The Declaration of London recognises by article 7—see above, § [386]—that a vessel which, on account of distress, entered a blockaded port, must be allowed to leave it afterwards, provided she has neither discharged nor shipped cargo there. And article 16, second paragraph—see above, § [384]—enacts that a vessel coming out of a blockaded port must be allowed to pass free, if, through the negligence of the commander of the blockading fleet, no declaration of blockade has been notified to the local authorities, or if, in the declaration as notified, no period has been mentioned within which neutral vessels might come out. But beyond these the Declaration of London does not specify any cases in which egress is not considered breach of blockade. The International Prize Court will, if established, have to develop a more detailed practice concerning the matter.
Passage through Unblockaded Canal no Breach of Blockade.
§ 388. A breach of blockade can only be committed by passing through the blockaded approach. Therefore, if the maritime approach to a port is blockaded whilst an inland canal leads to another unblockaded port of the enemy or to a neutral port, no breach of blockade is committed by the egress or the ingress of a vessel passing such canal for the purpose of reaching the blockaded port.[803]
[803] The Stert (1801), 4 C. Rob. 65. See Phillimore, III. § 314.
Although the Declaration of London does not mention this point, the International Prize Court would surely decide it as stated, since this decision is based on common sense.
V CONSEQUENCES OF BREACH OF BLOCKADE
See the literature quoted above at the commencement of § [368].
Capture of Blockade-running Vessels.
§ 389. It is universally recognised that a vessel may be captured for a breach of blockade in delicto only, that means, during the time of an attempt to break it, or of the breach itself. But here again practice as well as theory hitherto have differed much, since there has been no unanimity with regard to the extent of time during which an attempt of breach and the breach itself could be said to be actually continuing.
It has already been stated above in § [385] that it has been a moot point from what moment a breach of blockade could be said to have been attempted, and that according to the practice of Great Britain and the United States an attempt was to be found in the fact that a vessel destined for a blockaded port was starting on her voyage. It is obvious that the controversy bore upon the question from what point of time a blockade-running vessel must be considered in delicto.