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

It was formerly a capital crime at See Bays. Neutral Territory. English.

com-Prohibited by Dutch edicts
Severe punishment inflicted by the
Dutch on those who should enter
into the naval service of the enemy

privateers

See Expatriation.

129

Or abroad, to serve on board of foreign | An expatriated citizen is considered
as an alien for commercial pur-
poses
176
Quare, whether an American citizen
can expatriate himself otherwise
than in the manner which may be
prescribed by our own laws; and
whether his expatriation will be
sufficient to rescue him from pun-
ishment for a crime committed
against the United States? ibid.

ENLISTING MEN ON FOREIGN
TERRITORY.

Not lawful to entice away soldiers from
the service of another prince 174
Nor to enlist private individuals on
foreign territory, contrary to the
prohibition of their own sovereign

ibid.

FISHERY.

But where no such prohibition exists, Herring fishery permitted on both

175

178

men not in the actual service of their
prince may be enlisted
No difference in principle between
enlisting men and purchasing war-
like stores
Treaty on this subject between the
Romans and Antiochus
ibid.
Enlistments for foreign service pro-
hibited in Holland
And in the United States, with the
exception of transient foreigners,
subjects of the prince into whose
service they are enlisted ibid.
Difference between the Dutch and
Spaniards on this subject

EXPATRIATION

179

sides, between the French and
Dutch during war

FLEET,

85

Wherever it may be, is considered
in many respects as a præsidium of
the nation to whom it belongs 117
See Prasidia.

130

FOREIGN LAWS.
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.

Pursue a Spanish ship into Torbay,
and invade the houses of the in-
habitants to take the articles which Are contraband
the Spaniards had concealed there

Prohibited from the earliest times, in | No precise English decision on this
point, in a case between privateers
only

almost every country in Europe 165
Tolerated for a while by the English

166

and Dutch
ibid.
By England, during the three wars
which immediately preceded the
French revolution
ibid.
Lord Hardwicke's and Lord Mans-
field's decisions on the subject of
similar insurances
Dictated by political motives 167
Overruled by later decisions ibid.
The freedom of insurance ought to
be coextensive with the freedom
of trade
170
No insurance is lawful which is made
on a voyage prohibited by the laws

terms

172

145

Reasons given by professor Ruther
forth in support of this doctrine

135

Various schemes proposed for vesting
this power in other tribunals ibid.
Hubner and Galiani

ibid.

of the country
Even though it be made in general
ibid.
Property cannot be insured in En-
gland against capture by the cruiz-
ers of Great Britain, or her co-bel-The tribunals of neutral sovereigns
ligerents
ibid.
Reason given therefor by the English
judges
ibid.
Better reason afforded by an American
judge
ibid.

144

JOINT CAPTURE,
On general principles, requires actual
cooperation and assistance
Particularly between privateers ibid.
But between vessels of war, political
considerations have induced in some
countries the admission of construc-
tive assistance

145

will, however, restore the property
of their own subjects or citizens,
brought into their own ports 136
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
within the waters or jurisdiction of
the United States
ibid.

JUS PIGNORIS,
Not extinguished, according to the
Roman law, by the confiscation of
the property pledged

80

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

ject
Law of Holland

ibid.
143

Otherwise in favour of ships of war,
in competition with privateers ibid. And generosity compared

ibid.

3