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
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
Land forces in England, not entitled to share in a capture without actual cooperation
JUS PIGNORIS, Not extinguished, according to the Roman law, by the confiscation of the property pledged
French and English law on this sub- Otherwise by the law of nations 81
Not so, however, when the property is confiscated merely ex re, and not ex delicto ibid.
The maxim of the civil law is fiscus
Otherwise in favour of ships of war, in competition with privateers ibid. And generosity compared
MILITARY RIGHTS, Distinguished from civil rights Evidenced by possession only
Residing on the enemy's territory, to be considered as enemies Not to interfere with the war, or what relates to the war
Have nothing to do with the justice or injustice of the war 68, 70, 71, Unless threatened with danger Grotius of a different opinion Not to send arms or men to either party
May trade with the belligerents in every kind of merchandize, except contraband, as they did before the
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
Capture by the French of an English No act of hostility to be committed vessel near the port of
LETTERS OF MARQUE AND REPRISAL
Is the old technical name for a priva- teer's commission 183 Is often applied to designate a mer- chant vessel armed for defence ibid. See Reprisals.
Though the owner knew her to be a hostile vessel
Are however presumed to belong to No hostilities to be committed there- enemies. until the contrary is prov-
And are considered as good prize by
the modern law of nations
Rule of the Consolato on this subject
Nor in neutral ports Nor at sea within reach of cannon
shot from the neutral shore
But an attack already commenced So that it be done without injury to may be pursued
Divided into absolute and qualified 69 NON-COMMISSIONED PRIVA- Difficult to draw the line between a qualified neutrality and an alliance
Our author seems to confound them together
To whom their prizes are to belong when made in their own defence, or from some other justifiable cause
No adequate word in the Latin lan- Arguments of the author to prove
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.
Those are pirates and robbers who, without the authorization of any sovereign, commit depredations by sea or land
In war are strictly to be obeyed 193 Those who commit depredations un-
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 Seott 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
Are considered as enemies to the hu- Took place in the territory of an ally
It is a long time since sovereigns have begun to make use of privateers as auxiliary to the public force 140 They were called Cruisers, Capers, Freebooters ibid.
Treaty between the Romans and Car- | Or serving on board, such privateer thaginians Among the modern nations of Europe, Different punishment, if offence com- it is held as a maxim, that there is mitted within or without the limits no right of postliminy as to things of the United States on neutral territory 115 The subject of privateering belongs to Distinction on this subject between the law of nations 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, 1 8 Is applicable to a whole people as well as to individuals 122 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.
They are not pirates, because they act under the sanction of public authority ibid. The being in sight at the time of cap- ture, not sufficient to entitle a pri- vateer to be considered as a joint captor Security given by privateers in Hol- land, Great Britain, France, Spain, and the United States 147
As to Spain, turn to the Errata. See Commission. Joint Capture.
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