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A TABLE

Of the Titles contained in the Index.

ACTIONS and Credits of an Enemy,

Actions at Civil Law,
Aitzema,
Algerines,
Alien Enemy,

Allies, *
Ancient Writers on Maritime Law,
Arms,
Army.

Bays,

Barbary,

Bergen,

Besieged Places,

Blockade,

Bottomry.

Camps,

Captains of Privateer Ships,

Captures,

Casus Foederis,

Choses in Action,

Civil Law,

Civil Rights,

Commerce,

Commission,

Conclusiveness of the Sentences of

Foreign Prize Courts,
Confiscation,
Conquered Countries,
Censolato dcjl Mare,

Contraband,

Contracts at the Civil Law.

Declaration of War,
Deserters,

Dominion of the Sea,
Dutch.

Enemies,
Enemy's Goods,
English,

Enlisting in Foreign Service,
Enlisting men on Foreign Territory,
Expatriation.

Fishery,
Fleet,

Foreign Laws,

Foreign Sentences,

Fraud,

Freight,

French,

Fortifications.

Generosity,

Goods and Chattels^

Governments.

Holsters.

Immovables situate in an Enemy**

Country,
Insurance (Contract of)

|2C.

Insurance of Enemy's Property, and

of Trade with Enemies.
Joint Capture,
Jurisdiction,
Jus Pignoris,
Justice.

Lands,

Land Forces,
Lawful Goods,
Law of Nations,
Laws,
Leghorn,

Letters of Marque and Reprisal,
Lien.

Maritime Loan,
Military Rights.

Neutrals,

Neutral Forts,

Neutral Goods,

Neutrality,

Neutral Port,

Neutral Ships,

Neutral Territory,

Non-commissioned Privateers.

Occupation,
Orders,

Owners of Privateers.

Perfidy,

Piracy,

Pirates,

Postliminy (Right of)
Prsesidia,

Prisoners,

Privateers,

Prizes,

Prize Courts,

Promises,

Property.

Reason,

Reason of State,
Recapture,
Reprisals,
Retaliation,
Roman Law.

Saddles,
Safe Conduct,
Salute,
Salvage,
Santerna,

Securities of Privateers,
Sentence of Condemnation,
Ship,

Spaniards,
Straccha,

Swords, Hilts and Belts.
Tobacco,

Trade with Blockaded or Besieged

Places,
Trading with Enemies,
Treaties,

Tripolitans, Tunisians.

United Provinces of the Netherlands.

Van Tromp (Admiral).

War,

Warlike Stores.

INDEX

TO THE

TEXT AND NOTES.

ACTIONS AND CREDITS OF AN ENEMY

May be lawfully confiscated 51 But the advantage and security of commerce has induced in Europe, a general relaxation from this severity

57

Stipulation on this subject, between Great Britain and the United States

52

Actions and credits not confiscated, iftso jure, there must be a judgment of condemnation; otherwise they re

turn to the first owner, after the war 57

ACTIONS AT CIVIL LAW. Actio negotiorum gestorum 42 de pauperie 149 noxalis _ ibid.

eocercitoria 150 institorta ibid.

AFRICA.

The Algerines, Tunisians and Tripoli. tans, and other nations inhabiting the coast of Barbary in Africa, not to be considered as pirates 131

They have a regular government of their own, send and receive ambassadors, and make treaties 132

Make slaves of their prisoners ibid.

The Sfianiprds make slaves of them in like manner ibid.

The Dutch sell them to the Spaniards to be made slaves of, but do not keep them in slavery at home 21,

133

AITZEMA. Character of his book, Of Matter* of

State and War 25

ALGERINES.

See Africa.

ALIEN ENEMY.

Residing in a country, under a license from the sovereign, may sue and be sued 195

In England, a plea of alien enemy must negative the fact, that the alien is residing under a safe conduct ibid.

See Enemies. Safe Conduct.

ALLIES. ,

Considered as one state 71, 115

What is to be done by a state bound by conflicting alliances? 70

Remarkable instance of two nations at the same time in alliance and at war with each other 125

Territories belonging to an ally, and reconquered from the common enemy, to be restored ibid.

ANCIENT WRITERS ON MARI-
TIME LAW
Treated with disrespect by the author

44, 171

Vindication of their character 171 ARMS.

By the Roman law, individuals were not allowed to manufacture arms, I without a special permission from the government 98

Now arms may be sold at home to
belligerents, by the subjects of a
neutral state 178

But must not be carried by neutrals to
the belligerent's country ibid.

Much less to a besieged town or block-
aded port 82

See Contraband. Blockade.

ARMY,

Wherever it may be, is considered in
many respects, as a presidium of the
sovereign to whom it belongs 117

May keep under confinement the pri-
soners which they have with them,
on neutral territory ibid.

See Pnesidia. Prisoners.

BAYS

Are considered as a part of the adja-
cent territory 60

Case of the ship Grange, captured in
the bay of Delaware ibid.

BARBARY.

See Africa.

BERGEN.
Capture by the English, of Dutch East
India ships in the port of 61

BESIEGED PLACES.
See Trade with blockaded and besieged
Places.

BLOCKADE

Is, according to Grotius, the situation
of ports shut or closely invested by
an armed force 82

The modern idea of universal block-
ade, not formerly entertained 84

The Dutch, however, once boasted of
having blockaded all the British do-
minions 31

But there was no foundation for that
boast ibid.

The Spaniards also pretended to
blockade all the Portuguese territo-
ries ibid.

j And the English those of Spain 92
! But the right was always controverted
I and denied 31, 92

See Trade with Blockaded and Besieg-
ed Places.

BOTTOMRY.

By the Roman law, the bottomry or
respondentia creditor does not lose
the benefit of hia pledge by thecon-
fiscation of the ship or cargo 98

Nor by the law of nations, when con-
fiscation is merely ex re, and not
ex delicto 81

Nor when the ship or cargo are ran-
somed or given up by the captor 192

See Confiscation. Jus Pignoris. Mari-
time Loan.

CAMPS

May be besieged as well as towns 85

CAPTAINS OF PRIVATEER
SHIPS

Cannot enter into a partnership to-
gether, as to the captures which
they may make, without the con-
sent of their owners 141

Various decisions of the courts of
Holland thereon , ibid.

Responsible in cases of unlawful cap-
ture or depredation at sea, to the
whole extent of the injury suffered,
not merely to the amount of the se-
curity given 148

See Privateers. Owners of Privateers^

%CAPTURES

Made by pirutcs, do not effect any
change of property 127

Made by vessels not commissioned,
are considered in Great Britain and
France, as Droits of admiralty 162

Examination on general principles, of
the respective claims of the owners,
freighters, and master and mariners
of the capturing vessel,' to the bene-
fit of such captures, when made in
their own defence, or otherwise, in
a justifiable manner I5S>

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