The ambassador of the enemy may be stopped on his passage, but when he has arrived in the neutral country, he becomes a sort of middleman, and is entitled to peculiar privileges.[179]

[Sidenote:  Penalty for Contraband Trade.]

Under the present Law of Nations, a Contraband Cargo cannot affect the ship; the carrying of contraband articles is attended only with loss of freight and expenses, except where the ship belongs to the owner of the contraband cargo, or where the simple misconduct of carrying a contraband cargo has been connected with some malignant and aggravating circumstances.[180]

[Sidenote:  Additional Penalties.]

The aggravation of fraud justifies additional Penalties; thus, the carriage of contraband with a false destination, will work a condemnation of the ship as well as the cargo; the false destination being intended to defeat the right of pre-emption.[181] Generally, false papers will extend the taint of contraband to the vessel.

It is also an established rule, that the transfer of contraband by a neutral, from one port of a country to another, where it is required for the purposes of war, is subject to be treated in the same manner as an original importation into the country itself.[182]

[Sidenote:  Return Voyage Free.]

Generally, the proceeds of the Return Voyage cannot be taken.  From the moment of quitting port on a hostile destination, indeed, the offence is complete, and it is not necessary to wait till the goods are actually endeavouring to enter the enemy’s port; but beyond that, if the goods are not taken in delicto, and in actual prosecution of such a voyage, the penalty is not now generally held to attach.[183]

SECTION III.

Blockades.  Right of Search.  Convoys.

[Sidenote:  Blockades.]

We now pass on to the subject of Blockade, which is the next exception to the general freedom of neutral commerce in time of war.

A blockade is a high act of Sovran authority; it cannot be assumed or exercised by a commander, without special authority, provided his Government is sufficiently near at hand to superintend and direct the course of operations; but a commander on a distant station is supposed to carry with him such a portion of the Sovran authority as may enable him to act with energy against the commerce of the enemy, as against the enemy himself.[184]

Again, referring to Sir Wm. Scott’s celebrated judgments, we find him saying,

“That to constitute a violation of a state of blockade, three things must be proved:  first, the existence of the blockade; secondly, the knowledge of it, in the party supposed to have offended; and thirdly, some act of violation, either by going in, or coming out with a cargo, laden after the commencement of the blockade.”

[Sidenote:  First Rule of Blockade.]