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211

LANDS.

LIEN.
See Immovables.

See Jus Pignoris. Freight. Canfisca-

tion.
LAND FORCES
Not entitled to participate in the bene MARITIME LOAN,
fit of a capture, without actual co-

Or Loan at Maritime Risk.
operation and assistance 146 What it is at the civil law 192
See Joint Captures.

See Bottomry.

LAWFUL GOODS
Not to be condemned on account of

MILITARY RIGHTS,
their being shipped on board the Distinguished from civil rights
same vessel with contraband goods Evidenced by possession only ibid.

94
Unless all the goods belong to the
same owner

ibid.

NEUTRALS,

Residing on the enemy's territory,
LAW OF NATIONS

to be considered as enemies 25
Not to be deduced from European Not to interfere with the war, or what
manners and customs

11, 17
relates to the war

67
To be deduced from reason and usage Have nothing to do with the justice

76 or injustice of the war 68, 70, 71,
Or an almost perpetual succession of

75
treaties

ibid. Unless threatened with danger 70
Its principles may safely be sought Grotius of a different opinion 67

for in the rules of Roman jurispru. Not to send arms or men to either
dence
107 party

68, 70
In the discussion of general principles, May trade with the belligerents in

we are bound to attend more to rea every kind of merchandize, except,
son than to treaties

109 contraband, as they did before the
The rules of the law of nations cannot

war

76
be dispensed with by individuals May freely trade with either bellige-

169 rent in innocent articles 104

A neutral violating his neutrality is
LAWS,

considered by the belligerent as
To affect future, and not past trans-

an individual enemy

172
actions

170

61

LEGHORN,

NEUTRAL FORTS,
Capture by the French of an English No act of hostility to be committed
vessel near the port of

within reach of their cannon 63
Bat fresh pursuit may be continued

ibid.
LETTERS OF MARQUE AND Provided the fortresses are spared,
REPRISAL

though they should assist the ene-
Is the old technical name for a priva my

ibid.
teer's commission

183 Cannot lawfully be occupied by a bel-
Is often applied to designate a mer ligerent, for fear his enemy shoul
chant vessel armed for defence ibid. do the same

19
See Reprisals.

Various opinions on

this subject ibi

[graphic]

73

ed

NEUTRAL GOODS, Was special, and made for the occa-
On the territory of a belligerent, can sion
not be made prize
23 Explained

30,87
Nor when taken on board of an ene-
iny's ship

100
Thou, h the owner knew her to be a
hostile vessel

104
Are however presumed to belong to No hostilities to be committed there-

NEUTRAL TERRITORY,
enemies, until the contrary is prov-

on

58, 64
101, 104

58
And are considered as good prize by

Nor in neutral ports
the modern law of nations

Nor at sea within reach of cannon

103
Rule of the Corsolało on this subject : Bui an attack already commenced

hot from the neutral shore 59

104
Old French law, that the goods of an so that it be done without injury to

may be pursued

62
enemy confiscate those of a friend

the neutral

102
Grotius endeavours to explain it away

Captures made within the neutral ju-
ibid.

risdiction to be restored at the ex-
But Valin rebukes him for it 103

pense of the neutral sovereign ibid.
Modern law of nations confiscates Troops not permitted to pass through
neutral goods on board of an ene-

it, to commit depredations on a

friend
my's ship, but leaves enemy's goods See Van Tromp. Bergen. Leghorn.

64
on board of a neutral vessel free

ibid.

Bays. Dominion of the Sea.

63

155

NEUTRALITY
Defined

66
Divided into absolute and qualified 69 NON-COMMISSIONED PRIVA.
Difficult to draw the line between a

TEERS.
qualified neutrality and an alliance To whom their prizes are to belong

69 when made in their own defence,
Our author seems to confound them or from some other justifiable cause
together

75
No adequate word in the Latin lan- Arguments of the author to prove
guage to express neutrality 66

that they ought only to belong to
Its general duties

ibid.
the actual captors

ibid.
The Duich once considered it lawful In England and France, prizes taken

for their subjects to fight for either by non-commissioned vessels are
party

67

considered as droits of admiralty
Not approved
ibid.

162
See Captures. Salvage.
NEUTRAL PORT.
Whether a prize may be lawfully con-
demned while lying in a 118

OCCUPATION
See Præsidia.

Of a town or place gives a legal pos-

session of its dependencies 45
NEUTRAL SHIPS.

Provided no part thereof is occupied
Law of Holland, that neutral ships by the enemy

46
coming from enemy's ports might For there is no jointenancy in war
be lawfully condemned 73

ibid.

49

But the occupation even of the metro- | And therefore may be tried and punish-

polis of an empire, does not confer ed by the tribunals of any country
the possession of distant dependen into which they may be brought
cies not yet subdued

133
Historical examples in point ibid. Those are pirates and robbers who,

without the authorization of any

sovereign, commit depredations by
ORDERS
sea or land

127
In war are strictly to be obeyed 193 Those who commit depredations un-

der commissions from different so-

vereigns at war with each other
OWNERS OF PRIVATEERS,

are pirates

128, 129

Nevertheless, the English once pro-
Responsible to the whole extent of

ceeded against a regularly commis-
the injury suffered, not merely the

sioned French privateer as a pirate
amount of the security given 149,

134
153 And in like manner against a Spanish
Though the vessel is not regularly

privateer

136
commissioned, if the owner ordered Quære, as to those who sail under
her to make captures

153

commissions from different sove-
See Privateers. Captains of Privateer

reigns not at war with each other
Ships.

130
Various opinions thereon ibid.
PERFIDY,

Irregular to accept a commission from

a foreign prince without the per-
Reprobated in war

3

mission of one's own government
Exemplified in the conduct of a Dutch

130
captain

15
Prohibitory law of the United States
thereon

129
PIRACY,
Various definitions of 127, 161
Difference between piracy by the law

POSTLIMINY, RIGHT OF
of nations and at the common law Does not take place, except as to those

128 things which have not become the
Quere, whether piracy by the law of property of the enemy

39
nations merely is punishable by Takes place when captured property
the admiralty courts of the United is retaken before it is carried into a
States and Great Britain 128 port of the enemy

38
Wouddeson's opinion thereon 129 Or of an ally in the war

S7
By the law of nations, the punishment Even though it has long remained in
of piracy is Death
138 a neutral port

38
Nor can this punishment be mitigated But quare, if it has been condemned
138 while lying there

ibid. 41
Various offences made or assimilated Opinion of Sir William Scott and de-
to piracy by municipal law 128, cision of the supreme court of the

129, 130, 131 United States on this question ibid.
See Pirates.

After a legal condemnation every

former claim must cease 39

Among the Romans, applied princi-
PIRATES

pally to persons, and why 116
Are considered as enemies to the hu- Took place in the territory of an ally
man race
133 or neutral

113

Treaty between the Romans and Car. Or serving on board such privateer
thaginians
114

129
Among the modern nations of Europe, Different punishment, if offence com-

it is held as a maxim, that there is mitted within or without the limits
no right of postliminy as to things of the United States

ibid.
on neutral territory

115 The subject of privateering belongs to
Distinction on this subject between the law of nations

139
military and civil rights, and the It is a long time since sovereigns have
manner in which they are respec begun to make use of privateers as
tively evidenced

116 auxiliary to the public force 140
As to prisoners, the right of postlimi. They were called Cruisers, Capers,
ny takes place even on neutral ter. Freebooters

ibid.
ritory

117 They are not pirates, because they
Vattel's and Loccenius's opinions on act under the sanction of public
the subject
117, 118 authority

ibid.
Is applicable to a whole people as well The being in sight at the time of cap-
as to individuals

122 ture, not sufficient to entitle a pri-
When part of a state, after being con vateer to be considered as a joint
quered by an enemy, is reconquered captor

144
by the nation to which it belonged, Security given by privateers in Hol-
it is entitled to all its former rights land, Great Britain, France, Spain,
by the law of postliminy ibid. and the United States

147
The Dutch, however, refused to allow As to Spain, turn to the Erratu.

that right in several instances ibid. See Commission. Joint Capture.

PRÆSIDIA,
What it means

27, 36
The ports of an ally are præsidia 38,

PRIZES

41, 113 May be condemned in the belligerent's
Different opinion once entertained in courts at home while lying in a
Holland

38
neutral port

38
Afleet is considered as presidia 29,41 Sir William Scoli's opinions thereon
So is an army in many respects 117

ibid.
Neutral purts, whether to be consider. Decisions of the supreme court of the
ed as presidia

38, 41 United States in point ibid.
Are so to all purposes of safety 113 May by the law of nations be sold in
And a belligerent may condemn cap-

a neutral port

117, 120
tured property while lying there But the right to sell must be equally

38 granted to both parties; otherwise
Various opinions on this point ibid. neutrality is no longer preserved

120
PRISONERS

Unless there is a special treaty with
one of the parties

ibid.
Were formerly made slaves of 20

Neutral governments generally find
Are at present exchanged, according

it inconvenient to grant an indis-
to their grades

21

criminate leave to sell prizes in

their ports, and therefore when no
PRIVATEERS.

treaty exists, refuse it to all parties
Fitting out privateers to commit hos-

ibid.
tilities against a state at peace with Edict of the states-general on this sub-
us, made penal by the law of the ject

121
United States
129 The author's opinion thereon

137

PRIZE COURTS,

REASON,
How constituted at present in Europe The source of the law of nations 76

189 Its authority of the greatest weight 10
Their judgments not sufficient to re- Is the soul of the law of nations

11
lease the sovereign from responsi- The supreme law of nations 96
bility

ibid. Its dictates may safely be sought for
Exemplified in the result of the con in the rules of the Roman law 107

troversy between Great Britain and
Prussia, respecting the Silesia loan

ibid.

REASON OF STATE,
And by recent treaties

ibid.
What it is

197
The sentences of foreign prize courts When listened to by sovereigns, there
ought not to be conclusive evidence

is an end to the law of nations ibid.
in favour of underwriters ibid.
See Sentences of Foreign Prize Courts.

RECAPTURE,

Salvage due on
PROMISES,

Such salvage estimated in England
To be kept in war

3

and Holland according to the time
See Treaties.

that the prize has been in possession
of the enemy

39, 40
This rule is not equitable,

42
PROPERTY

Nor is that of twenty-four hours'
In ships and merchandize, when

possession

ibid.
changed by capture

27

Rule of the Consolato thereon
By the Roman law, only when carried See Captures. Property.
intra præsidia

27
Modern doctrine of twenty-four hours'
possession

27
Not observed in Holland

28

RECIPROCITY.
Contrary to reason

ibid. Whatever right one arrogates to him-
The English press the Dutch to adopt

self by the law of war he must also
it

ibid.
allow to his enemy

56
Once not held to be changed in Hol-

land, in a ship coming out of a
blockaded port after being pur-
chased by a neutral, until he had

REPRISALS
carried it into his own, or some Mean recaption or retaking 182
other free port

29 Analogous in name and substance to
Edict of Louis XIV. to the same ef the common law process of wither.
fect
33 nam

ibid.
Retorted by the Dutch

34 Unknown to the Romans, and why ibid.
Notification of the English to the Hanse Distinction between general and spe-
Towns to the same effect 33 cial reprisals

ibid.
A proportional rate of salvage adopted General reprisals are the first step at

in Holland, in lieu thereof 39 the commencement of a public war,
Same rule agreed upon by treaty with and are considered as equivalent to
England
37, 40 a declaration of it

ibid.
In immovables taken in war, is not Special reprisals defined 182, 184
acquired by possession alone, unless Often lead to war

187
it be a firm poseession 45 Not to be granted without full know-
See Occupation. Captures. Recapture. ledge of the cause

183

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