Saphroneth
Lt. Colonel
- Joined
- Feb 18, 2017
This is split off from a discussion in the What-If forum, where it was cluttering up the thread there a bit. The topic of discussion is international law in the 1860s, as it stood, with regards to blockades and civilian shipping.
Via Chelyabinsk, the laws on registering a ship in a given nation were often quite strict:
Austria: 'The crew shall be composed of two-thirds at least of Austrian subjects' (1852) 'Austrian subjects only being able to be owners of ships, the captain is bound to make known a foreign owner, and denounce him to the authority, as soon as it is known to him, under the lawful penalties, and even of condemnation to death, in case of fraud or damage to the state. (1852)
Hanseatic Towns: 'vessels owned by citizens of either of those republics, wherever built, shall be deemed Hanseatic, provided they are manned by a Hanseatic citizen and that three-fourths of the crew are subjects of those cities' (1850) 'A ship belonging to a citizen of Hamburg, is a Hamburg vessel' (1852) 'To navigate a vessel under the Hamburg flag, it is necessary to be a citizen of Hamburg.' (1852)
Prussia: 'None can be considered Prussian ships, and entitled to use the Prussian flag, but those, which belong to Prussian subjects, and if such ships are held in common ownership by many persons, all must be Prussian subjects... it is not absolutely requisite, that the national character of the crew or the build of the vessel should be Prussian' (1845)
France: 'No vessel is entitled to the privileges of a French ship unless, 1st, she is built in some French port; or, 2d, captured from the enemy and condemned as a prize; or, 3d, after being stranded on the coast of France or of some French possession, and publicly sold to a French purchaser, her repairs cost four times as much at the purchase money. By the laws of France, two-thirds of the crews of French ships must be French subjects; the other third may be foreigners; but owning to the number of seamen unemployed since the late war, the employment of any foreign seamen is forbidden by order of the government' (1834) 'No ship is entitled to national privileges unless the half at least belong to Frenchmen, or to foreigners to whom civil rights have been granted. That a ship may have the privileges of a French ship she must have been built in France. It is therefore unlawful to give ship's papers to any ship built or purchased in foreign countries.' (1863)
Spain: 'The officers and two-thirds of the crew of a Spanish vessel must be Spanish born subjects, on all ordinary voyages; for the slave trade, the captain and one-half of the crew.' (1834) 'None can be captain but a Spaniard, or a naturalised Spaniard, who is capable of binding himself, and resides in the kingdom.' (1852)
Portugal: 'The following only are registered as Portuguese vessels: ships of Portuguese construction, those legally captured and adjudged as prizes, and those purchased by Portuguese subjects, after payment of the duty exacted.' (1852) 'Every captain must be born in the two kingdoms or its colonies' (1852)
Netherlands: 'Foreign built ships, owned wholly by subjects of the kingdom, are considered national. But, after the expiration of five years from the restoration of the colonies, a ship, in order to enjoy the national character, must be built in the mother country or the colonies... It is not required that ships of the country be manned wholly or in part by subjects of the kingdom.' (1834)
Russia: 'The licenses for navigating under the colours of a Russian mercantile marine, must be signed by the council of the Admiralty, and transmitted to the Department of Foreign Affairs, who affixes to it the State stamp, and receives the duties... The emperor alone can give to a foreign vessel the authority to sail under Russian colours... Up to 1840 the crew of a Russian ship might be composed of three-fourths foreigners, dating from 1840 to 1850 of one-half, and after 1850 of one quarter only. It was only up to 1840 that the captain might have been a foreigner; but, since that time, he must be a Russian.' (1852) 'The owners of vessels may complete their crew with foreign masters or seamen, if Russian subjects are insufficient for the service... Merchants of the first and second "guild" have alone the right to purchase foreign vessels. The Russian custom-houses cannot grant the papers to vessels bought from foreigners, until the purchasers exhibit the proper documents showing that all the formalities have been fulfilled.' (1863)
And the Union was not immune to this desire, which was rooted in the idea that if one was protecting shipping then one should get trained, employed seamen out of it:
'An Act, in addition to an act, entitled "An act concerning the registering and recording of ships and vessels"' (27 June 1797)
'no vessel which has been, or shall be registered, pursuant to any law of the United States... that shall by sale become the property of a foreigner or foreigners, shall, after the passing of this act, be entitled to, or capable of receiving a new register, notwithstanding such ship or vessel should afterwards become American property; but that all such ships and vessels shall be taken and considered, to all intents and purposes, as foreign vessels'
'An act to regulate the registration of vessels' (10 February 1866)
'no ship or vessel, which has been recorded or registered as an American vessel, pursuant to law, and which shall have been licensed or otherwise authorised to sail under a foreign flag, and to have the protection of any foreign government during the existence of the rebellion, shall be deemed or registered as an American vessel'
Note that for the purposes of this thread we are considering law and precedent as it stood, not how it might have been finagled around.
Via Chelyabinsk, the laws on registering a ship in a given nation were often quite strict:
Austria: 'The crew shall be composed of two-thirds at least of Austrian subjects' (1852) 'Austrian subjects only being able to be owners of ships, the captain is bound to make known a foreign owner, and denounce him to the authority, as soon as it is known to him, under the lawful penalties, and even of condemnation to death, in case of fraud or damage to the state. (1852)
Hanseatic Towns: 'vessels owned by citizens of either of those republics, wherever built, shall be deemed Hanseatic, provided they are manned by a Hanseatic citizen and that three-fourths of the crew are subjects of those cities' (1850) 'A ship belonging to a citizen of Hamburg, is a Hamburg vessel' (1852) 'To navigate a vessel under the Hamburg flag, it is necessary to be a citizen of Hamburg.' (1852)
Prussia: 'None can be considered Prussian ships, and entitled to use the Prussian flag, but those, which belong to Prussian subjects, and if such ships are held in common ownership by many persons, all must be Prussian subjects... it is not absolutely requisite, that the national character of the crew or the build of the vessel should be Prussian' (1845)
France: 'No vessel is entitled to the privileges of a French ship unless, 1st, she is built in some French port; or, 2d, captured from the enemy and condemned as a prize; or, 3d, after being stranded on the coast of France or of some French possession, and publicly sold to a French purchaser, her repairs cost four times as much at the purchase money. By the laws of France, two-thirds of the crews of French ships must be French subjects; the other third may be foreigners; but owning to the number of seamen unemployed since the late war, the employment of any foreign seamen is forbidden by order of the government' (1834) 'No ship is entitled to national privileges unless the half at least belong to Frenchmen, or to foreigners to whom civil rights have been granted. That a ship may have the privileges of a French ship she must have been built in France. It is therefore unlawful to give ship's papers to any ship built or purchased in foreign countries.' (1863)
Spain: 'The officers and two-thirds of the crew of a Spanish vessel must be Spanish born subjects, on all ordinary voyages; for the slave trade, the captain and one-half of the crew.' (1834) 'None can be captain but a Spaniard, or a naturalised Spaniard, who is capable of binding himself, and resides in the kingdom.' (1852)
Portugal: 'The following only are registered as Portuguese vessels: ships of Portuguese construction, those legally captured and adjudged as prizes, and those purchased by Portuguese subjects, after payment of the duty exacted.' (1852) 'Every captain must be born in the two kingdoms or its colonies' (1852)
Netherlands: 'Foreign built ships, owned wholly by subjects of the kingdom, are considered national. But, after the expiration of five years from the restoration of the colonies, a ship, in order to enjoy the national character, must be built in the mother country or the colonies... It is not required that ships of the country be manned wholly or in part by subjects of the kingdom.' (1834)
Russia: 'The licenses for navigating under the colours of a Russian mercantile marine, must be signed by the council of the Admiralty, and transmitted to the Department of Foreign Affairs, who affixes to it the State stamp, and receives the duties... The emperor alone can give to a foreign vessel the authority to sail under Russian colours... Up to 1840 the crew of a Russian ship might be composed of three-fourths foreigners, dating from 1840 to 1850 of one-half, and after 1850 of one quarter only. It was only up to 1840 that the captain might have been a foreigner; but, since that time, he must be a Russian.' (1852) 'The owners of vessels may complete their crew with foreign masters or seamen, if Russian subjects are insufficient for the service... Merchants of the first and second "guild" have alone the right to purchase foreign vessels. The Russian custom-houses cannot grant the papers to vessels bought from foreigners, until the purchasers exhibit the proper documents showing that all the formalities have been fulfilled.' (1863)
And the Union was not immune to this desire, which was rooted in the idea that if one was protecting shipping then one should get trained, employed seamen out of it:
'An Act, in addition to an act, entitled "An act concerning the registering and recording of ships and vessels"' (27 June 1797)
'no vessel which has been, or shall be registered, pursuant to any law of the United States... that shall by sale become the property of a foreigner or foreigners, shall, after the passing of this act, be entitled to, or capable of receiving a new register, notwithstanding such ship or vessel should afterwards become American property; but that all such ships and vessels shall be taken and considered, to all intents and purposes, as foreign vessels'
'An act to regulate the registration of vessels' (10 February 1866)
'no ship or vessel, which has been recorded or registered as an American vessel, pursuant to law, and which shall have been licensed or otherwise authorised to sail under a foreign flag, and to have the protection of any foreign government during the existence of the rebellion, shall be deemed or registered as an American vessel'
Note that for the purposes of this thread we are considering law and precedent as it stood, not how it might have been finagled around.