But in none of these instances were her pretended blockades either submitted to by neutrals, or even to any considerable extent attempted to be enforced by her There can be no doubt that no prize-court would now condemn a vessel captured for the alleged violation of any such mere nominal blockade. It has, however, been decided that the blockade is good although the ships stationed at the place may have been for a short time removed to a little distance by a sudden change of wind, or any similar cause.
The second, and only other circum stance necessary to constitute a blockade which the prize-courts will recognise, is, that the party violating it shall be proved to have been aware of its existence. " It is at all times most convenient," Lord Stowell has said in one of his judgments (see case of the Rolls, in Robinson's Re that the blockade should be in a public and distinct manner." There ought to be a formal notification from the blockading power to all other countries. Nevertheless this is not abso lately required, and a neutral will not be permitted with impunity to violate a blockade of which the master of the ves sel may reasonably be presumed to be aware from the mere notoriety of the fact. Lord Stowell, however, has said that, whereas when a notification has been formally given, the mere act of sail ing with a contingent destination to enter the blockaded port if the blockade shall be found to be raised, will constitute the offence of violation, it might be different in the case of a blockade existing de facto only.
With regard to neutral vessels lying at the place where the blockade commences, the rule is, that they may retire freely after the notification of the blockade, taking with them the cargoes with which they may be already laden ; but they must not take in any new cargo.
The offence of violation is effected either by ;ping into the place blockaded, or by coming out of it with a cargo taken in after the commencement of the block ade. But vessels must not even approach the place with the evident intention of entering if they can effect their object. It would even appear that a vessel will render itself liable to seizure and condem nation if it can be proved to have set sail with that intention. In such cases how ever it must be always difficult for the captors to make out a satisfactory case. After a ship has once violated a block ade, it is considered that the offence is not purged, in ordinary circumstances, until she shall have returned to the port from which she originally set out ; that is to say, she may be seized at any moment up to the termination of her homeward voyage. If the blockade however has
been raised before the captive, the offence is held to be no longer punishable, and ajudgment of restitution will be pro nounced.
The effect of a violation of blockade to the offending party when captured is the condemnation usually of both the ship and the cargo. If however it can be shown that the parties to whom the cargo belongs were not implicated in the offence committed by the master of the ship, the cargo will be restored. It has some times, on the contrary, happened that the owners of the cargo have been found to be the only guilty parties, in which case the judgment has been for the condemna tion of the cargo and the restitution of the ship.
If a place, as generally happens in the case of maritime blockades, be blockaded by sea only, a neutral may carry on com merce with it by inland communications. The neutral vessel may enter a neigh bouring port not included in the block ade with goods destined to be carried thence over land into the blockaded place.
When a place has once been notified to be blockaded, a counter notice should always be given by the blockading power when the blockade has ceased. The ob servance of this formality is obviously conducive to the general convenience, but there are of course no means of punishing a belligerent for its neglect.
In this country a blockade is ordered and declared by the king in council. It is held however that a commander of a king's ship on a station so distant as to preclude the government at home from interfering with the expedition necessary to meet the change of circumstances may Uwe authority delegated to him to ex tend or vary the blockade on the line of eoast on which he is stationed. But the courts will not recognise a blockade altered in this manner within the limits of Europe. It appears to be necessary for the sake of the public convenience that the power of declaring a blockade should, as far as possible, be exercised only by the sovereign power in a state ; but it would perhaps be going too far to insist that it should in no circumstances be delegated to a subordinate authority. This would seem to be something very like interfering with the internal arrange 'milts of states.