at; in the other, the interruption of the commercial intercourse.'

What is a Valid Blockade? At one time considerable doubt existed as to the manner in which an enemy's ports should be closed, in order to constitute a blockade which should be valid at international law. This was set at rest by the fourth article of the Declaration of Paris, which provides that "a blockade, to be binding, must be effective." To this declaration nearly all the civilized states of the world were signatory parties, and, as the United States has always maintained the principle announced in the declaration, that rule may now be accepted as the existing rule of international law upon the subject.*

How Established and Notified. As an attempt to enter a blockaded port is a flagrant violation of international law, involving both ship and cargo in the severest penalties, it is important that official information of its existence should be conveyed to neutrals, in order that they may know when intercourse with the place becomes illegal and their liability to capture begins. This is important, because none but effective blockades are recognized as lawful, and, until a de facto blockade is established, neutrals are under no obligation to relinquish their commercial intercourse with an enemy's port. In other words, a neutral vessel incurs no penalty by entering a port which is not actually blockaded by the

the Nancy, I Acton, Adm. Rep. p. 64; the Eagle, Ibid. p. 65; III Dig. Int. Law, §§ 359, 360.

2 II Halleck, p. 215; Hall, § 257; Creasy, § 600; Lawrence, Int. Law,

A blockade may be made effectual by batteries on shore as well as by ships afloat, and, in case of an inland port, may be maintained by batteries commanding the river or inlet, by which it may be ap-8 272. A paper, or constructive, proached, supported by a naval force sufficient to warn off innocent and capture offending vessels attempting to enter."-The Circassian, 2 Wallace, 135; V Calvo, $$ 2828-2840; Manning, pp. 402, 403; II Halleck, pp. 212-215; Hall, §§ 257-260; Klüber, § 297; Lawrence, §§ 269-271; Bluntschli, §§ 827-840;

blockade is one established by proclamation without the actual presence of an adequate blockading force to prevent the entrance of neutral vessels into the port or ports so pretended to be blockaded.

-II Halleck, p. 216. See, also, For. Rel. U. S. 1879, pp. 886-893, 1038, 1039.

ships or batteries of a belligerent This notification is given-'

a.) By proclamation, announcing the date upon which a blockade will be established at a particular port. If a force adequate to the maintenance of the blockade be not stationed opposite the blockaded port on the date mentioned in the proclamation, a neutral vessel incurs no penalty by entering or leaving the port. This is the practice of England and the United States. A blockade solely supported by proclamation, sometimes called a paper blockade, is not lawful and need not be observed by neutrals. Such undertakings were not infrequently resorted to by Great Britain and France during the Napoleonic wars, and were finally placed under the ban of international law by the clause of the Declaration of Paris that blockades to be binding must be effective.'

(b.) By notification or endorsement. This is, in substance, a warning given to neutral ships which are about to enter a blockaded port. The notification is given by ships of the blockading squadron, and is, or should be, endorsed on the ship's papers of the vessel notified or warned away. An attempt to enter after such notification constitutes a breach of blockade, and renders the vessel liable to seizure and condemnation.*

By proclamation and notification. This is a combination of the preceding methods. A proclamation is first issued fixing the date upon which the blockade will be established. A neutral vessel approaching the port after that date is warned

1 Dahlgren, Int. Law, pp. 26, 61; the Betsey, Robinson, Adm. Rep. p. 93; the Nancy, 1 Acton, Ibid. p. 64; the Eagle, Ibid. p. 65.

II Halleck, p. 217; II Wildman, pp. 187-194; II Ortolan, liv. iii. chap. ix. p. 335; the Vrow Johanna, 2 Robinson, Adm. Rep. p. 109. For a proclamation of the StatesGeneral of Holland instituting a blockade, see 3 Robinson, 326, 327,

note.

• V Calvo, §§ 2909-2938. For the

off by the blockading squadron, and is only regarded as liable to capture if, after such warning, an attempt be made to enter. This rule is advocated by France, and was outlined by the President of the United States in his proclamation of April 19, 1861. The prize-courts of the United States have ruled that the second notification is not legally necessary.'

It is thus seen that a mere notification, by proclamation or otherwise, not accompanied by the presence of a squadron, or by the establishment of batteries at the blockaded port, does not constitute a valid blockade at international law. On the other hand, if a de facto blockade be established by a belligerent at an enemy's port, it must be respected by neutrals as having the sanction of international law. Neutral vessels attempting to enter, or desiring in good faith to ascertain whether such a blockade exists, are entitled to a notification or warning. An attempt to enter by night, or by the use of force or deception, or a refusal to stop, or to observe the signals and warning guns of the blockading squadron, renders the vessel liable to capture; the presumption being that a breach of blockade is intended. By far the greater number of attempts to break blockade are made in this way.'

The presence of a blockading squadron makes either ingress or egress unlawful. Vessels in port at the date when the blockade begins are permitted to leave with whatever cargo they may have on board at that time. In strictness, they may not complete their lading, after the

1 The Heinrich and Maria, 1 Robinson, Adm. Rep. p. 146; V Calvo, §§ 2828-2839; III Dig. Int. Law, §§ 359, 360. It seems that by the true construction of the proclamation of the President of April 19, 1861, only those who are ignorant of the blockade are entitled to the warning and endorsement mentioned in the proclamation.". The Revere, 2 Sprague, 107. "As against the rebels, the United States has both sovereign and belligerent rights. In establishing the

blockade has been formally

established, and they have been held liable to capture for so doing.' As the object of a simple blockade is the interruption of commercial intercourse only, the public armed vessels of neutral powers are usually permitted to enter and leave a blockaded port. Their visit is for a public purpose; they do not carry in or bring out merchandise, and so cannot interfere with the purpose for which the blockade was established. Moreover, a refusal to permit them to enter may inflict unnecessary hardship upon a neutral government or its subjects, without in any way contributing to the purpose for which the war was undertaken.'

Cases of Innocent Entrance and Exit. Hall mentions a few instances in which merchant vessels may pass into, or out of, a blockaded port without breach of blockade.

(a.) When a maritime blockade does not form part of a combined operation by sea and land, internal means of transport by canals, which enable a ship to gain the open sea at a point which is not blockaded, may be legitimately used. The blockade is limited in its effect by its own physical imperfection. Thus, during a blockade of Holland, a vessel and cargo sent to Embden, which was in neutral territory, and issuing from that port, was not condemned."

(b.) If a vessel is driven into a blockaded port by such distress of weather, or want of provisions or water, as to render entrance an unavoidable necessity, she may issue again, provided her cargo remains intact.

And a ship which has been

Union Insurance Co., 3 Wheaton, 194.

Hall, Int. Law, p. 627; the Adonis, 5 Rob. Adm. Rep. p. 258; the Mariana Flora, 7 Wheaton, 59; the Alexander, 4 Rob. Adm. Rep. p. 93; III Dig. Int. Law, §§ 359, 360.

The Stert, 4 Rob. Adm. Rep. p. 65; the Twee Gebroeders, 3 Ibid. p. 336; the Magnus, 1 Ibid. p. 31.

The Hurtige Hane, 2 Rob. Adm. Rep. p. 324; the Fortuna, 5 Ibid.

allowed by a blockading force to enter, within its sight, is justified in assuming a like permission to come out; but the privilege is not extended to cargo taken on board in the blockaded port.'

Breach of Blockade: Penalty. The offence of attempting to enter or depart from a port or place of a belligerent against which a lawful blockade has been established is called a breach of blockade. An attempt on the part of a neutral merchant ship to enter a blockaded port constitutes a breach of blockade by ingress; an attempt to escape from such blockaded port or place constitutes a breach of blockade by egress. The penalty for breach of blockade consists in the forfeiture of the ship and cargo. As the offence consists in carrying on commercial intercourse with a blockaded port, the forfeiture includes everything which is engaged in the illegal venture.' "If their owners are different, the vessel may be condemned irrespectively of the latter, which is not confiscated when the person to whom it belongs is ignorant at the time of shipment that the port of destination is blockaded, or if the master of the vessel deviates to a blockaded harbor. If, however, such deviation takes place to a port the blockade of which was known before the ship sailed, the act is supposed to be in the service of the cargo, and the complicity of the owner is assumed."

Duration of the Penalty. The penalty begins when a vessel clears from a neutral port with a hostile destination against which a blockade has been regularly established, and of the

p. 27; the Adonis, 5 Ibid. p. 256; the Shepherdess, 5 Ibid. p. 262; the Spes and Irene, 5 Ibid. p. 79; the Charlotta, Edwards, 252; the Elizabeth, Ibid. 199; Hall, § 265; Bluntschli, § 838. "To justify a vessel in attempting to enter a blockaded port, she must be in such distress as to render her entry a matter of absolute and uncontrollable necessity."-The Diana, 7 Wallace, 354.

'Hall, § 265; the Jafrow Maria

Schroeder, 3 Rob. Adm. Rep. p. 160.

III Phillimore, §§ 316-321; II Halleck, pp. 238-240; V Calvo, §§ 2880-2908; Hall, § 264; Vattel, liv. iii. chap. vii. § 117; II Twiss, $$ 109-116; the Adonis, 5 Rob. Adm. Rep. p. 257; the Apollo, Ibid. p. 287; the Byfield, Edwards, Adm. Rep. p. 188; the Manchester, 2 Acton, Ibid. p. 61.

3

Dahlgren, pp. 54-61; Hall, § 264.