469. A blockade by simple fact ceases withi the fact itself; when it is accompanied by public notification, the blockade is supposed to exist till it has been publicly withdrawn.

470. A breach of blockade subjects the vessel and all the property engaged in it to confiscation.

471. On the breaking out of war the Admiralty Court is clothed by the Crown with the authority of a Prize Court, such authority being limited to the continuance of that war.

472. The Prize Court is a Court of the Law of Nations.

473. In the United States of America the District and Circuit Courts possess all the powers of a Prize Court.

474. In France the Conseil des Prises take cognizance of all cases of prize.

475. By the Geneva Convention of August 22, 1864, modified in 1868, ambulances and military hospitals are to be regarded as neutral, and as such they are to be protected and respected by belligerents.

476. By a declaration signed at St. Petersburg, dated November 29, 1868, the signatory States bound themselves to renounce, in case of war among themselves, the employment by their military or naval troops of any projectile of a weight below 400 grammes, which is either explosive or charged with fulminating or inflammable substance.

477. No belligerent has a right to destroy the great features of nature, to choke up the avenues by which population communicate with the world without, and to deprive mariners of ports of refuge from the perils of the sea.

478. The end of war is peace.

U

CHAPTER XXV.

NEUTRALITY.

479. NEUTRALITY consists in abstinence from active interference in favour of either belligerent, and in a continuous adherence to impartiality towards them all.

During the American War of 1862-64, neutrality was designated as benevolent or malevolent. A nation exhibiting in her dealings sympathy and good-will towards both belligerents, and carefully abstaining from placing in the hands of either the means of injuring the other, would be held to practise a benevolent neutrality. A nation showing utter indifference at the success or failure of either belligerent, and putting in the hand of either every means of injuring the other, would be deemed to practise a malevolent neutrality.

480. A neutral must give no assistance to either belligerent, either in troops, arms, stores,

money, or counsel, and must not refuse to one party what he grants to the other.

481. A State has a right to preserve its neutrality in case of war between other States, and to remain neutral no declaration is required.

482. A neutral State has the right of continuing to hold friendly intercourse and trading with all the belligerents, and to carry on in time of war the trade which it was accustomed to possess in time of peace.

It was, however, held by the Prize Courts in England, in 1756, that a neutral has no right to carry on a trade during war which he never possessed in time of peace, especially a trade which might deliver a belligerent from the pressure of his enemy's hostilities. The rule of 1756 continued in force till 1798. (See 6 Rob. Rep., " Wilhelmina,” p. 4. Also Orders in Council, 1806-7.)

483. A neutral State must not allow its country to become the theatre of strategic operation, must permit no recruiting of troops within its borders, nor allow any ship to arm in its ports.

484. Though permitted to continue to trade with both belligerents, the subjects or citizens of

a neutral State must not carry to either any article known as contraband of war.

485. Contraband of war consists of those articles which are in direct use in war, and of those also which, though in use in time of peace, may under special circumstances be declared contraband of war.

486. Of direct use for warlike purposes are arms, munitions of war, warlike stores, and military or naval officers; also saltpetre, sulphur, gunpowder, etc.

Pitch and tar are articles of direct use in war, and are included as contraband of war. But they form the principal articles of industry in Sweden and Norway. A treaty was therefore concluded between Sweden and Holland, whereby these articles should be considered not as absolutely contraband, nor yet as entirely free and innocent, but as liable to the exercise of the right of war, that they should be subject to seizure for pre-emption ("The Neptunus," 6 Rob. Rep., p. 405).

Bynkershoek is in favour of not admitting as contraband those things which are of promiscuous use in peace and war (see Ortolan, vol. ii. p. 129). The following treaties were concluded since 1815, restricting contraband of war to arms and munitions of war, viz.: