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8 329.


only as between the belhgerents and neutrals, but also in its rente upon the position of the belhgerents themselves, and its possible effect upon the raoximate, and, indeed, ultimate, fortunes of the war....

The case of the Leonora was the one in which the evidence was taken, anri theArguments heard, and to which this judgment directly ap-

PUThe case for the Crown may be translated into quite simpte terms. It watthaTthe° Leonora was carrying goods of enemy ongm taiyrt rïï neutral country affording means of access to the enemy^territory^to a nort in a neutral country also affording means of access to the enemy 'eSory, a^d was therefore hable to capti^.conA»^^ Set of the carriage of such goods under the Order m Council of February zo IQI7 anTSS the goods were also hable to condemnation under the same?5teThe answer of the claimants was : The Order was illegaland Sd as against neutrals; and therefore the capture was wrongM and neither the vessel nor the goods could be condemned . . [suit Sstorique des événements qui ont donné lieu aux représaüles anglo-

fcïït3^ÏÏS5 bynhVclaimants upon the general ground that it was against the law of nations, from various Pointalt wdl be convenient tostate the several contentions m condensed.f^or the nuroose of directine attention to them as branches of the arguments. sTm^ere aTvanced and pressed by counsel for the cargo owners, others by counsel for the shipowners

I think thev may be summarised farrly as foüows .

a ^at n^meiire of retahation by abemgerent for acts of ^ enemy admittedly committed in breach of international law, or even of the dictaïes ol jitice and humanity, is justifiabte by the law of nations, | and in so far as, it affects neutrals with any mco™emenc\Z ^ther

(b) That no measure for restriction of the enemys <^^> wh*JhJ taken by way of retahation or otherwise, is justifmble by the law of natkmsif thereby the trade of neutrals by sea is interfered withl to a greate^xtent thL it is by the existing rules relating to contraband, «tript blockade. or unneutral service.

£) St no éuch measure is justüiable by the law of nations untess full compensation for aü inconvenience or loss is provided for the neu trals aftected as theh absolute and unquahfied right

^ TÏatmnSab are entitled to carry on theh seaborne trade,mth the enemy with impunity, whatever breaches of international law he may becTat any rateü they make a formal protest against his ülegal Sn^subfed: only to the risk involved in carrying contraband, or atSuS^oSreVÏ a'recognised legal blockade of the enemy's ports or territory.

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