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Prohibited from the earliest times, in
almost every country in Eurojic 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'a and Lord Mans-
fiild's decisions on the subject of
similar insurances 166

Dictated by political motives 167

Overruled by later decisions ibid.

The freedom of insurance ought to
be coextensive with the freedom
of trade 170

No insurance is lawful which is made
on a voyage prohibited by the laws
of the country 172

Even though it be made in general
terms ibid.

Property cannot be insured in En-
gland against capture by the cruiz-
ers of Great Britain, or her co-bel-
ligerents ibid.

Reason given therefor by the English
judges ibid.

Better reason afforded by an American
judge ibid.

On general principles, requires actual
cooperation and assistance 144
Particularly between privateers ibid.
But between vessels of war, political
considerations have induced in some
countries the admission of construc-
tive assistance 145
French and English law on this sub-
ject ibid.
Law of Holland 143
In cases of constructive assistance,
the being in sight at the lime of
capture is the principat criterion


But is not sufficient in England, in
favour of privateers claiming to
be joint captors with ships of war


Otherwise in favour of ships of war,
in competition with privateers ibid.

No precise English decision on this
point, in a case between privateers
only 145

Land forces in England, not entitled
to share in a capture without actual
cooperation 146

By the law of nations, pirates may be
tried and punished wherever found


But captures made by virtue of a com-
mission from a sovereign can only
be tried by the tribunals of the cap-
tor 134

Reasons given by professor Ruth-ef-
fort h in support of this doctrine


Various schemes proposed for vesting
this power in other tribunals ibid.

Hubner and Galiani ibid.

The tribunals of neutral sovereigns
will, however, restore the property
of their own subjects or citizens,
brought into their own ports 136

And prizes made in violation of their
neutrality ibid.

The courts of the United States have
done so in various instances ibid.

Act of Congress as to captures made
within the waters or jurisdiction of
the United States ibid.


Not extinguished, according to the
Roman law, by the confiscation of
the property pledged 80

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 Jiscus
crtlii creditoribua 8<5

With us the opposite maxim prevails,
et creditores cedunt Jisco ibid.

See Freight. Confiscation.


And generosity compared 5


See Immovables.


Not entitled to participate in the bene-
fit of a capture, without actual co-
operation and assistance 146

See Joint Captures.

Not to be condemned on account of
their being shipped on board the
same vessel with contraband goods


Unless all the goods belong to the
same owner ibid.

Not to be deduced from European
manners and customs 11,17
To be deduced from reason and usage


Or an almost perpetual succession of
treaties ibid.

Its principles may safely be sought
for in the rules of Roman jurispru-
dence 107

In the discussion of general principles,
we are bound to attend more to rea-
son than to treaties 109

The rules of the law of nations cannot
be dispensed with by individuals



To affect future, and not past trans-
actions 170

Capture by the French of an English
vessel near the port of 61

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.


See Jus Pignoris. Freight. Confisca-


Or Loan at Maritime Risk.
What it is at the civil law 192
See Bottomry.

Distinguished from civil rights 116
Evidenced by possession only ibid.

Residing on the enemy's territory,
to be considered as enemies 25
Not to interfere with the war, or what
relates to the war 67
Have nothing to do with the justice
or injustice of the war 68, 70, 71,


Unless threatened with danger 70
Grotius of a different opinion 67
Not to send arms or men to either
party 68, 70

May trade with the belligerents in
every kind of merchandize, except
contraband, as they did before the
war 76
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

No act of hostility to be committed
within reach of their cannon 63
Bat fresh pursuit may be continued


Provided the fortresses are spared,
though they should assist the ene-
my ibid.

Cannot lawfully be occupied by a bel-
ligerent, for fear his eneniv slwuld
do the same 19ff

Various opinions on this subject ibid-

On the territory of a belligerent, can-
not be made prize 2i

Nor when taken on board of an ene-
my's ship 100

Though the owner knew her to be a
hostile vessel 104

Are however presumed to belong to
enemies, until the contrary is prov-
ed 101, 104

And are considered as good prize by
the modern law of nations 103

Rule of the Comolato on this subject


Old French law, that the goods of an
enemy confiscate those of a friend


drotius endeavours to explain it away


But Vatin rebukes him for it 103
Modern law of nations confiscates
neutral gootis on board of an ene-
my's ship, but leaves enemy's goods
on board of a neutral vessel free


Defined 66
Divided into absolute and qualified 69
Difficult to draw the line between a
qualified neutrality and an alliance


Our author seems to confound them
together 75

No adequate word in the Latin lan-
guage to express neutrality 66

Its general duties ibid.

The Dutch once considered it lawful
for their subjects to fight for either
party 67

Not approved ibid.

Whether a prize may be lawfully con-
demned while lying in a 118
See Presidia.

Law of Holland, that neutral ships
coming from enemy's ports might
be lawfully condemned 73

Was special, and made for the occa-
sion 73
Explained 30,87


No hostilities to be committed there-
on 58, 64

Nor in neutral ports 58

Nor at sea within reach of cannon
shot from the neutral shore 59

But an attack already commenced
may be pursued 62

So that it be done without injury to
the neutral 63

Captures made within the neutral ju-
risdiction to be restored at the ex-
penseof the neutral sovereign ibid.

Troops not permitted to pass through
it. to commit depredations on a
friend 64

Sec Van Tromfi. Bergen. Leghorn.
Bays. Dominion of the Sea.


To whom their prizes are to belong
when made in their own defence,
or from some other justifiable cause


Arguments of the author to prove
that they ought only to belong to
the actual captors ibid.

In England and France, prizes taken
by non-commissioned vessels are
considered as droits of admiralty


See Captures. Salvage.

Of a town or place gives a legal pos-
session of its dependencies 45
Provided no part thereof is occupied
by the enemy 46
For there is no jointenancy in war


But the occupation even of the metro-
polis of an empire, does not confer
the possession of distant dependen-
cies noi yet subdued 49

Historical examples in point ibid.

In war are strictly to be obeyed 193

Responsible to the whole extent of
the injury suffered, not merely the
amount of the security given 149,


Though the vessel is not regularly
commissioned, if the owner ordered
her to make captures 153

See Privateers. Captains of Privateer

Reprobated in war 3
Exemplified in the conduct of a Dutch
captain 15

Various definitions of 127,161
Difference between piracy by the law
of nations and at the common law


Qutere, whether piracy by the law of
nations merely is punishable by
the admiralty courts of the United
States and Great Britain 128

Wouddeson's opinion thereon 129

By the law of nations, the punishment
of piracy is Death 138

Nor can this punishment be mitigated


Various offences made or assimilated
to piracy by municipal law 128,
129, 130, 131

See Pirates.

Are considered as enemies to the hu-
man race 133

And therefore may be tried and punish-
ed by the tribunals of any country
into which they may be brought


Those are pirates and robbers who,
without the authorization of any
sovereign, commit depredations by
sea or land 127

Those who commit depredations un-
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


And in like manner against a S/ianish
privateer 136

Quxre, as to those who sail under
commissions from different sove-
reigns not at war with each other


Various opinions thereon ibid.

Irregular to accept a com mission from
a foreign prince without the per-
mission of one's own government


Prohibitory law of the United States
thereon 129


Does not take place, except as to those
things which have not become the
property of the enemy 39

Takes place when captured property
is retaken before it is carried into a
port of the enemy 38

Or of an ally in the war 37

Even though it has long remained in
a neutral port 38

But amere, 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 39

Among the Romans, applied princi-
pally to persons, and why 110

Took place in the territory of an ally
or neutral 113

Treaty between the Romans and Car-

., 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 116

As to prisoners, the l ight of postlimi-
ny takes place even on neutral ter
ritory 117

Tattrl's and Loccenius's opinions on
the subject 117, 1 8

Is applicable to a whole people as well
as to individuals 1$2

When part, of a state, after being con-
quered by i»n enemy, is reconquered
by the nation to which it belonged,
it is entitled to .ill its former rights
by the law of postliminy ibid.

The Dutch, however, refused to aliow
that right in several instances ibid.

What it means 27, 36

The ports of an ally are prxsidia 38,

41, 113

Different opinion once entertained in
Holland 38
A fleet is considered as Jir&drtia 29, 41
So is an army in many respects 117
Neutral ports, whether to be consider-
ed as presidia 38, 41
Are so to all purposes of safety 113
And a belligerent may condemn cap-
tured property while lying there


Various opinions on this point ibid.

Were formerly made slaves of 20
Are at present exchanged, according
to their grades 21

Fitting out privateers to commit hos-
tilities against a state at peace with
us, made penal by the law of the
United States' 129

Or serving on board,such privateer

Different punishment,if offencecom-
: m\ne<^ within or without the limits
I of the ladled States ibid.

The subject of privateering belongs to
the law of nations 139

It is a long time since sovereigns have
begun i.o make use of privateers as
auxiliary to the public force 140

They were called Cruisers, Capers,
i Freebooters ibid.
: They are not pirates, because they

.-' act under the sanction of public
authority. * ibid.

The bein^ in sight at the time of cap-
ture, not sufficient to entitle a pri-
vateer to be considered as a joint
captor 144

Security given by privateers in Hol-
land, Great Britain, France, Spain,
and the United Slates 147

As to Spain, turn to the Errata.

See Commission. Joint Capture.


May be condemned in the belligerent's
courts at home while lying in a
neutral port 38

Sir William Scott'3 opinions thereon


Decisions of the supreme court of the
United States in point 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


Edict of the states-general on this sub-
ject 121
The author's opinion thereon 137

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