The Olinde Rodrigues

Citations

• 174 U.S. 510
• 19 S. Ct. 851
• 43 L. Ed. 1065
• 1899 U.S. LEXIS 1515

Syllabus

<p>A blockade to be binding must be known to exist.</p> <p>There is no rule of law determining that the presence of a particular •force is necessary in order to render a blockade effective, but, on the contrary, the test is whether it is practically effective, and that is a mixed question, more of fact than of law.</p> <p>While it is not practicable to define what degree of danger shall constitute a test of the efficiency of a blockade, it is enough if the danger is real and apparent.</p> <p>An effective blockade is one which makes it dangerous for vessels to attempt to enter the blockaded port; and the question of effectiveness is not controlled by the number of the blockading forces, but one modern' cruiser is enough as matter of law, if it is sufficient in fact for the purpose, and renders it dangerous for other craft to enter the port.</p> <p>The blockade in this case was practically éffeetive, and, until it should be raised by an actual driving away by the enemy, it was not. open to a neutral trader to ask whether, as against a possible superiority of the enemy’s fleet, it was or was not effective in a military sense.</p> <p>After the captors had put in their proofs, the claimant, without introducing anything further, moved for the discharge and restitution of the steamship, on the ground of the ineffective character of the blockade and because the evidence did not justify a decree of condemnation; and in addition claimed the right to adduce further proofs, if its motion. should be denied. Held, that the settled practice of prize courts forbids the taking of further proof under such circumstances.</p> <p>The entire record in this case being considered, the court is of opinion that restitution of the Olinde Rodrigues should be awarded, without damages, and that payment of the costs and expenses incident to her custody and preservation, and of all costs in the cause, except the fees of counsel, should be imposed upon the ship.</p>