INTRODUCTORY CHAPTER. i
in the late war. The results of the decisions of
the Prize Courts of all the belligerents, as shown by
Dr. Colombos, afford evidence of the truth of this
proposition. But as regards our own Prize Court, the
distinction was never abandoned, and still remains, so
far as British Prize Law is concerned. The conditions
of the late war may not be repeated, and the abandon-
ment of the distinction might well have an unfortunate
reaction in other departments of the laws of war. The
Declaration of Paris, 1856, deprived a belligerent of a
right, which he had exercised for centuries, of seizing
enemy property on neutral vessels; the justifiably
extended lists of Contraband seriously limited the opera-
tion of this provision. The first application of the
doctrine of Continuous Voyage to Contraband by
British Prize Courts was in the case of The Kim.
In so acting they were following the precedents
set by the Prize Courts of the United States during
the Civil War; there were also previous French and
Italian decisions to the like effect. The details of
the application of this doctrine, and the wide extension
of the idea of Contraband can be fully appreciated from
the pages dealing with these topics. They show a logical
development from existing principles of Prize Law,
warranted by the circumstances of the war, though
Dr. Colombos suggests that in some cases the develop-
ment was unduly extended. The Prize Courts, both
of Great Britain and of the other belligerent States,
extended the doctrine of Continuous Voyage beyond the
application which it had hitherto received. But this
extension was in conformity with the line of develop-
ment of the law. The decisions of the Prize Courts of
the United States during the Civil War marked an
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