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1. General exemption of merchant vessels on the high seas
267
2. Right of search a belligerent right only
268
3. British claim of a right of visit in time of peace
5. Opinions of American publicists
4. Denied by the United States
6. Of continental writers
7. Of Lord Stowell and Sir R. Phillimore
8. Distinction between pirates and slavers
9. Great Britain finally renounces her claim of right of visit
10. Visitation and search in time of war
II. English views as to extent of this right
12. Views of American writers
283
284
13. Limitations imposed by continental publicists
14. Force may be used in the exercise of this right
285
286
15. But must be exercised in a lawful manner
16. Penalty for contravention of this right
17. English decision as to effect of convoy
18. Ships of war exempt from search
19. Merchant ships under their convoy
20. Treaties respecting neutral convoy
21. Opinions of publicists
22. Neutral vessels under enemy's convoy
23. Effect of resistance of master, on cargo
24. Neutral property in armed enemy vessel
25. Documents requisite to prove neutral character
26. Concealment of papers
27. Spoliation of papers
28. Use of false papers
29. Impressment of seamen from neutral vessels
30. American rule, as defined by Webster
CHAPTER
XXVIII.
Violation of Neutral Duties.
PARA.
PAGE
I.
3.
4.
2.
By individuals
Criminal character of such violations
5. Neutral vessels transporting enemy's goods.
6. Opinions of publicists.
The rights and duties of neutrality are correlative.
Violation of neutral duty by a State
7. Neutral goods in 'enemy' ships
310
8. Maxims of 'free ships free goods,' and 'enemy ships enemy
13. Rule of evidence with respect to neutral goods in enemy ships 316
14. Neutral ships under enemy's flag and pass
15. Neutral goods in such vessel.
16. Neutral vessel in enemy's service
17. Transporting military persons
18. Conveying enemy's despatches.
19. Engaging in enemy's commerce exclusively national
Rule of 1756 and rule of 1793
20.
21.
22.
23.
Application of the rule of 1793 to continuity of voyage.
Effect on American commerce
24. General result of discussions
25. Views of American Government
26. Change of British colonial policy
CHAPTER XXIX.
Pacific Intercourse of Belligerents.
I. Object and character of commercia belli
5. Acts of individuals ignorant of their existence .
6. What may be done during a truce
7. Conditional and special truces
8. Their interpretation
346
347
348
349
351
23. If ransom vessel be lost or stranded
24 Recapture of ransomed vessel and ransom bill
25. Hostages for captures and prisoners
26. Suits on contracts of ransom.
4 Decisions on their authority and effect
5. Want of uniformity in British decisions
6. Representations of the grantee
7. Intentions of grantor
8. Persons entitled to use them
9. Where the principal acts as agent for others
10. Character of the vessel
II. Exception of a particular flag
12. Change of national character during voyage
13. Protection before and after voyage
14 Quantity and quality of goods
15. Protection to enemy's goods
16. Licence to alien enemy
17. If cargo be injured
18. If it cannot be landed
19. Compulsory change of cargo
20. For importation does not protect re-exportation
21. Course of voyage.
22. Change of port of destination
23. Intended ulterior destination
24 Condition to call for convoy .
25. Capture before and after deviation
26. Time limited in licence
27. Licence does not act retrospectively
28. If not on board, or not endorsed
29. Effect of alteration
30. Breach of blockade, &c., by licensed vessel.
6. Of joint captures generally
7. Constructive captures by public vessels of war.
8. When actual sight is not necessary
14.
Vessels detached from fleet
15. Joint captures by land and sea forces
16. By public ships of allies
17. Constructive captures not allowed to privateers.
18.
Revenue cutters under letters of marque
19. Joint captures by boats
20. By tenders
24.
Effect of fraud on claims to benefit of joint capture
25. Distribution of prize to joint captors
26. Distribution of head-money.
27. Collusive captures
28. Forfeiture of claims to prize.
29. Liability of captors for damages and costs
30. Of commanders of fleets and vessels
31. Of owners of privateers .
32. Duties and responsibilities of prize masters and prize agents 409
8. In the United States
9. The President cannot confer prize jurisdiction
10. Court may sit in the country of captor or his ally
II. But not in neutral territory
12. In conquered territory
13. Extent of jurisdiction
14. Location of prize
15. Decision conclusive
16. But State responsible for unjust condemnation
17. Cases of England and Prussia in 1753, and the United
States and Denmark in 1830
18. When jurisdiction may be inquired into
19. How far governed by municipal laws
20. Character of proceedings, of proofs, &c.
21. Custody of property .
22. Conduct of suit by captors
23. Who may appear as claimants
24. Duties of claimants
25. Nature and form of decrees
CHAPTER XXXIII.
Rights of Military Occupation.
426
428
I. Military occupation and complete conquest distinguished. 444
2. When rights of military occupation begin
3. Submission sufficient
4. Effect upon political laws
5. Upon municipal laws.
6. Punishment of crimes in such territory
7. Laws of England instantly extend over conquered territory. 455
8. Territory so occupied no part of the American Union, but a
part of the United States with respect to other countries 456
9. Effect of this distinction
10. American decisions
II. Powers of the President respecting such revenues
12. Change of ownership of private property during military
occupation
13. Laws relating to such transfers
14. Allegiance of inhabitants of occupied territory
15. Lawful resistance and insurrection
16. Implied obligation of the conquered
17. Of the conqueror
18. Right of revolution
19. Right of insurrection in war
20. Punishing military insurrections
21. Historical examples
22. Alienations of territory occupied by an enemy
23. Alienations made in anticipation of conquest