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Right of the Master and Crew of a Captured Ship to Effect her Rescue

Published online by Cambridge University Press:  04 May 2017

Charles Noble Gregory
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Extract

A Merchant ship captured in war by a cruiser is commonly put in the hands of a prize crew and, often with her own master and crew aboard, directed to proceed to the nearest port of the captor available for adjudication as to prize or no prize

The cases in which the original master and crew have, during such transit, risen against the prize crew and, by force or fraud or both regained control of the ship are fairly numerous. It is proposed to examine the legality of such a course, and the rights derived therefrom; also the rights in the premises of the belUgerent whose possession is displaced.

Type
Research Article
Information
American Journal of International Law , Volume 11 , Issue 2 , April 1917 , pp. 315 - 326
Copyright
Copyright © American Society of International Law 1917

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References

1 Bouvier's Law Dictionary, title, “Rescue in Maritime Law.”

2 The Two Friends, McDougal master, 1 C. Robinson, 271.

3 3 C. Robinson, 292; Scott's Cases Intern. L. p. 653.

4 See “Breach of Blockade Capture Rescue,” opinion of Hon. Felix Grundy, Attorney General, Oct. 11, 1838, 3 Opinions Atty. Genl. 377.

5 Acton's Report, Vol. 1, p. 34, High Court of Appeals, 1809.

6 The Emily St. Pierre (1864), Dana's Wheaton, 475 Note, Scott's Cases, p. 655.

7 Rob. V. p. 232.

8 See An Historical Account of the Neutrality of Great Britain during the American Civil War, pp. 325 - 329.

9 See article by this writer, Yale Law Review, Dee. 1904, p. 84.

10 Official Record U. 8. & Confederate Navies, Series 1, Vol. 10, pp. 60-61.

11 Bordwell's Law of War, p. 242.

12 See 2 Westlake's International Law, p. 64.

13 International Law, p. 216.

14 See Davis' Elements of Int. Law, 3d ed. p. 315.

15 Stockton's Outlines of International Law, p. 320.

16 2 Westlake's International Law, 64; Bordwell's Law of War, 241-2; Hershey's Essentials of International Law, p. 376.

17 International Law Applied to Russo-Japanese War, p. 138.

18 London Times, April 24, 1915, quoted Stowell & Munro’s International Cases, War and Neutrality, p. 207.