Blockade

“ It was a spirit of adventurous commerce savouring of the good old days of the French wars, when a lad might any day be called from the office to take his place on the deck of a privateer, and when daring spirits were always ready to steal away from a convoy and run the risk of capture on the chance of getting the cream of the market. The risks a blockade-runner had to face were much the same, for as no Government pretends to interfere with its citizens if they choose at their peril to trade in the face of a blockade, so no protection or redress is given them if they are caught red-handed. ”

“ Indeed a blockade-runner is in an even worse position than a hostile belligerent; for not being a combatant he may not resist the efforts of the blockaders to destroy or capture him. He is entitled to escape if he can, but a single shot or blow in his own defence makes him a pirate, and a belligerent capturing him may treat him as such. But it must always be remembered that for a belligerent to be entitled to exercise these high prerogatives he must first have constituted a real and effective blockade. A mere declaration that a port is closed is not enough. ”

“ In accordance with the Declaration of Paris of 1856, a blockade, in order to be binding, must be effective—that is to say, it must be maintained by a force sufficient really to prevent access to the enemy coastline.
Art. 3. The question whether a blockade is effective is a question of fact. ”

“ Effective blockade is the contrast to so-called fictitious or paper blockade, which was frequently practised during the seventeenth, eighteenth, and at the beginning of the nineteenth century. [757] Fictitious blockade consists in the declaration and notification that a port or a coast is blockaded without, however, posting a sufficient number of men-of-war on the spot to be really able to prevent egress and ingress of every vessel. ”

“ The Effect of the Order in Council
The essential condition of blockade, as hitherto understood, is that the blockading squadron must be in the immediate offing of the blockaded port. We have placed our cruiser cordon at a considerable distance from the German coast. And here, to the general, is the stumbling-block in our way; to the American, is the sign of our backsliding. Yet, curiously enough, if we had declared a blockade, any question which might have arisen as to its validity owing to the position of the cordon is set at rest by the Protest itself. ”

“ The only principle of blockade which we recognize is that which gives to belligerents a right to turn from ports so closely invested as to make the entry of them dangerous, and after due warning, vessels bound to them. But the right asserted by Great Britain to blockade by a piece of parchment or paper, issued from her Council Chamber, a port or ports, a kingdom or kingdoms, a continent or continents, is a right no more relative to a state of war than to a state of peace; and, if we submit to the pretension in a state of war, we must equally submit to it in a state of peace. ”

“ Now, sir, I will admit, if we could prevail on Great Britain and France thus to limit the right of blockade, it would add much to our security at home; for as we have no fortified places, although we may have places with fortifications, it would follow that we should never be subject to a blockade. But is it true that according to the usages of nations this is a novel system, or one now, for the first time, put in use by the British? ”

“ And Englishmen are the blockade-runners, not because England as a nation is your enemy, but because her merchants are more adventurous and her seamen more daring than those of any nation but your own. You, I suspect, would not be the least active of blockade-runners, if we were carrying on a blockade. The nearness of our fortresses at Halifax and Nassau to your shores, which makes them the haunt of blockade-runners, is not the result of malice, but of accident,—of most unhappy accident, as I believe. ”

“ A blockade, it is well to keep in mind, is a procedure which aims at completely closing the blockaded country from all commercial intercourse with the world. A blockading navy, if the blockade is [pg II-57] successful, or "effective," converts the whole country into a beleaguered fortress, just as an army, surrounding a single town, prevents goods and people from entering or leaving it. Precisely as it is the purpose of a besieging army to starve a particular city or territory into submission, so it is the aim of a blockading fleet to enforce the same treatment on the nation as a whole. ”

“ Blockade is the blocking by men-of-war [733] of the approach to the enemy coast or a part of it for the purpose of preventing ingress and egress of vessels [Pg 451] of all nations. Blockade must not be confounded with siege, although it may take place concurrently with siege. Whereas siege aims at the capture of the besieged place, blockade endeavours merely to intercept all intercourse, and especially commercial intercourse, by sea between the coast and the world at large. ”

“ No sooner does a blockader have a chance to pursue a blockade-runner, cruise, get supplies or reconnoitre, than the fact is made known, and in the darkness the blockade-runner creeps in with lights extinguished, fires low and silence absolute. So great is the caution that two blockade-runners have been known, when fairly in, to have descried each other's dark hull, and each supposing the other to be a blockader, stole out to sea again. An officer doing blockade duty sends us the sketch of a pursuit of a blockade-runner at midnight, under these difficulties. ”

“ I went further, and explained to him as fully as I could the meaning and exigencies of an effective blockade, and was surprised at the directness of his answer, which expressed so naively and with such confidence the feelings of the people in the simple language of our sea-folk.
"Well, they won't get us, any'ow! And so there ain't no sense in the English blockade, as I can see!" ”

“ True, the proposition that a belligerent might seize a neutral ship for attempted breach of blockade thousands of miles away from the blockaded coast was one that would have been condemned by the old school of International lawyers as nothing less than monstrous, and by none more energetically than the great publicists who have so richly adorned the American bench. ”

“ In the long run a rigorous and uninterrupted blockade is almost sure to exhaust him before it exhausts us, but the end will be far and costly. As a rule, therefore, we have found that where we had a substantial predominance our enemy preferred to submit to commercial blockade in hope that by the chances of war or the development of fresh force he might later on be in a better position to come out into the open. ”

“ It is no good talking of peaceful blockade. Blockade is blockade. It is the use of force. If you are to have blockade you must be prepared to go to war, and a blockade of the mouth of the Congo means blockading a river which is not the property of the Congo or Belgian Government. They have one bank of the river. It is a river which by international treaty must be opened to navigation, and if you are to blockade to any effect you must be prepared to stop every ship going in or out of the Congo, whether under the French, Belgian, German, or whatever flag it is. ”

“ A blockade is really in being when vessels of all nations are interdicted and prevented from ingress or egress. Blockade as a means of warfare is admissible only in the form of a universal blockade, that is—as article 5 of the Declaration of London stipulates—it "must be applied impartially to the vessels of all nations." If the blockading belligerent were to allow the ingress or egress of vessels of one nation, no blockade would exist. ”

“ The maintenance of a blockade must always be a question of degree,-of the degree of danger attending ships going into or leaving a blockaded port. Nothing is further from my intention, nor, indeed, more opposed to my notions of the law of nations, than any relaxation of the rule that a blockade must be efficiently maintained. ”

“ When the above ports fell into the hands of the Northerners, the blockade, considering the nature of the coast-line and types of vessels employed as blockaders and runners, was to all intents and purposes as effective as could be expected; for the blockading fleet consisted of almost every description of craft, from the old-fashioned 60-gun frigate to the modern "Ironsides" and "Monitors," supplemented by dozens of merchant-steamers converted into gunboats—not very formidable, perhaps, as war-ships, but still dangerous to blockade-runners, especially when fast. ”

“ Since breach of blockade is, from the standpoint of the blockading belligerent, a criminal act, knowledge on the part of a vessel of the existence of a blockade is essential for making her egress or ingress a breach of blockade. ”

“ One of the rights of a belligerent nation which a neutral is bound to regard, is the right of blockade. Blockade is a blocking up. A war blockade is the stationing of ships of war at the entrance of an enemy's ports, to prevent all vessels from coming out or going in. ”

“ The reason for the distinction, given in the authorities, is that a proclaimed blockade is deemed to continue until the blockade is raised by a declaration of the power that established it. But a simple or de facto blockade lasts only so long as the blockading squadron chooses to maintain it by a present and actual force. The reasons for constituting such a blockade may cease at any time, and a neutral vessel, on a peaceful voyage, and not carrying a contraband cargo, may lawfully sail for such a port, and if when she reaches it the blockade continues, is entitled to a warning. ”

“ It is a rule of warfare, that "blockades, (p. 771) to be binding, must be effective;" that is, it is not lawful for a nation with a small fleet to declare an enemy's coast in a state of blockade, and then capture such trading-vessels as may happen to run in the way of its cruisers. The nation must have a large enough fleet to station vessels before each of the principal harbors of the enemy, and to maintain a constant and vigilant patrol up and down his coast. If this cannot be done, the blockade is called a "paper blockade," and merchantmen are justified in attempting to evade it. ”

“ A close blockade always tended to exhaust a fleet, and always must do so. But, on the other hand, it was contended that the exhaustion is compensated by the high temper and moral domination which the maintenance of a close blockade produces in a good fleet, whereas the comparative ease of distant and secure watch tended to deterioration. Before considering these opposed views, one warning is necessary. It is usually assumed that the alternative to close blockade is watching the enemy from one of our own ports, but this is not essential. ”

“ All that a military blockade can do is by a judicious disposition of superior force, either to prevent the enemy coming out at all, or to secure that if he does come out he shall be brought to action. The former method is only applicable where the blockader's superiority of force is so great that his adversary cannot venture at the outset to encounter his main fleets in the open, and in that case the establishment of a blockade of this character is for many purposes practically tantamount to securing the command of the sea to the blockader so long as the blockade can be maintained. ”

“ The object of blockade is to destroy the commerce of the enemy, and cripple his resources by arresting the import of supplies and the export of products. It may be made effectual by batteries ashore as well as by ships afloat. In the case of an inland port, the most effective blockade would be maintained by batteries commanding the river or inlet by which it may be approached, supported by a naval force sufficient to warn off innocent, and capture offending vessels attempting to enter. ”

“ These facts explain why the United States fleet were unable wholly to stop blockade-running. It was, indeed, impossible to do so; the result to the very close of the war proves this assertion; for in spite of the vigilance of the fleet, many blockade-runners were afloat when Fort Fisher was captured. In truth the passage through the fleet was little dreaded; for although the blockade-runner might receive a shot or two, she was rarely disabled; and in proportion to the increase of the fleet, the greater would be the danger (we knew,) of their firing into each other. ”

“ I have now come to the end of my blockade-running yarns. I have endeavoured to avoid giving offence to anyone: to the American officers and men who manned the cruisers I can, as a nautical man, truly and honestly give the credit of having most zealously performed their hard and wearisome duty. It was not their fault that I did not visit New York at the Government's expense; but the old story that 'blockades, to be legal, must be efficient,' is a tale for bygone days. So long as batteries at the entrance of the port blockaded keep ships at a respectable distance, the blockade will be broken. ”

“ The situation in which a blockade is set up by one belligerent and submitted to by the other is not identical with an effective command of the sea, though in certain circumstances it may approximate very closely to it. The blockaded forces may not be so thoroughly intimidated by the superior forces of the blockaders that they could not or would not, if they could, seek a favourable opportunity for breaking or evading the blockade imposed upon them. ”