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But not materials which are Not of
themselves fit for warlike use, but
might easily be adapted to it 78

Grotius's distinction, as to articles
which are contraband 75

Provisions not contraband, unless when
carried to a place besieged, or other-
wise pressed by famine 69, 73

Observation on the word otherwise

ibid.

It was formerly a capital crime at
Borne to sell arms to the barbari-
ans 74

Now contraband goods are forfeited
when taken in the act of carrying
to the enemy 76

Confiscation of the goods is in such
cases the only penalty 74, 75

The ship itself is not confiscated 95

Nor the innocent goods, mixed with
the contraband articles 96

Unless they belong to the same owner
with the prohibited goods 97

See Provisions. Sword Hilts and Beits.
Holsters. Saddles. Tobacco. Shi/is.

CONTRACTS AT THE CIVIL
LAW.

Locatio ofierum 163
rerum ibid.
Quasi-contract negotiorum gestorum

42

DECLARATION OF WAR,
Not required by the law of nations 7
Customs of various nations on this
subject 9
Precedents in modern times 11,16
Notke to enemy's subjects to with-
draw 12
Sec War.

DESERTERS,

Question about delivering up, not yet
settled in Eurofie 174

Hubner and Galiani's opinions there-
on 174

Those who promote desertion, not
less guilty than the deserters them-
selves 17*

DOMINION OF THE SEA,
Coextensive with the power of arms
from the land 59
Claimed by the English nation 92
See Bays. Neutral Territory. English.

DUTCH,

Boast of blockading the whole of the
British dominions 31

Deny the same right to the Spaniards,
with respect to Portugal ibid.

Retaliate on the French, who, while
in alliance with them, refused to
restore Dutch property, recaptured
from the common enemy 120

Retaliate on neutrals the injuries re-
ceived from their enemies 61,86

Their conduct approved of by our au-
thor ibid.

Contrary to his own principles 33, 86

Forbid their enemy's armed vessels
from approaching their shores, un-
less supported by a fleet, under the
penalty of being treated as pirates

131

Confiscate their vessels purchased by
neutrals after condemnation in the
enemy's country 29

Capture and confiscate Sftanish 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

Refuse to restore to the Portuguese,
their allies, countries reconquered
from the common enemy 125

Are in alliance, and at the same time
at war with Portugal ibid.

ENEMIES.
Every thing lawful against 2
May be put to death 19
Were formerly sold into slavery 20
Were made prisoners among the
Romans when found on their terri-
tory at the commencement of a war

21

Rarely done in our times, though
the right still exists 19, 20

Modern European manners have
put an end to the summum jus of
war 21

Prisoners are now exchanged ac-
cording to their grades ibid.

Some nations still make slaves of
their prisoners ibid.

Compliments and civilities between
enemies 18

The body of an enemy delivered up
for interment 23

Enemy has no persona standi in ju-
dicio, and cannot sue in courts of
justice 55

Unless he resides in the enemy's
country, with a safe conduct from
the sovereign, or for a debt con-
tracted in commerce allowed by the
sovereign 55

Where he can sue, he may also be
sued, and vice versa. 56, 195

See Mien Enemy. Actions and Credits.
Safe Conduct. Prisoners. Enemy's
Goods. Africa. Dutch. Spaniards.

ENEMY'S GOODS

Found in our country at the com-
mencement of a war may be. con-
fiscated 11

Without any declaration or notice ibid.

Unless otherwise provided for by trea-
ty 13

Various instancesof such treaties ibid.

May lawfully "be taken when found on
board of a neutral ship 109

But the neutral who carries the goods
is guilty of no offence against the
law of nations 108

The goods are confiscated, not ex de-
licto, but ex re 1)1

And therefore freight is paid thereon
to the neutral master 111

ENGLISH.
Generous act of their government,
in giving notice to the Emperor of
France of a design to assassinate
him 4
Prohibit all trade with the Spaniards

92

Found that prohibition on their claim
to the dominion of the sea 93

Lend their flag to the Spaniards at
war with the Dutch, and highly re-
sent the condemnation of the co-
vered property 111

Guided in their judicial decisions
by considerations of state policy

38, 145, 167, 172, 189

Capture Dutch East India ships in
the port of Bergen 61

Proceed against a French and a Spa-
nish privateer as being pirates

134, 136

Do not permit the expatriation of
their subjects 175

See Blockade. Expatriation. Conclu-
siveness of the Sentences of Foreign
Prize Courts.

ENLISTING IN FOREIGN SER-
VICE.

Unlawful to enlist into the service of
an enemy 177

Prohibited by Dutch edicts ibid.

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

ibid.

But a subject or citizen may enter
into the service of a friendly sove-
reign, where no prohibition exists
to the contrary ibid.

American citizens prohibited by statute
from enlisting (within the limits
of the United States) into the land
or naval service of any sovereign
prince 179
Or abroad, to serve on board of foreign
privateers 129
Sec Expatriation.

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 10 the
prohibition of their own sovereign

ibid.

But where no such prohibition exists,
mennotinthe actual service of their
prince may be enlisted 175

No difference in principle between
enlisting men and purchasing war-
like stores 178

Treaty on this subject between the
Romans and Antiuchus ibid.

Enlistments for foreign service pro-
hibited in Holland 179

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 180

EXPATRIATION
Lawful, wherever the country is not
a prison 175

Not lawful among the Muscovites,
English, and Chinese ibid.
Prohibited in France, by Louis XIV.

ibid.

But was lawful there before ibid.

Was prohibited on account of the pro-
testants . ibid.

Is lawful by the constitution of Penn-
sylvania . ibid.

And by the law of the United Staffs,
when bona fide, and under such cir-
cumstances as not to endanger the
safety of the state 176

Provided it is not otherwise provided
by the law of the state from which
Site citizen emigrates ibid.

An expatriated citizen is considered

as an alien for commercial pur-
poses 176
Quart, 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

FISHERY.

Herring fishery permitted on both

sides, between the French and

Dutch during war 2S

FLEET,

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

See Presidio.

FOREIGN LAWS.
Respect to be paid to 138
In the United States and Great Sri-
tain no regard is paid to the re-
venue laws of other countries 131
Various opinions on this subject ibid.

FOREIGN SENTENCES.
See Conclusiveness of the Sentences of
Foreign Prize Courts.

FRAUD,
In matters of insurance, assimilated
to piracy by the law of Holland 131

FREIGHT,
Not allowed to the master of a neutral
vessel on contraband goods 81
Secus on enemy's goods ibid.
Reason of this difference , 85

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