licence was to bring away a cargo from Bordeaux, and the party thought proper to change the licence, and accommodate it to another port in France, it was held by the English Admiralty, that the licence was vitiated, and the vessel and cargo were condemned.* An excess in the quantity of goods permitted, might not be considered as noxious to any extent, but a variation in their quality or substance might be more significant; because a liberty assumed, of importing one species of goods under a licence to import another, might lead to very dangerous consequences.† The Instrument of Protection must come from those who Powers granthave a competent authority to grant such a protection. To ing Licences. exempt the property of enemies from the effects of hostilities is a very high act of Sovran authority. If at any time. delegated to persons in a subordinate situation, it must be exercised either by those, who have a special commission granted to them for the particular business, and who, in legal language, are termed mandatories, or by persons in whom such power is vested in virtue of any official situation, to which it may be considered incidental. It is quite clear that no Consul in any country, particularly in an enemy's country, is vested with any such power, in virtue of his station. Ei rei non praeponitur, and therefore his acts. relating to it are not binding. Neither does the Admiral on any station possess such authority. He has indeed power relative to the ships under his immediate command, and can restrain them from committing acts of hostility, but he cannot go beyond that; he cannot grant a safeguard of this kind beyond the limits of his own station.‡ *The Twee Gebroeders, 1 Edwd. Adm. Rep. 95. The Hope, Dodson's Adm. Rep. vol i. p. 229. Ransom. Sometimes circumstances will not permit property captured at sea to be sent into port; formerly the captor in such cases might destroy it, or permit the original owner to ransom it; the Right of Ransom, however, was abolished in England in the reign of George the Third, on the supposition that it deprived the king's cruisers of the chance of recapture. The cruisers then claimed compensation, and thus a custom, sustained by good policy, and universal in the Laws of Nations, was destroyed for an irregular and uncertain reward to the king's service.* * 22 Geo. III. cap 25; The Hoop, 1 Rob. Adm. Rep. 169. The whole question of Ransom Bills is discussed in Ricard v. Bettenham, Bur. Rep. p 1734. SECTION III. Neutral Commerce. Neutral It now only remains for us to place before the reader the Rights of Rights and Obligations of Neutral Nations, as they influence Nations. Commerce. Neutral Nations are those who in time of war take no part in the contest, but remain common friends to both parties, without favouring the arms of the one to the prejudice of the other.* Neutrality consists in-1st. Giving no assistance when Qualified Neutrality. there is no obligation to give it; nor voluntarily to furnish troops, arms, ammunition, or anything of direct use in war. 2ndly. In whatever does not relate to war, a neutral and impartial nation must not refuse to one of the parties (on account of his present quarrel) what she grants to the other.t These rules do not apply to engagements by treaty, to Qualified which the Neutral may be bound previous to war; as for Neutrality. example, an engagement to furnish one of the belligerent parties with a limited succour in money, troops, ships, or munitions of war, or to open his ports to the armed vessels of his ally with his prizes. ‡ * Vattel, book iii. c. 7. + Idem. 2 Wheaton. chap. iii. sec. i. p. 133. Neutral Territory protected. Property of Neutrality, again, may be qualified by treaties (antecedent to war), to admit the vessels of war, with their prizes, of one of the belligerent parties, into the neutral's ports, to the complete or limited exclusion of the other. The Rights of War can be exercised only within the territory of the belligerent powers, upon the high seas, or in a territory belonging to no one. To make use of neutral territory for the proximate purposes of war cannot be allowed, although it is to be understood that the prohibition does not extend to remote objects and uses, such as procuring provisions, and other innocent articles.* Similarly, a neutral has a right to pursue his ordinary commerce, and he may become the carrier of the enemy's goods without being subject to confiscation of the ship, or of the neutral articles on board; though not without the risk of having the voyage interrupted by the seizure of the hostile property. If we find an enemy's effects on board a neutral ship, we seize them by right of war; but we are naturally bound to pay the freight to the master of the vessel, who is not to suffer by such seizure.† The effects of neutrals found in an enemy's ship, are to be restored to the owners, against whom there is no right of confiscation, but without allowance for detainder, decay, &c. Neutrals voluntarily expose themselves to these accidents by embarking their goods in a hostile ship.‡ But the general inviolability of neutral character goes Belligerents further than merely the protection of neutral property. Territory. It protects the property of belligerents within the neutral in Neutral * Wheaton, vol. ii. 137; Kent's Com. vol. i. p. 116. † 1 Kent's Com. p. 116: Vattel, book iii. chap. vii. sec. 115. territory. Thus, if the enemy be attacked, or any capture made under neutral protection, the neutral is bound to redress the injury, and effect restitution. As for example, in 1793, the English ship Grange, was captured in Delaware Bay, by a French frigate, and upon due complaint, the American Government caused the British ship to be promptly restored. Similarly, in the case of the Anna, restoration was made of property captured by a British cruizer near the mouth of the Mississippi, and within the jurisdiction of the United States.* into a Neutral Bynkershoek has maintained the anomalous principle, that Vessels chased vessels may be Chased into a Neutral Territory, and there Port. captured; but there is in reality no exception to the rule, that every voluntary entrance into a neutral territory with hostile purposes, is absolutely unlawful. "When the fact is established," says Sir Wm. Scott, "it overrules every other consideration. The capture is done away with, and the property must be restored, notwithstanding that it may actually belong to the enemy."† But this restoration takes place only on the application of the neutral government whose territory has been thus violated, the neutrality alone being the ground of the invalidity of the capture.‡ Neutral State Though a belligerent vessel may not enter within neutral Consent of jurisdiction for hostile purposes, she may, consistently with a necessary. state of neutrality (unless prohibited by the neutral power), bring her prize into the neutral port and sell it there. * 1 Kent's Com. p. 117; The Anna, 5 Rob. Adm. Rep. 373. † Wheaton, vol. ii. p. 139; The Vrow Anna Catharina, 5 Rob. Adm. Rep. p. 15. The Etrusco, 3 Rob. Adm. Rep. |