Embargo
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A proclamation or order of state, usually issued in time of war or threatened hostilities, prohibiting the departure of ships or goods from some or all the ports of such state, until further order.
The William King, 2 Wheat. (U. S.) 148, 4 L. Ed. 206.
A civil embargo is the act of a state detaining the ships of its own citizens in port, which amounts to an interdiction of commerce, accompanied, as it usually is, by a closing of its' ports to foreign vessels. A hostile embargo is a detention, as before mentioned, of foreign vessels and property which may be in the ports of the wronged state. The detention is by way of reprisal (q. v.) and is thus distinguished from a detention of foreign vessels upon other grounds. If hostile embargo is followed by war, the vessels detained are confiscated. The term embargo is sometimes applied to the detention of foreign merchant vessels after the outbreak of war. It had been customary for belligerents to allow enemy vessels in their ports at the outbreak of hostilities to depart freely, and this custom finds a limited expression in the Convention Relative to the Status of Enemy Merchant Ships at the Outbreak of Hostilities, adopted at the Hague Convention of 1907, which provides that it is desirable that such vessels be allowed to depart freely. The detention of ships by an embargo is such an injury to the owner as to entitle him to recover on a policy of insurance against "arrests or detainments." And whether the embargo be legally or illegally laid, the injury to the owner is the same, and the insurer is equally liable for the loss occasioned by it. Marsh. Ins. b.
1, c. 12, s. 5; 1 Kent 60; 1 Bell, Diet. 517.
An embargo detaining a vessel at the port of departure, or in the course of the voyage, does not of itself work a dissolution of a charter-party, or of the contract with the seamen. It is only a temporary restraint imposed by authority for legitimate political purposes, which suspends for a time the performance of such contracts, and leaves the rights of parties untouched; 1 Bell, Diet 517. EMBASSAGE or EMBASSY. The message or commission given by a sovereign or state to a minister called an "ambassador," empowered to treat or communicate with another sovereign or state; also the establishment of an ambassador. Black, L. Diet