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THE LAWS OF WAR, AFFECTING COMMERCE AND SHIPPING

H. BYERLEY THOMSON, ESQ., B.A.

Barrister-at-Law, of Jesus College, Cambridge, and the Inner Temple

A New Edition, Enlarged, With An Introduction And Index

1854

PREFACE TO THE SECOND EDITION.

The success which attended the publication of the First Edition ofthis Treatise, on "The Laws of War, affecting Commerce and Shipping,"has confirmed the author's opinion of the utility of such a work; andits hearty acceptance by the mercantile world has induced him to addlargely and materially to this edition. The general plan of the formerwork has not been departed from in the first portion of the present;and although a great number of fresh and popular topics have been heretouched upon, the author has endeavoured to preserve (as far as wasconsistent with accuracy), that concise and popular character which hebelieves in no small degree contributed to the favourable reception ofthe first edition.

An Introduction has also been added, discussing the origin of the Lawsof War generally, and the utility of the work has been enhanced by anIndex for facilitating reference.

In a Second Part, which will shortly appear, the Author proposes totreat of the Laws of War relating to the Army, Navy, and the Militia,as well as the administration of the bodies governing those varioussections of the war force of the country.

H.B.T.

8, SERJEANT'S INN, TEMPLE,

APRIL 15, 1854.

CONTENTS.

INTRODUCTION

CHAPTER I.

COMMENCEMENT OF WAR.

SECTION I. The Immediate Effects of War

SECTION II. On Enemies and Hostile Property

CHAPTER II.

SECTION I. Actual War. Its Effects

SECTION II. Prizes and Privateers

SECTION III. Licences

SECTION IV. Ransom, Recaptures, and Salvage

CHAPTER III.

SECTION I. Neutrality

SECTION II. Contraband of War

SECTION III. Blockades. Right of Search. Convoys

SECTION IV. Armed Neutralities

APPENDIX TO PART I.

NOTE A. The Law of Reprisals

NOTE B. War Bill Act

NOTE C. Rule of 1756

NOTE D. Articles that have been declared Contraband at various times

NOTE E. The Late Declarations

INTRODUCTION TO PART I.

It would be superfluous to trouble my readers, in a concise practicaltreatise, with any theoretical discussion on the origin of the Law ofNations, had not questions of late been often asked, respecting themeans of accommodating rules decided nearly half-a-century ago, tothose larger views of international duty and universal humanity, thathave been the natural result of a long Peace, and general progress.

To commence with the question, Who is the international legislator? itmust be observed, that there is no general body that can legislate onthis subject; no parlia

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