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75

76

But not materials which are not of Those who promote desertion, not

themselves fit for warlike use, but less guilty than the deserters them-
might easily be adapted to it 78 selves

174
Grotius's distinction, as to articles

which are contraband
'Provisions not contraband, unless when
carried to a place besieged, or other-

DOMINION OF THE SEA,
wise pressed by famine 69, 73
Observation on the word otherwise

Coextensive with the power of arms

59
from the land
ibid.

92
It was formerly a capital crime at Claimed by the English nation

kome to sell arms to the barbari-See Bays. Neutral Territory. English.
ans

74
Now contraband goods are forseited

when taken in the act of carrying
to the enemy

DUTCH,
Confiscation of the goods is in such Boast of blockading the whole of the
cases the only penalty 74, 75

British dominions

31
The ship itself is not confiscated 95 Deny the same right to the Spaniards,
Nor the innocent goods, mixed with

with respect to Portugal ibid.
the contraband articles 96 Retaliate on the French, who, while
Unless they belong to the same owner

in alliance with them, refused to
with the prohibited goods 97

restore Dutch property, recaptured
See Provisions. Sword Hilts and Belts.

from the common enemy

120
Holsters. Saddles. Tobacco, Ships.

Retaliate on neutrals the injuries re-

ceived from their enemies 61, 86
Their conduct approved of by our au-
thor

ibid.
CONTRACTS AT THE CIVIL Contrary to his own principles 33, 86
LAW.

Forbid their enemy's armed vessels
Locatio operum

163

from approaching their shores, un-
rerum

ibid.

less supported by a fleet, under the
Quasi-contract negotiorum gestorum

penalty of being treated as pirates

131
42

Confiscate their vessels purchased by

neutrals after condemnation in the
enemy's country

29
DECLARATION OF WAR, Capture and confiscate Spanish ves-
Not required by the law of nations 7 sels covered by the English flag
Customs of various nations on this

111
subject

9 The English seize their vessels, by
Precedents in modern times 11, 16

way of retaliation

112
Notice to enemy's subjects to with. Refuse to admit certain districts and
draw

12 towns into their union after recon-
See War.

quering them from the enemy 123
Complain to the king of England of
the conduct of the Ostend privateers

137
DESERTERS,

Refuse to restore to the Portuguese,
Question about delivering up, not yet their allies, countries reconquered
settled in Europe

174
from the common enemy

125
Ilvbner and Galiani's opinions there. Are in alliance, and at the same time
on

at war with Portugal

ibid.

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19, 20

ENEMIES.

And therefore freight is paid thereon
Every thing lawful against
2 to the neutral master

111
May be put to death

.19
Were formerly sold into slavery 20
Were made prisoners among the

ENGLISH
Romans when found on their terri-
tory at the commencement of a war Generous act of their government,

21

in giving notice to the Emperor of
Rarely done in our times, though

France of a design to assassinate
the right still exists

him
Modern European manners have

Prohibit all trade with the Spaniards

92
put an end to the summum jus of
war

21

Found that prohibition on their claim
Prisoners are now exchanged ac-

to the dominion of the sea 93
cording to their grades ibid.

Lend their flag to the Spaniards at
Some nations still make slaves of

war with the Dutch, and highly re-
their prisoners

ibid.

sent the condemnation of the co-
Compliments and civilities between

vered property

11L
enemies

18

Guided in their judicial decisions
The body of an enemy delivered up

by considerations of state policy
for interment

23

38, 145, 167, 172, 189
Enemy has no persona standi in ju- Capture Dutch East India ships in
dicio, and cannot sue in courts of

the port of Bergen

61
justice

55

Proceed against a French and a Spa-
Unless he resides in the enemy's

nish privateer as being pirates
country, with a safe conduct from

134, 136
the sovereign, or for a debt con- Do not permit the expatriation of
tracted in commerce allowed by the

their subjects

175
sovereign

55 See Blockade. Expatriation, Conclu-
Where he can sue, he may also be

siveness of the Sentences of Foreign
sued, and vice versâ 56, 195

Prize ('ourts.
See Alien Enemy. Actions and Credits.

Safe Conduct. Prisoners. Enemy's
Goods. Africa. Dutch. Spaniards.

ENLISTING IN FOREIGN SER-

VICE.

Unlawful to enlist into the service of
ENEMY'S GOODS
an enemy

177
Found in our country at the com- Prohibited by Duch edicts ibid.

mencement of a war may be con- Severe punishinent inflicted by the
fiscated

11 Dutch on those who should enter
Without any declaration or notice ibid. into the naval service of the enemy
Unless otherwise provided for by trea-

ibid.
ty

13 But a subject or citizen may enter
Various instancesof suclı treaties ibid. into the service of a friendly sove-
May lawfully be taken when found on reign, where no prohibition exists
board of a neutral ship 109

to the contrary

ibid.
But the neutral who carries the goods American citizens prohibited by statute

is guilty of no offence against the from enlisting within the limits
law of nations

108 of the United States) into the land
The goods are confiscated, not er de or naval service of any sovereign
licto, but ex re
111 prince

179

175

Or abroad, to serve on board of foreign An expatriated citizen is considered
privateers

129 as an alien for commercial pur-
See Expatriation.

poses

176
Quere, whether an American citizen

can expatriate himself otherwise

than in the manner which may be
ENLISTING MEN ON FOREIGN prescribed by our own laws; and
TERRITORY.

whether his expatriation will be
Not lawful to entice away soldiers from

sufficient to rescue him from pun-
the service of another prince 174

ishment for a crime committed
Nor to enlist private individuals on against the United States? ibid.

foreign territory, contrary to the
prohibition of their own sovereign

ibid.

FISHERY.
But where no such prohibition exists, Herring fishery permitted on both
men not in the actual service of their

sides, between the French and
prince may be enlisted

Dutch during war

15
No difference in principle between

enlisting men and purchasing
like stores

178
Treaty on this subject between the

FLEET,
Romans and Antiochus ibid. Wherever it may be, is considered
Enlistments for foreign service pro in many respects as a presidium of
hibited in Holland

179 the nation to whom it belongs 117
And in the United States, with the See Præsidia.

exception of transient foreigners,
subjects of the prince into whose
service they are enlisted ibid.

FOREIGN LAWS.
Difference between the Dutch and
Spaniards on this subject 180 Respect to be paid to

130
In the United States and Great Bri-

tain no regard is paid to the re-

venue laws of other countries 131
EXPATRIATION

Various opinions on this subject ibid.
Lawful, wherever the country is not
a prison

175
Not lawful among the Muscovites,

FOREIGN SENTENCES.
English, and Chinese übid

. See Conclusiveness of the Sentences of
Prohibited in France, by Louis XIV. Foreign Prize Courts.

ibid.
But was lawful there before ibid.
Was prohibited on account of the pro-

FRAUD
testants

ibid. In matters of insurance, assimilated
Is lawful by the constitution of Penn-

to piracy by the law of Holland 131
sylvania

ibid.
And by the law of the United States,

when bona fide, and under such cir-
cumstances as not to endanger the

FREIGHT,
safety of the state

176 Not allowed to the master of a neutral
Provided it is not otherwise provided vessel on contraband goods

by the law of the state from which Secus on enemy's goods ibid.
the citizen emigrates ibid. Reason of this difference

85

81

Not allowed to the captor of an ene- May be otherwise detained as soon
my's vessel in right of the master, as war is begun

15, 17
unless he has carried the goods to See War. Enemies.

the place of their destination 105
Or in certain cases, when brought to
the claimant's own country ibid.

GOVERNMENTS,
Not merely allowed pro rata itineris, Responsible to foreign states for the
but as if the whole voyage had been

unlawful conduct of their subjects
performed

112
in war

135
Not bound to repair every loss that

is occasioned by the calamities of
FRENCH,
war

194
Pursue a Spanish ship into Torbay,
and invade the houses of the in-

HOLSTERS
habitants to take the articles which Are contraband

79
the Spaniards had concealed there
Refuse to restore to the Dutch, their IMMOVABLES SITUATE IN

allies, their property recaptured
from the common enemy

AN ENEMY'S COUNTRY

119
The Dutch retaliate

120

May by the strict law of war be con-
Formerly condemned a neutral ship

fiscated

51
for having enemy's goods on board, But are now only sequestered, and
and neutral goods for being on board

the rents and profits received for
of an enemy's ship

102

the benefit of the state ibid.
The lands themselves return to the
owner at the peace

ibid.
An enemy cannot acquire lands in his
FORTIFICATIONS.

enemy's country, even by will or
Not lawful to erect or repair fortifi-

inheritance

52
cations during a truce, or pending Lands so descending, confiscated in
a capitulation
193 Holland

ibid.

65

INSURANCE (Contract of)
GENEROSITY
Defined by the author

164
Is a voluntary act, and cannot be re-

by Roccus

ibid.
quired from an enemy

The most frequent in commercial
Exemplified in the conduct of the Ro.

countries, after those of purchase,
mans and English

4
sale and hire

163
See Justice.

Not known to the ancients, and why

ibid.

The object of this contract 164, 169
GOODS AND CHATTELS
Of an enemy may be lawfully confis-
cated

17

INSURANCE OF ENEMY'S PRO-
May be removed from the enemy's

PERTY, and of TRADE WITH
territory within a certain time after ENEMIES,
- war commenced, when so stipulated Illegal on general principles 164
by treaty

17 Impolitic, as it furthers the operations
Instances of similar treaties 13 of the enemy

ibid.

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Prohibited from the earliest times, in No precise English decision on this

almost every country in Europe 165 point, in a case between privateers
Tolerated for a while by the English only

145
and Dutch

ibid. Land forces in England, not entitled
By England, during the three wars

to share in a capture without actual
which immediately preceded the cooperation

146
French revolution

ibid.
Lord Hardwicke's and Lord Mans-
field's decisions on the subject of

JURISDICTION.
similar insurances

166

By the law of nations, pirates may be
Dictated by political motives 167
Overruled by later decisions

ibid.
tried and punished wherever found

133
The freedom of insurance ought to But captures made by virtue of a com-
be coextensive with the freedom

mission from a sovereign can only
of trade

170
No insurance is lawful which is made

be tried by the tribunals of the cap-
tor

134
on a voyage prohibited by the laws Reasons given by professor Ruther-
of the country

172
Even though it be made in general

forth in support of this doctrine

135
terms

ibid.

Various schemes proposed for vesting
Property cannot be insured in En-

this power in other tribunals ibid.
gland against capture by the cruiz-

Hubner and Galiani

ibid.
ers of Great Britain, or her co-bel. The tribunals of neutral sovereigns
ligerents

ibid.

will, however, restore the property
Reason given therefor by the English

of their own subjects or citizens,
judges

ibid.
Better reason afforded by an American

brought into their own ports 136
judge

ibid.

And prizes made in violation of their
neutrality

ibid.
The courts of the United States have
done so in various instances ibid

,
Act of Congress as to captures made
JOINT CAPTURE,

within the waters or jurisdiction of
On general principles, requires actual the United States

ibid.
cooperation and assistance 144
Particularly between privateers ibid.
But between vessels of war, political

JUS PIGNORIS,
considerations have induced in some Not extinguished, according to the
countries the admission of construc-

Roman law, by the confiscation of
tive assistance

145
French and English law on this sub-1 Otherwise by the law of nations

the property pledged

81
ject

ibid.

Not so, however, when the property
Law of Holland

143
In cases of constructive assistance,

is confiscated merely ex re, and not

er delicto
the being in sight at the time of the maxim of the civil law is fiscus
capture is the principal criterion

cedit creditoribus

80
145 With us the opposite maxim prevails

,
But is not sufficient in England, in

ibid.

et creditores cedunt fisco
favour of privateers claiming to see Freight. Confiscation.
be joint captors with ships of war

ibid.
Otherwise in favour of ships of war,

JUSTICE
in competition with privateers ibid. And generosity compared

80

ibid.

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