Blockade

TJ^e ii;i Vestment of a seaport by a competent naval force, with a view of cutting off all coramunioation of comnjerce.i Every nation, of common right, as a municipal regulation, may declare what places shall be ports of entry and delivery, and enforce the regulation by such means and with such penalties as it pleases. The term does not apply to an embargo, like that of 1808. That exists only where the forces of one nation encompass the ports of another. A blockade interrupts trade and commimication to neutrals. ^ The President has a right to institute a blockade of ports in possession of persons in armed rebellion against the government, on principles of international law. Neutrals have a right to challenge the existence of a blockade de facto, and also the authority of the party exercising the right to institute it.. They have a right to enter the ports of a friendly nation for purposes of trade and commerce, but are bound to recognize the rights of a belligerent engaged in actual war to use this mode of coercion for the purpose, of subduing the enemy.

3 Simple blockade.

Such blockade as may be established by a naval ofiacer acting upon his own discretion or under direction of superiors, without governmental notification.

Public blockade

Is not only established in fact, but is notified, by the government directing it, to other governments.* In the case of a simple blockade, the captors of prize property, are bound to prove its existence at the time of the capture; while in Hie case of a public blockade, the claimanf^ are held to proof of discontinuance in order to protect themselves from the penalties of attempted violation. The blockade of the rebel ports was of the latter sort. It is the duty of the belligerent government to give prompt notice of the discontinuance of a public blockade. If it fails to do so, proof of discontinuance may be otherwise made; but, subject to just responsibility to other nations, it must judge for itself when it can dispense with a blockade.* Evidence of intent to violate a blockade may be collected from bills of lading, from letters and other papers found on board the captured vessel, from acts and words of the owners or hirers of the vessel and the shipper of the cargo and their agents, and from the spoliation of papers in apprehension of capture.* No paper or oonstruotive blockade is allowed by international law. ^ Compare Embargo.