That on the part of British vessels, the
"entering or communicating with any port or place in the possession or occupation of the enemy, will place the English vessel in the position of an illegal trader, and that the vessel will then be liable to the same penalties as if this Order had not been published."
With respect to Contraband, it will have to be remembered that contraband to Russia will not be contraband to England, unless it is despatches, treasonable letters, enemy's forces, secret agents or spies. Neutral property on board an enemy's vessel is not generally liable to seizure, unless on an "armed vessel of force;" but even this, by the Order, seems to be protected. By the same Order, British property on Russian vessels is not protected. It is quite in the option of neutrals, or British vessels, to break any Russian blockade.
The renunciations in these Orders are a waiver only of certain parts of the Queen's belligerent rights, and in no way diminish the state of war between England and Russia. Notwithstanding these Orders, Russo-English partnerships are dissolved, contracts with the enemy invalid, and even though a free trade is permitted, an Englishman cannot draw a good bill on a Russian, and vice-versâ. All attempts to communicate with the enemy are still illegal. The Queen has not altered her belligerent rights, she merely declares that she will not put them into motion; but that does not alter, nor can she of her own authority alter, any part of the International Law, which also is a part of our common law. These, Orders, therefore, give no power to the enemy to sue or reside here, or to make a valid indorsement to any British subject. Insurances will become legal on cargoes that by these Orders may be imported.
(From the Gazette of Tuesday.)
At the Court of Windsor, the 15th day of April, 1854, present the
Queen's Most Excellent Majesty in Council.
Whereas Her Majesty was graciously pleased, on the 28th day of March last, to issue her Royal declaration on the following terms—
"Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, having been compelled to take up arms in support of an ally, is desirous of rendering the war as little onerous as possible to the Powers with whom she remains at peace.
"To preserve the commerce of neutrals from all unnecessary obstruction, Her Majesty is willing, for the present, to waive a part of the belligerent rites appertaining to her by the Law of Nations.
"It is impossible for Her Majesty to forego the exercise of her right of seizing articles contraband of war, and of preventing neutrals from bearing the enemy's despatches, and she must maintain the right of a belligerent to prevent neutrals from breaking any effective blockade which may be established with an adequate force against the enemy's forts, harbours, or coasts.