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shall, by adding to the number of the guns of such vessel, or by changing those on board for other guns, or by the addition of any equipment for war, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the warlike force of any ship or vessel of war or cruiser, or other armed vessel, which at the time of her arrival in any part of the United Kingdom, or any of His Majesty's dominions, was a ship of war, cruiser, or armed vessel in the service of any foreign prince, State, or potentate, or of any person or persons exercising or assuming to exercise any powers of government in or over any colony, province, or part of any province or people belonging to the subjects of any such prince, State, or potentate, or to the inhabitants of any colony, province, or part of any province or country under the control of any person or persons so exercising or assuming to exercise the powers of government, every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon being convicted thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the Court before which such offender shall be convicted.
Now, in order that none of our subjects may unwarily render themselves liable to the penalties imposed by the said statute, we do hereby strictly command, that no person or persons whatsoever do commit any act, matter or thing whatsoever, contrary to the provisions of the said statute, upon pain of the several penalties by the said statute imposed, and of our high displeasure.
And we do hereby further warn all our loving subjects, and all persons whatsoever entitled to our protection, that if any of them shall presume, in contempt of this Royal Proclamation, and of our high displeasure, to do any acts in derogation of their duty as subjects of a neutral sovereign, in the said contest, or in violation or contravention of the law of nations in that behalf — as, for example and more especially, by entering into the military service of either of the said contending parties as commissioned or non-commissioned officers or soldiers; or by serving as officers, sailors, or marines on board any ship or vessel of war or transport of or in the service of either of the said contending parties; or by serving as officers, sailors, or marines on board any privateer bearing letters of marque of or from either of the said contending parties; or by engaging to go or going to any place beyond the seas with intent to enlist or engage in any such service, or by procuring or attempting to procure within her Majesty's dominions, at home or abroad, others to do so; or by fitting out, arming or equipping any ship or vessel to be employed as a ship-of-war, or privateer, or transport, by either of the said contending parties; or by breaking, or endeavoring to break, any blockade lawfully and actually established by or on behalf of either of the said contending parties; or by carrying officers, soldiers, despatches, arms, military stores or materials, or any article or articles considered and deemed to be contraband of war according to the law of modern usage of nations, for the use or service of either of the said contending parties, all persons so offending will incur and be liable to the several penalties and penal consequences by the said statute, or by the law of nations, in that behalf imposed or denounced.
And we do hereby declare that all our subjects and persons entitled to our protection who may misconduct themselves in the premises will do so at their peril and of their own wrong, and that they will in nowise obtain any protection from us against any liability or penal consequences, but will, on the contrary, incur our high displeasure by such misconduct.
Given at our Court at the
White Lodge,
Richmond Park, this 13th day of May, in the year of our Lord 1861, and in the 24th year of our reign.
God save the Queen.
--
London Gazette, May 14.
Discussion in the House of Lords.
In the House of Lords, on the 16th ult., the
Earl of Ellenborough said he wished to put a question to his noble friend the Lord President, on the subject of Her Majesty's recent proclamation.
It seemed to him to be of essential importance that the proclamation which instructed Her majesty's subjects how they were to conduct themselves with regard to the unfortunate war which now existed in
America, should be so clear and unambiguous, that it should not be necessary for a man to consult his lawyer how it should be interpreted, or if he did consult his lawyer, that the lawyer should have the means of giving a clear answer, which as things now stood, he did not think he had. As to the law of
England, the proclamation was clear enough, but it was different with regard to that part which treated of the law of nations.
A great deal of doubt existed as to the meaning of the proclamation on that point.
Her Majesty's subjects were “warned not to break or endeavor to break any blockade lawfully and actually established by either of the belligerent parties.”
Now, he wanted to know in what sense they were to understand the expression, lawfully and actually established.
They were at present under an obligation to adhere to the Maritime law agreed to by the Plenipotentiaries at the Congress of Paris, which declared that, “in order to be binding, a blockade must be an effectual blockade” --that was to say, that it should be maintained by a force sufficient to prevent access to the enemy's coasts.
If these words were to e understood in their strict literal signification, a blockade was a thing almost physically impossible, because no nation in the world possessed a fleet large enough for this purpose.
It must, therefore, be capable of receiving some explanation.
Blockades were carried on by ships at sea, and by ships under
