156 | Made penal by the law of the United

158

ibid.

States

129

Decision of the author thereon
Arguments in support of it
Decision of the supreme court of the Different punishment, if commission
United States in an analogous case
is received within or without the
of salvage
limits of the United States ibid.
Property captured, and afterwards ran-See Letters of Marque and Reprisal.
somed or given up by the enemy,
is not thereby liberated from the
claims of the insurer or lender at
maritime risk
See Property. Pirates. Privateers.
Recapture.

192

Privateers. Piracy. Pirates.

CONCLUSIVENESS of the SEN-
TENCES of FOREIGN PRIZE
COURTS.

Effects of that doctrine in England and
the United States

169

COMMISSION.
Irregular in a subject to accept a
commission from a foreign sove-
reign, without the permission of his

174

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-
wise pressed by famine
Observation on the word otherwise

75

69, 73

ibid.
It was formerly a capital crime at
Rome to sell arms to the barbari-

ans

74

DOMINION OF THE SEA,
Coextensive with the power of arms
from the land

59
92

Claimed by the English nation
See Bays. Neutral Territory. English.

Confiscate their vessels purchased by
neutrals after condemnation in the
enemy's country
Capture and confiscate Spanish ves-
sels covered by the English flag

111
The English seize their vessels, by
way of retaliation

112

Refuse to admit certain districts and
towns into their union after recon-
quering them from the enemy 123
Complain to the king of England of
the conduct of the Ostend privateers

137

125

Refuse to restore to the Portuguese,
their allies, countries reconquered
from the common enemy
Are in alliance, and at the same time
at war with Portugal

ibid.

privateers

See Expatriation.

129

176

Or abroad, to serve on board of foreign | An expatriated citizen is considered
as an alien for commercial pur-
poses
Quare, whether an Américan 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?

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.

ibid.

But where no such prohibition exists, Herring fishery permitted on both
men not in the actual service of their
prince may be enlisted

175

No difference in principle between
enlisting men and purchasing war-
like stores

178

179

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

180

sides, between the French and
Dutch during war

FLEET,

25

Not allowed to the master of a neutral

vessel on contraband goods
Secus on enemy's goods
Reason of this difference

81

ibid.

85

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