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A TABLE

Of the Titles contained in the Index.

ACTIONS and Credits of an Ene- Contraband,

Contracts at the Civil Law. my, Actions at Civil Law,

Declaration of War, Aitzema,

Deserters, Algerines,

Dominion of the Sea,
Alien Enemy,

Dutch,
Allies,
Ancient Writers on Maritime Law,

Enemies,
Arms,

Enemy's Goods, Army

English,

Enlisting in Foreign Service, Bays,

Enlisting men on Foreign Territory, Barbary,

Expatriation.
Bergen,
Besieged Places,

Fishery,
Blockade,

Fleet,
Bottomry.

Foreign Laws,
Foreign Sentences,

Fraud,
Camps,
Captains of Privateer Ships,

Freight,

French,
Captures,

Fortifications.
Casus Federis,
Choses in Action,
Civil Law,

Generosity,
Civil Rights,

Goods and Chattels,
Commerce,

Governments.
Commission,
Conclusiveness of the Sentences of Holsters.

Foreign Prize Courts,
Confiscation,

Immovables situate in an Enemy's Conquered Countries,

Country, Consolato del Mare,

Insurance (Contract of)

+2C

Insurance of Enemy's Property, and Prisoners, of Trade with Enemies.

Privateers, Joint Capture,

Prizes, Jurisdiction,

Prize Courts, Jus Pignoris,

Promises, Justice.

Property

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ACTIONS AND CREDITS OF

AITZEMA.
AN ENEMY
Character of his book, Of Matters of

25

State and War
May be lawfully confiscated 51
But the advantage and security of com-

ALGERINES.
merce has induced in Europe, a ge-

See Africa.
neral relaxation from this severity

57
Stipulation on this subject, between

ALIEN ENEMY.
Great Britain and the United States Residing in a country, under a license

52 from the sovereign, may sue and
Actions and credits not confiscated, be sued

195
ipso jure, there must be a judgment In England, a plea of alien enemy must
of condemnation; otherwise they re negative the fact, that the alien is
turn to the first owner, after the residing under a safe conduct ibid.
war

57 See Enemies. Safe Conduct.

ALLIES.
ACTIONS AT CIVIL LAW.

Considered as one state

71, 115
Actio negotiorum gestorum 42 What is to be done by a state bound by
de pauperie

149
conflicting alliances?

70
noxalis

ibid.

Remarkable instance of two nations at
exercitoria

150

the same time in alliance and at war
institoria

ibid.
with each other

125
Territories belonging to an ally, and
AFRICA.
reconquered from the common ene-

ibid.
The Algerines, Tunisians and Tripoli-

my, to be restored
tans, and other nations inhabiting
the coast of Barbary in Africa, not
to be considered as pirates

131

ANCIENT WRITERS ON MARI-
They have a regular government of

TIME LAW
their own, send and receive ambas- Treated with disrespect by the author
sadors, and make treaties 132
Make slaves of their prisoners ibid. Vindication of their character 171
The Spaniards make slaves of them
in like manver

ibid.

ARMS.
The Dutch sell them to the Spaniards By the Roman law, individuals were

to be made slares of, but do not not allowed to manufacture arms,
keep them in slavery at home 21, without a special permission from

132
the government

99

44, 171

Now arms may be sold at home to And the English those of Spain

belligerents, by the subjects of a But the right was always controverted
neutral state
178 and denied

31, 92
But must not be carried by neutrals to See Trade with Blockaded and Besieg-

the belligerent's country ibid. ed Places.
Much less to a besieged town or block-
aded port

82

BOTTOMRY.
See Contraband. Blockade.

By the Roman law, the bottomry or

respondentia 'creditor does not lose
ARMY,
the benefit of his pledge by the con-

98
Wherever it may be, is considered in Nor by the law of nations, when con-

fiscation of the ship or cargo
many respects, as a præsidium of the

fiscation is merely ex re, and not
sovereign to whom it belongs 117

81
May keep under confinement the pri-

ex delicto
soners which they have with them,

Nor when the ship or cargo are ran-
on neutral territory

somed orgiven up by the captor 192
See Presidia. Prisoners.

See Confiscation. Jus Pignoris. Mari-

time Loan.

ibid.

60

BAYS

CAMPS
Are considered as a part of the adja-
cent territory

May be besieged as well as towns 85
Case of the ship Grange, captured in
the bay of Delaware

ibid.
CAPTAINS OF PRIVATEER

SHIPS
BARBARY.

Cannot enter into a partnership to-
See Africa.

gether, as to the captures which
they may make, without the con-
sent of their owners

141
BERGEN.

Various decisions of the courts of
Capture by the English, of Dutch East

Holland thereon

ibid.
India ships in the port of 61

Responsible in cases of unlawful cap-

ture or depredation at sea, to the
BESIEGED PLACES. whole extent of the injury suffered,
See Trade with blockaded and besieged

not merely to the amount of the se-
Places.

curity given

148
See Privateers. Owners of Privateers.
BLOCKADE
Is, according to Grotius, the situation

CAPTURES
of ports shut or closely invested by Made by pirates, do not effect any
'an armed force
82 change of property

127
The modern idea of universal block- Made by vessels not commissioned,

ade, not formerly entertained 84 are considered in Great Britain and
The Dutch, however, once boasted of France, as Droits of admiralty 162

having blockaded all the British do- Examination on general principles, of
minions

31 the respective claims of the owners,
But there was no foundation for that freighters, and master and mariners
boast

ibid. of the capturing vessel, to the bene-
The Spaniards also pretended to fit of such captures, when made in

blockade all the Portuguese territo their own defence, or otherwise, in
ries
ibid. a justifiable manner

155

Decision of the author thereon 156 Made penal by the law of the United
Arguments in support of it 158 States

129
Decision of the supreme court of the Different punishment, if commission

United States in an analogous case is received within or without the
of salvage

ibid. limits of the United States ibid.
Property captured, and afterwards ran- See Letters of Marque and Reprisal.

somed or given up by the enemy, Privateers. Piracy. Pirates.
is not thereby liberated from the
claims of the insurer or lender at
maritime risk

192
See Property. Pirates. Privateers. CONCLUSIVENESS of the SEN-
Recapture.

TENCES of FOREIGN PRIZE

COURTS.

Effects of that doctrine in England and
CASUS FOEDERIS.

the United States

169
See Treaties of Defensive Alliance. Originated in misapprehension and

mistake

Reprobated by Lords Thurlow and
CHOSES IN ACTION,

Ellenborough

169
See Actions and Credits.

Exploded in Pennsylvania and New
York

ibid.
Evaded in England, and how ibid.
CIVIL LAW.
See Contracts at the Civil Law. Ac-
tions at Civil Law. Roman Law.

CONFISCATION,
Law of Nations.

The only penalty at present for carry-
ing contraband goods to the enemy

74, 75
CIVIL RIGHTS

Extinguishes every prior lien 32
Distinguished from military rights Except when the property is only

116

condemned ex re, and not ex de-
See Military Rights.

licto

ibid.

168

55

COMMERCE
Ceases ipso jure between enemies 23

CONQUERED COUNTRIES
Sometimes permitted on both sides in Pass cum onere, in the same manner

as lands purchased
war

191
Which state of things is a middle state
between war and peace

25
But how when the same trade which

CONSOLATO DEL MARE.
is carried on between the bellige- Styled a farrago of nautical laws 44
rents, is prohibited to neutrals? ibid. Vindicated

171
See Trade with Enemies. Trade with
Blockaded and Besieged Places.

CONTRABAND.

Contraband articles are those which
COMMISSION.

are proper for war, although they
Irregular in a subject to accept a may be used out of war

77
commission from a foreign sove- Such are arms, warlike stores, and
reign, without the permission of his materials of themselves fit to be
own
130 used in war

78

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