174

75

ans

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
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
from the land

59
ibid.

92

Claimed by the English nation
It was formerly a capital crime at
kome to sell arms to the barbari-

See Bays. Neutral Territory. English.

74
Now contraband goods are forseited

when taken in the act of carrying
to tlie enemy

DUTCH,

76
Confiscation of the ods is in such Boast of blockading the whole of the
cases the only penalty

31
74, 75

British dominious
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
Sec Provisions. Sword Hills and Belts.

from the common enemy

120
Holsters. Saddles. Tobacco. Shifis.

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 oferum

163

from approaching their shores, un-
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
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
Procedents 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-
Sec var.

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 ailies, countries reconquered
settied in Europe
174 from the common eremy

125
1nbner and Galiani's opinions there. Are in alliance, and at the same time

174 at war with Portugal

rerum

on

ibid.

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-

Generous act of their government,
tory at the commencement of a war

21

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

France of a design to assassinate

him
the right still exists

19, 20
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

to the dominion of the sea 93
Prisoners are now exchanged ac-
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-
vered property

111
Compliments and civilities between Guided in their judicial decisions
enemies

18
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 Dulch 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 Do not permit the expatriation of

134, 136
the sovereign, or for a debt con-

their subjects

175
tracted in commerce allowed by the
sovereign

55

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

siveness of the Sentences of Foreign
sued, and vice versa

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 Dulch edicts ibid.

mencement of a war may be con- Severe punishment 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 instances of sucli 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 ex de- or naval service of any sovereign
licto, but ex re

111 prince

179

as

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

129 an alien for commercial pur.
See Expatriation.

poses

176
Quære, 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

175
Dutch during war

15
No difference in principle between

enlisting men and purchasing war-
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

130
Spaniards on this subject 180 Respect to be paid to

In the United States and Great Bri-

tain no regard is paid to the re-

venue laws of other countries 131

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

175
Not lawful among the Muscovites,

FOREIGN SENTENCES.
English, and Chinese

ibid. 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 bonâ 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
79

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 ratâ 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
the Spaniards had concealed there

65
Refuse to restore to the Dutch, their

IMMOVABLES SITUATE IN
allies, their property recaptured

AN ENEMY'S COUNTRY
from the common enemy

119
The Dutch retaliate

120 May by the strict law of war be con-
riscated

51
Formerly condemned a neutral ship

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

Holland

ibid.

193

INSURANCE (Contract of)
GENEROSITY
Defined by the author

164
Is a voluntary act, and cannot be re-

by Roccus

ibid.
quired from an enemy

3 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-

135

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

ibid.
Overruled by later decisions

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

be tried by the tribunals of the cap-
No insurance is lawful which is made

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
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.
brought into their own ports

136
Better reason afforded by an American

And prizes made in violation of their
judge

ibid.
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
the property pledged

80
French and English law on this sub- Otherwise by the law of nations 81
ject

ibid.

Not so, however, when the property
Law of Holland

143

is confiscated merely ex re, and not
In cases of constructive assistance,

er delicio

ibid.
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

el creditores cedunt fisco ibid.
favour of privateers claiming to See Freight. Confiscation.
be joint capitors with ships of war

ibid.
Otherwise in favour of ships of war,

JUSTICE
in competition with privateers ibid. And generosity compared 3