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.
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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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