. For if you can prove a previous knowledge of the fact in the neutral, a warning is an idle ceremony, and he may be liable to the consequences of a breach of blockade..

As to vessels coming out with cargoes, &c. from a blockaded port, it is unnecessary to prove any particular knowledge of the fact in the master to subject the property to confiscation, after the blockade has existed de facto any length of time. The continued fact is itself a sufficient notice, as it is impossible for those within to be ignorant of the forcible suspension of their commerce.

3d. Of the violation of a blockade.-And 1st. Where a blockade has been solemnly notified, not only an entry into the blockaded port, but the act of sailing to it, constitutes the offence, and subjects the property to confiscation. For a blockade, accompanied with a publick declaration, is presumed to continue till the declaration is revoked. An exception has been made in favour of neutral countries at a great distance from the ports,

which are in a state of blockade. As, from their situation, it is impossible that they should have constant information of the state of the blockade, whether it continue or be relaxed, it is not unnatural that they should send them provisionally to the blockaded ports, on the expectation, that the blockade may have been broken up, after a long continuance. The rigid application of the rule to them would impose a restriction on their commerce for months after neighbouring nations were enjoying a free trade. But this exception is allowed only on condition that a fair inquiry is made in the ports,which lie in the way, and not of the blockading squadron at the blockaded port. The conduct of the neutral in such cases ought to be such, as to excite confidence, and not suspicion; to prove that his provisional destination was fair, and not a guarded expedient of fraud.

2dly. Where a blockade commences and exists de facto only, there no presumption arises as to its continuance; and the ignorance of the party may be admitted, as an excuse for sailing on a doubtful and provisional destination. But, in this case, a fair intention will be presumed only, where a fair inquiry is made in the course of the voyage, whether the blockade had determined or not.

Although sailing with an intention of evading a blockade makes the offence complete, and it is not necessary to wait till the goods are actually endeavouring to enter the port under blockade; yet if the goods are not taken in delicto and in the actual prosecution of such a voyage, the penalty does not attach. Hence a deviation from the original destination before capture, with an intention to avoid the offence, protects the

property from confiscation. For though the intention was complete from the moment the ship sailed on the destination, and, bad it been taken previous to the variation, would have been subject to confiscation; yet, when the variation had actually taken place, however arising, it is not taken in delicto, or in the prosecution of an intention of landing goods at a blockaded port. So, where a vessel has sailed on a destination to a blockaded port, after a declaration of the blockade, and in the course of her voyage on inquiry of a fleet of the belligerent, whether the port be blockaded, is informed it is not, from that time a state of innocence commences, and, if taken in prosecution of her original voyage, she is not taken in delicto. The information thus given cannot be set up as a licence of authority, but may be regarded as intelligence affording reasonable ground of belief, and discharges her, as much as a deviation, from the penalty of the former offence.

A determined adherence to a first intention of entering into a port, after notice of a blockade, will subject a ship to confiscation. A blockade may be broken by obstinacy, as well as by fraud; and if a master says he must and will go into the blockaded port in defiance of notice, his owners must take the consequence of his conduct.

As a legal blockade exists only so far, as it actually extends in case of a maritime blockade, whether the shipment is to terminate, or was begun in a blockaded port by inland transmission of the goods from or to a free port, they are not subject to any penalty. In cases of goods shipped from an enemy's port, that is to be considered, as the place of shipping, where the goods first become connected with the

ship, though conveyed by land or canals from a blockaded port. In the case of goods destined to an enemy's port, that is to be considered as the real destination, where they are to be discharged, though their ulteriour destination may be by land or canals to a blockaded port.

2. Not only ingress or entry into a blockaded port, &c. is a breach of blockade, but an egress or departure from a blockaded port, under certain circumstances, is equally criminal.

Where a ship has entered an enemy's port before the commencement of a blockade, she may at any time sail away in ballast, as, from her neutral character and lawful entrance, she is not herself the object of blockade. She may also retire with a cargo, laden on board before the blockade begun. But as a blockade is intended to suspend the entire commerce of a place, and as a neutral is no more at liberty to assist the traffick of exportation, than importation, the rule insisted on by the blockading power is, that a neutral ship departing can only take away a cargo

bona fide purchased and delivered before a knowledge of the blockade, as the purchase, lading, or continuing to lade a cargo, after this is an unlawful interference to assist the commerce of the enemy, and a violation of the blockade.

As a transfer of a ship from one neutral to another is in no manner connected with the commerce of a blockaded port, it is no ground for confiscation of the ship, which has sailed, after the transfer, in ballast. So where goods are sent into a port before a blockade, and are reshipped by order of the neutral proprietor during a blockade, they have been always exempted from confiscation. For the same rule, which permits neutral merchants to withdraw their ships from a blockaded port, extends also with equal justice to merchandize, sent in before the blockade, and withdrawn bona fide by the neutral proprietor.

A vessel, which breaks a blockade by egress, is not discharged of the penalty by escaping or avoiding the blockading force, but continues liable to confiscation till the termination of her voyage.

[blocks in formation]

and it diffuses sympathy and joy over the various departments of social life.

It were easy to declaim on this topick; but to display the proper motives and expression of gratitude is a more serious task. As in the article of religion, not every one who says, I believe, may be classed with the faithful, so neither will the mere delivery of thanks entitle a person to the honours of gratitude. A beneficent and useful life is the best testimony of a grateful disposition. Let me not be understood as discouraging the decent forms of oral civility. When they come from the heart, and are gracefully presented, like the distillations of mercy, they bless both him who bestows and him who accepts them: nothing scarcely is pleasanter, than the language of obligation; and the sweetest musick in your ear is the voice of him, who acknowledges you a benefactor.

It is, however, of more importance that our hearts should be improved, than our vanity excited; and the community is more interested, that the idle should be made industrious, and the intemperate sober, than that they should be feasted with the viands of applause, and regaled with the incense of adulation. Words are not always the honest representatives of thoughts they are sometimes no more to be regarded, than the sound of an instrument, which is destitute of both intention and power. Exhortation is easy; but practice is difficult: the first may be given from the basest motives; but in the last there is no deception. Nay, a man may entertain you with handsome speeches, and specious promises, whilst he is meditating mischief. But when you observe a person who, with or

without professions, is constantly adapting his labours to the minds, the wants, and condition of those around him; when he is as ready to repress the insolence of the proud, as to elevate the head of humble merit; when, regardless of the popular odium, he boldly maintains the cause of publick justice; and when, resisting the pressure of indolence and the calls of pleasure, he uniformly and vigorously fulfils the offices of private friendship, and his duties to the state, he then prefers an unquestionable claim to gratitude, and to the dearest privileges in the gift of society.

If this beneficence of character is not the happiest expression of gratitude, the maxims of the wise, which we have been taught to respect, for the regulation of social manners, have no solid foundation. In them we are instructed not to trust appearances. They report, that there is such a mixture of good and bad, of falsehood and truth in almost every one with whom we converse, and in almost all the actions we see, that it is the part of prudence to suspect the soundness of brilliant professions, until proved by deeds, which have the stamp of utility.

An enemy of metaphysicks, I hope not to be suspected of being pupil to either Edwards or Godwin; yet I venture to pronounce, that the most just is, commonly, the most grateful man. There are certain propensities of our nature which, though not wholly of the sensitive kind, seem nevertheless to have been given rather for the preservation, than the improvement of the species. The man, who can hardly distinguish between the calls of hunger and the operations of intellect, has nearly the same strength of parental affec

« PreviousContinue »