of _middleman_,
and is entitled to peculiar privileges.[179]

[Sidenote: Penalty for Contraband Trade.]

Under the present Law of Nations, a Contraband Cargo cannot affect the
ship; the carrying of contraband articles is attended only with loss
of freight and expenses, except where the ship belongs to the owner of
the contraband cargo, or where the simple misconduct of carrying a
contraband cargo has been connected with some malignant and
aggravating circumstances.[180]

[Sidenote: Additional Penalties.]

The aggravation of fraud justifies additional Penalties; thus, the
carriage of contraband with a false destination, will work a
condemnation of the ship as well as the cargo; the false destination
being intended to defeat the right of pre-emption.[181] Generally,
_false_ papers will extend the taint of contraband to the vessel.

It is also an established rule, that the transfer of contraband by a
neutral, from one port of a country to another, where it is required
for the purposes of war, is subject to be treated in the same manner
as an original importation into the country itself.[182]

[Sidenote: Return Voyage Free.]

Generally, the proceeds of the Return Voyage cannot be taken. From the
moment of quitting port on a hostile destination, indeed, the offence
is complete, and it is not necessary to wait till the goods are
actually endeavouring to enter the enemy's port; but beyond that, if
the goods are not taken _in delicto_, and in actual prosecution of
such a voyage, the penalty is not now generally held to attach.[183]

SECTION III.

_Blockades. Right of Search. Convoys_.

[Sidenote: Blockades.]

We now pass on to the subject of Blockade, which is the next exception
to the general freedom of neutral commerce in time of war.

A blockade is a high act of Sovran authority; it cannot be assumed or
exercised by a commander, without special authority, provided his
Government is sufficiently near at hand to superintend and direct the
course of operations; but a commander on a distant station is supposed
to carry with him such a portion of the Sovran authority as may enable
him to act with energy against the commerce of the enemy, as against
the enemy himself.[184]

Again, referring to Sir Wm. Scott's celebrated judgments, we find him
saying,

"That to constitute a violation of a state of blockade,
three things must be proved: first, the existence of the
blockade; secondly, the kn