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MILITARY RIGHTS,

Not to be condemned on account of

their being shipped on board the Distinguished from civil rights
same vessel with contraband goods

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116

Evidenced by possession only ibid.

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May freely trade with either bellige-
rent in innocent articles

104

A neutral violating his neutrality is
considered by the belligerent as
an individual enemy

172

LEGHORN,

NEUTRAL FORTS,

Capture by the French of an English No act of hostility to be committed

vessel near the port of

63

61

within reach of their cannon
But fresh pursuit may be continued
ibid.

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Defined

66

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

69

TEERS.

qualified neutrality and an alliance To whom their prizes are to belong
when made in their own defence,
or from some other justifiable cause

Our author seems to confound them
together

75

155

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

Its general duties

66

ibid.

that they ought only to belong to
the actual captors

ibid.

The Dutch once considered it lawful In England and France, prizes taken

for their subjects to fight for either

by non-commissioned vessels are
considered as droits of admiralty

party

67

Not approved

ibid.

See Captures. Salvage.

NEUTRAL PORT.

162

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ed by the tribunals of any country
into which they may be brought

But the occupation even of the metro- | And therefore may be tried and punish-
polis of an empire, does not confer
the possession of distant dependen-
cies not yet subdued
Historical examples in point ibid.

ORDERS

49

133

Those are pirates and robbers who,
without the authorization of any
sovereign, commit depredations by
sea or land

127

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

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der commissions from different so-
vereigns at war with each other
are pirates
128, 129
Nevertheless, the English once pro-
ceeded against a regularly commis-
sioned French privateer as a pirate

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Takes place when captured property
is retaken before it is carried into a
port of the enemy
Or of an ally in the war
Even though it has long remained in
a neutral port
But quare, if it has been condemned
while lying there
ibid. 41
Opinion of Sir William Scott and de-
cision of the supreme court of the
United States on this question ibid.
After a legal condemnation every
former claim must cease
Among the Romans, applied princi-
pally to persons, and why 116

39

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

116

thaginians
114
Among the modern nations of Europe,
it is held as a maxim, that there is
no right of postliminy as to things
on neutral territory
115
Distinction on this subject between
military and civil rights, and the
manner in which they are respec-
tively evidenced
As to prisoners, the right of postlimi-
ny takes place even on neutral ter
ritory
117
Vattel's and Loccenius's opinions on
the subject
117, 18
Is applicable to a whole people as well
as to individuals
When part of a state, after being con-
quered by an enemy, is reconquered
by the nation to which it belonged,
it is entitled to all its former rights
by the law of postliminy ibid.
The Dutch, however, refused to allow
that right in several instances ibid.

PRÆSIDIA,

122

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PRIZES

147

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Sir William Scott's opinions thereon

ibid.
Decisions of the supreme court of the
United States in point

120

ibid.
May by the law of nations be sold in
a neutral port
117, 120
But the right to sell must be equally
granted to both parties; otherwise
neutrality is no longer preserved
Unless there is a special treaty with
one of the parties
ibid.
Neutral governments generally find
it inconvenient to grant an indis-
criminate leave to sell prizes in
their ports, and therefore when no
treaty exists, refuse it to all parties
ibid.

Edict of the states-general on this sub-
ject

The author's opinion thereon

121

137

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