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BLOCKADE, international law. The actual investment of a port or place by a hostile force fully competent to cut off all communication therewith, so arranged or disposed as to be able to apply its force to every point of practicable access or approach to the port or place so invested.
     2. It is proper here to consider, 1. by what authority a blockade can be established; 2. what force is sufficient to constitute a blockade; 3. the consequences of a violation of the blockade.
     3. - 1. Natural sovereignty confers the right of declaring war, and the right which nations at war have of destroying or capturing each other's citizens, subjects or goods, imposes on neutral nations the obligation not to interfere with the exercise of this right within the rules prescribed by the law of nations. A declaration of a siege or blockade is an act of sovereignty, 1 Rob. Rep. 146; but a direct declaration by the sovereign authority of the besieging belligerent is not always requisite; particularly when the blockade is on a distant station; for its officers may have power, either expressly or by implication, to institute such siege or blockade. 6 Rob. R. 367.
     4. - 2. To be sufficient, the blockade must be effective, and made known. By the convention of the Baltic powers of 1780, and again in 1801, and by the ordinance of congress of 1781, it is required there should be a number of vessels stationed near enough to the port to make the entry apparently dangerous. The government of the United States has, uniformly insisted, that the blockade should be effective by the presence of a competent force, stationed and present, at or near the entrance of the port. 1 Kent, Com. 145, and the authorities by him cited; and see 1 Rob. R. 80; 4 Rob. R. 66; 1 Acton's R. 64, 5; and Lord Erskine's speech, 8th March, 1808, on the orders in council, 10 Cobber's Parl. Debates, 949, 950. But "it is not an accidental absence of the blockading force, nor the circumstance of being blown off by wind, (if the suspension and the-reason of the suspension are known,) that will be sufficient in law to remove a blockade." But negligence or remissness on the part of the cruisers stationed to maintain the blockade, may excuse persons, under circumstances, for violating the blockade. 3 Rob. R. 156 .) 1 Acton's R. 59. To involve a neutral in the consequences of violating a blockade, it is indispensable that he should have due notice of it: this information may be communicated to him in two ways; either actually, by a formal notice from the blockading power, or constructively by notice to his government, or by the notoriety of the fact. 6 Rob. R. 367; 2 Rob. R. 110; Id. 111, note; Id. 128; 1 Acton's R. 6 1.
     4. - 3. In considering the consequences of the violation of a blockade, it is proper to take a view of what will amount to such a violation, and, then, of its effects. As all criminal acts require an intention to commit them, the party must intend to violate the blockade, or his acts will be perfectly innocent; but this intention will be judged of by the circumstances. This violation may be, either, by going into the place blockaded, or by coming out of it with a cargo laden after the commencement of the blockade. Also placing himself so near a blockaded port as to be in a condition to slip in without observation, is a violation of the blockade, and raises the presumption of a criminal intent. 6 Rob. R. 30, 101, 182; 7 John. R. 47; 1 Edw. R. 202; 4 Cranch, 185. The sailing for a blockaded port, knowing it to be blockaded, is, it seems, such an act as may charge the party with a breach of the blockade. 5 Cranch, 335 9 Cranch, 440, 446; 1 Kent, Com. 150. When the ship has contracted guilt by a breach of the blockade, she may be taken at any time before the end of her voyage, but the penalty travels no further than the end of her return voyage. 2 Rob. R. 128; 3 Rob. R. 147. When taken, the ship is confiscated; and the cargo is always, prima facie, implicated in the guilt of the owner or master of the ship and the burden of rebutting the presumption that the vessel was going in for the benefit of the cargo, and with the direction of the owners, rests with them. 1 Rob. R. 67, 130 3 Rob. R. 173 4 Rob. R. 93; 1 Edw. It 39. Vide, generally, 2 Bro. Civ. & Adm. Law, 314 Chit. Com. Law, Index, h. t.; Chit. Law of Nations, 128 to 147; 1 Kent's Com. 143 to 151; Marsh. Ins. Index, h. t.; Dane's Ab. Index, h. t.; Mann. Com. B. 3, c. 9.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
(23) This is a strategically important consideration, because smart blockaders typically aim to minimize disruption to shipping between neutral countries so as to maximize political support for--or, at a minimum, tolerance of--the blockade.
Although the blockaders were violating Canadian law by their actions, had they not taken the actions they did they would have been in violation of Haida law.
I was courteous and receptive as I sought out diverse perspectives, but I also remained honest about my fundamental support for the blockaders at Slant Lake and their long-term goals of environmental protection, cultural revitalization, and political self-determination.
Even if a shipper honestly declared that a quarter of the cargo was headed to China, a blockader might create very serious diplomatic and economic repercussions if it detained a vessel that was also carrying crude to South Korean and Singaporean buyers.
Merrill, "Men, Monotony and Mouldy Beans--Life on Board Civil War Blockaders," American Neptune 16 (Jan.
The final four chapters detail the blockaders' frenetic efforts in the first two years to effectively oppose the province's "Forest Management Plan." As an anthropologist, Willow is interested in relationships that develop out of the exigencies of Indigenous activism.
For Reverend Kyle Childress, it meant providing spiritual support for the work of Tar Sands Blockaders who had descended on an East Texas town.
Some community members, including some seasoned blockaders, told Windspeaker that divisions have emerged among band members and even within families over whether taking over logging of the territories is the right path forward for the community.
But the latest act of suspected militants came as the country witnesses a continued unrest since January 6 when Bangladesh Nationalist Party (BNP) of former prime minister Khaleda Zia launched a violent non-stop nationwide blockade which saw more than 110 people die, mostly from clandestine arson attacks on buses and trucks by suspected blockaders.
Bruno is hunted; the blockaders are incarcerated in jail; a promised biosphere reserve is not created; and then circumstances force Bruno to leave.
But Admiral Scheer, the new commander of the High Fleet in 1916, viewed German naval policy as too defensive and advocated more raids on the British blockaders as well as the use of the relatively-new submarines and widespread laying of mines.
Andreas clearly describes the unappreciated importance of the "naval" aspects of the war as well as North-South trade during the war, the Confederacy's grand miscalculation regarding King Cotton and the blockade, and the for-profit and largely nonviolent battle between blockaders and blockade runners.