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56

Nor unless there has been an open , Forbade navigation during the winter
denial of justice
184 months

163
The sovereign whose subjects are On the subject of ex post facto laws
complained of must be applied to

169
in the first instance

185 See Actions at Civil Law. Contracts at
Various treaties on this subject ibid. the Civil Law.
Opinion of the English jurists 188
Precautions taken in France to pre-
ventletiers of reprisal being granted

SADDLES
without sufficient cause 183 Are contraband

79
Punishment in case such have been

obtained on false pretences 184
The right of granting letters of repri-

SAFE CONDUCT
sal belongs to the sovereign alone, No protection out of the place for
and cannot be delegated 187

which it is granted

195
Reprisals may be granted for a debt, One who resides in an enemy's coun-

as well as for an injury done by ac- try, under a safe conduct from the
tual violence

184 sovereign, may sue and be sued
May be granted to a resident alien, as

ibid.
well as to a subject

ibid. But cannot be sued where he is not
May be enforced on the delinquent's

allowed to sue
property in the country of the sove. See Alien Enemy.

reign who granted them 188
But it must be done by legal means,
and not manu forti

ibid.

SALUTE,
Unless there is danger in delay ibid. In close seas, or within the extent of

the jurisdiction of the sovereign of

the coast, to be given precisely in
RETALIATION

such manner as that sovereign re-
To be exercised only on enemies, and quires

59
not through the injury of a friend

33
Instances to the contrary, and obser-

SALVAGE
vations thereon

61, 86 Allowed by the supreme court of the

United States to the owners and
freighters of the Saloor ship 158

Contrary doctrine maintained by the
ROMAN LAW

author, in the analogous case of cap-
Is denominated in Europe the com- tures made by non-commissioned
mon law

53, 183
privateers

155
Is a safe guide to discover the true allowed in cases of recapture, and
principles of the law of nations 107

how
Forbade the manufacturing of arms See Captures. Recaptures.

without the permission of the sove-
reign

98
Nor by that law could any one kill

SANTERNA.
an enemy of the Roman people, ! See Ancient writers on Maritime Law.
who was not a regularly enlisted
soldier

139
The Romans, however, adopted the
law of Solon, permitting private as-

SECURITIES OF PRIVATEERS
sociations for the purpose of plun- Not responsible beyond the amount
der, quære?

ibid. of their bonds or stipulations 149
self, this principle cannot apply, be- Dutch, and edict thereon 30, 86
cause he generally knows by the In goods not contraband, has some-
bills of lading what goods are ship- times been allowed

SENTENCE OF CONDEMNA.

SPANIARDS
TION

Pretend to blockade all the Portu
Converts the military right to a prize

guese doninions

3
into a civil right, and is the legal | Their claim opposed by the Dutch
evidence thereof
116

ibid
Is always in England, as to neutral | The English pretend in the same man

property taken in war, on the ground ner to blockade the Spanish 'domi
of its having belonged to enemies,

pions

9
whatever may be the real specific See Blockade. Dutch. English.
cause or motive

173
Palpable injustice of the British doc-

trine, which makes a foreign sen.
tence conclusive evidence of non-

STRACCHA.
neutrality in favour of underwriters

See Ancient Writers on Maritime Luru

168
This doctrine, however profitable it

may be to belligerents, is ruinous
to neutral nations, and particularly

SWORD HILTS AND BELTS
to America

ibid.
Are contraband

79
Is exploded in Pennsylvania and New
York

ibid.
Sec Conclusiveness of the Sentences of
Foreign Prize Courts.

TOBACCO,
Once pretended by the Spaniards to
be contraband, and why

80

of the cargo

SHIP
Not to be confiscated for contraband
goods on board

94

TRADE WITH BLOCKADED
Unless shipped with the privity of the OR BESIEGED PLACES.
owner of the ship

ibid. Unlawful to carry any thing to such
Various treaties on this subject places, whether contrabandor not 82
Confiscated by the law of France, if Grotius's opinion thereon ibid
contraband amount to three quarters Mere confiscation not a sufficient

99

punishment for those who thus
Rule in England, to release the ship trade; a corporal penalty, at least-

without freight, unless the owner is if not death, often inflicted 84
particeps fraudis

ibid. But this severity applies only to a
Confiscated by the civil law for having strict blockade

ibid.
unlawful goods on board, when ship- And at this day no punishment is in-
ped with the privity of the master, flicted but confiscation

85
otherwise not

ICThe same in our American treaties 85
If vessel belongs to the master him- Blockade of the French ports by the

9
ped on board

107 Prohibition of trade with places
And it may be doubted, whether the actually blockaded or besiege
owners are not bound for the fault

unjust to be defended
of the master

ibid. See Blockade. English. Dutch.
See Neutral Ship8.

niards.

+ 2 E

er's

TRADING WITH ENEMIES TRIPOLITANS. TUNISIANS.
Forbidden by the law of war

23, 24

Sce Africa.
By positive law i.. Holland ibid.
By France, in a declaration of war
against England

21 UNITED PROVINCES OF THE
Was formerly held lawful in Eng-

NETHERLANDS.
land

165 Whether they had a right to make
Is now prohibited there

167 war and peace in their separate ca-
Sometimes permitted in part, by pacities, and in what cases 181, 189

agreement between the belligerent
nations

25
France and England in the present VAN TROMP (Admiral).

war trade with each other, and in- His attack on the Spanish fleet in the
terdict that trade to neutrals ibid.

Downs

61
Illegal on general principles 165
Prohibited in Holland, even to foreign-

171

WAR.
See Insurance of Enemy's Property. Various definitions of

1
Begins from the mutual use of force 11

A public declaration not necessary 7
TREATIES

Every thing lawful in war, except
perfidy

3
Made with a view to war, are to be Orders in war to be strictly obeyed
observed in war
3, 51

193
Are from necessity to be interpreted Governments not bound to repair eve-
by the interested parties 75

ry loss that is occasioned by the ca-
Of defensive alliance, how to be con- lamities of war

194
strued

71

It is unjust to compel a sovereign to
Lord Hawkesbury's opinion thereon

make war or peace

196
cited

ibid.

See Declaration of War. Enemies.
The party bound to assist is to judge
of the casus fæderis

72
One, or perhaps two treaties which
vary from general usaxe, do not

WARLIKE STORES.
constitute the law of nations 76

See Contraband.

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