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exclude those of one, those of the other must be excluded, unless there be such cause of suspicion as to the one as to justify the neutral's putting himself more on his guard against the excluded nation. To this extent only we admit the proposition (Santissima Trinidad), that a neutral government is not bound to admit belligerent ships of war within its waters, and that it is entitled, if it admit them, to prescribe the terms of admission. The sixteenth congress of the United States (sess. 1, c. 110) restricted for two years the entrance of foreign armed vessels into any of its harbours except Portland, Boston, New London, New York, Philadelphia, Norfolk, Smithville in North Carolina, Charleston, and Mobile, unless forced by distress, by dangers of the sea, or by being pursued by an enemy, and unable to make any of the excepted ports.

1398. The state is bound by its neutrality not to permit a naval force to pass over its waters to invade or attack the adversary. All agree that it is entitled to prohibit such passage; but some assert that it is at liberty, according to the law of nations, to permit it, on condition that it grants similar permission to the hostile state. The proposition is incorrect. How can there be equality in such a concession, even if a neutral were at liberty to afford equal aid in war? The invaded nation may be conquered, or never able to claim the supposed equivalent. How can there be equal enjoyment of such a right?

1399. When the ships of one belligerent are admitted into the harbours of a neutral, those of the other are, except under circumstances of suspicion, entitled to the same privilege in every respect. They must enter the neutral waters in amity, the authority of their sovereign is confined to their internal government and their crews, and the courtesy which they are entitled to expect.

1400. Within those waters the ships of both belligerent's are subject, with this qualification, to the neutral law, and entitled to the protection of the neutral state. The hostile

vessels may sail together into the same neutral port, land and embark at the same quay, receive their provisions and repairs in the same dock, and their officers and men may enjoy the festivities of the same table in transient peace. These waters are a sanctuary and asylum, within which no hostile attack may be made. As soon as two ships engaged in battle float upon the neutral wave, the conflict must be discontinued, the hostility must instantly cease. They are temporarily denizens of the neutral nation, amenable to the neutral law. It has been said, that if the conflict is continued, the victor may retain his prize. But the assertion is unwarranted. Whatever reparation the neutral may demand for the outrage committed by the vanquished, the victor cannot be permitted to drag his captive from the insulted realm.

1401. Within the neutral territory there must not only be no war, but no preparations or contrivances for war; there must be no hostility; the war-ship, within the presidial boundary, cannot send her boats or tenders to capture an enemy, though beyond that limit.

1402. There consequently must be no pursuit, no preparation for pursuit, by one belligerent of another out of a neutral port. The usual practice is to require an interval of twenty-four hours between the departure of two hostile ships. The weaker vessel, if ready, is entitled to depart first, lest the neutral territory should be insulted by the hovering of the enemy on the verge of her domain.

1403. When the peace and sanctuary of the neutral state has been violated by capture within its marine territory, redress belongs to the law and the courts of the insulted state, which restores the prize on its own conditions if it come within its power, or demands restoration from the nation of the captor, if withdrawn from its own direct jurisdiction.

1404. As the injury may not unfrequently be unintentionally inflicted through ignorance of the precise distance

or limit of the neutral waters, provisions are common in treaties with reference to the exclusion of hostilities and the restoration of captures made within the presidial line.

1405. The belligerent ship admitted into the neutral port is entitled to repair all damages she may have sustained, to refit, to victual herself, and to obtain all she may require as a vessel of peace. Not only is she not entitled to obtain, but the law of nations prohibits her being furnished with, any military assistance; not only she must not be improved, she must not be renovated as a ship of war; she must not be furnished with guns or weapons of any kind, with ammunition or military stores, not even with a supply of provisions or fuel to enable her to cruise against her foe; she may not change her guns or weapons for others, even of the same kind; she must not recruit her military crew; she may, if exhausted by fever or loss, be permitted to engage sufficient mariners to enable her to work her way home, but she must not be supplied even with the military means of defence.

1406. It is the duty alike of the neutral citizens and of the neutral state to abstain from furnishing such supplies. The adverse belligerent cannot intercept them, as contraband of war, within the sanctuary of the neutral port; and, inasmuch as the ship to which they are furnished is, to a great extent, under the control of the public officers of the port, it is the duty of the state not only to abstain from affording, but to prevent its subjects from furnishing, such supplies. Its omission to do so is a breach of neutrality in rendering military aid.

1407. It is necessary, therefore, for the states to restrain their subjects from offending in this respect. The English Foreign Enlistment Act (sec. 8) declares guilty of a misdemeanour, punishable by fine and imprisonment, or either, any person who, without the royal licence, in any part of the British dominions, "shall, by adding to the number of the guns of such vessel, or by changing those on board for other

guns, or by the addition of any equipment for war, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the warlike force of any ship or vessel of war, or cruiser or other armed vessel, which, at the time of her arrival in any port of 'the British dominions,' was a ship of war, cruiser, or armed vessel in the service of any foreign prince, state, or potentate, or of any person or persons exercising or assuming to exercise any powers of government in or over any colony, province, or part of any province or people, belonging to the subjects of any such prince, state, or potentate, or to the inhabitants of any colony, province, or part of any province or country under the control of any person or persons so exercising or assuming to exercise the powers of government."

1408. We have given the provisions of this section at length, as it omits all allusion to the state of war.

1409. The United States Act of the fifteenth Congress, stat. 1, c. 88 (20th April, 1818), declares guilty of a high misdemeanour any person who, within the territories of the United States, should increase or augment, or procure to be increased or augmented, or knowingly be concerned in increasing or augmenting the force of any ship of war, cruiser, or other armed vessel at the time of her arrival in the service of any foreign prince, or belonging to the subjects or citizens of any such prince, etc., the same being at war with any prince, etc., with whom the United States are at peace, by adding to the number of her guns, or by changing those on board of her for guns of a larger calibre, or by the addition thereto of any equipments solely applicable to war.

1410. An augmentation of the force of a belligerent vessel by enlistment of sailors into her crew was held to be a violation of this Act, although no increase was made in her armament; and the enlistment of a crew for a tender already armed, purchased in the neutral port by a belligerent vessel for a tender, has been held to be the augmentation of the

military force of the belligerent ship. Santissima Trinidad.

1411. PRIZES.-All writers agree that the admission of prizes into neutral ports is not a belligerent right. Some assert that the neutral may permit one belligerent to bring in his prizes and refuse that admission to the other. It seems to be generally assumed that it is permitted to both unless prohibited. It appears to us that it is the duty of the neutral to prohibit it altogether, except in cases of distress; for it is undoubtedly affording an advantage to a belligerent in the conduct of the war, which can by no possibility be dispensed to both with an equal hand. It were almost as consistent to permit the fitting out of military vessels. If, however, it is granted to one, it must, on the first principle of neutrality, be conceded to the other.

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1412. Prizes, when permitted to be introduced, cannot be received on the same footing as ships of war. an anomaly in the relation in which their inmates stand. The subjects of one nation holding those of another captive, within the dominions of a third, perhaps the captured vessel a neutral also. There is a greater anomaly when a belligerent brings in, as her prize, a vessel belonging to the country into whose ports she is brought on her way to the belligerent prize court to be tried, perhaps condemned, on a charge, perhaps false, or on grounds perhaps not recognized by her own nation, of violating the law of blockade, or carrying contraband of war.

1413. The sovereign right accorded to the public ship cannot be extended to her prize. The prize is liable to be dealt with in many respects by the courts of the country into which she is brought.

1414. If she be a ship of her own nation, she must be liberated. The sovereign cannot permit his subjects to be held captive by a stranger in his own land; he cannot permit his ships to be dragged through his own dominions to be tried in a foreign tribunal.

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