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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 ?
(71) Therefore the People's Liberation Army Air Force and Navy would not be constrained by fuel shortages, enabling them to project power against a blockader and to maintain territorial gains and presence within the first island chain in a manner that likely would force the United States ultimately either to escalate by engaging in direct military conflict closer to China or to forgo military action in Chinas near neighborhood, effectively making China the new military hegemon in much of East and Southeast Asia.
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 hoped I could find a way to explain the Grassy Narrows blockaders' reasons for taking direct action in a way that non-Natives--academics and nonacademics alike--would find moving enough that they might be inclined, first of all, to find out what they could do to support Grassy Narrows and other Native communities facing similar challenges and, second, to examine their own role in perpetuating what many Anishinaabe people see as a colonial system that condones environmental racism.
THE OIL COMPANIES have yet to give a convincing explanation of their role which led to charges of collusion with the blockaders.
As onlookers and looters entered the city from one end, and as blockaders continued to release each other's arms and move to shelter and food, exhausted Seattle police, as well as a significant number of Sheriff and State Patrol officers who had joined in policing earlier that day under a mutual aid pact, pushed demonstrators east and north away from the center city.
In 1993, however, the Supreme Court held that the law could not provide a federal cause of action against clinic blockaders. See id.
Specializing in high-profile, precedent-setting cases, the ACLJ has already scored several major victories: a Supreme Court ruling that an anti-discrimination law may not be used to sue abortion-clinic blockaders in federal court; another Supreme Court ruling that public schools must provide church groups with "equal access" to after-school campus facilities; and a Fifth U.S.
The Court will again deal with Operation Rescue's blockades this coming year, when it will decide whether to allow the RICO law, which enhances the penalty for a pattern of "racketeering activity" and has been interpreted by the Court to apply to almost every crime in the penal code, to be used against the abortion clinic blockaders.
I wish one of those clinic blockaders would help me face one day of this pregnancy."
In treating the opposing sides of the revenue tussle, the author supplies abbreviated but revealing profiles of the social and economic influences on moonshiners (blockaders), utilizing census reports and statistical compilations to show kinship, race, and gender ingredients in the violent southern mix.
Navy blockaders had halted their first Soviet ship.
Fifteen months later, the blockaders show no signs of relenting.