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12.
II. General presumption in favour of cause of ally
Treaties of succour, if the war be unjust
13. If unable to furnish the promised aid
14. Subsidy and succour not necessarily causes of war
15. Capitulations for mercenaries
58
59
60
21.
63
Declaration of war unnecessary against enemy's associates. 22. Policy of treating enemy's allies as friends
CHAPTER XX.
Rights of War as to Enemy's Person.
64
65
9.
10.
II.
Release on parole
13. Delays in effecting exchange
Limitation of the right to take life
3. Exemption of non-combatants
4. When the exemption ceases
Is limited in particular cases
When quarter may be refused
7. Treatment due to prisoners of war
8. Exchange and ransom
No positive obligation to exchange
Moral obligation of the State towards its own subjects.
Conditions which may be imposed
14. Duties of a State to support its subjects in the hands of the
69
70
72
.
73
74
75
76
77
78
PARA.
17. Extent of support to be rendered
18. When each belligerent supports its own prisoners
19. May prisoners of war be put to death
PAGE
86
87
CHAPTER XXI.
Enemy's Property on Land.
1. General right of war as to enemy's property.
2. Rules different for different kinds of property
3. The real property of a belligerent State
4. Title to such property acquired during war
5. Who may become purchasers
6. Purchase by neutral governments
7. Movable property
8. Documentary evidence of debts.
9. Public archives
10. Public libraries and works of art
II. Civil structures and monuments
12. Private property on land
13. Exceptions to rule of exemption
14. Penalty for illegal acts
15. Military contributions.
16. War in the Spanish peninsula
17. Mexican war
18. Remarks on military pillage
19. Property taken on field of battle or in a siege
20. All booty primarily belongs to the State
21. Municipal laws respecting its distribution
22. Useless destruction of enemy's property
23. Laying waste a country
24. Rule of moderation
25. Questions of booty
26. Ancient courts of chivalry
27. English law respecting booty
CHAPTER XXII.
Enemy's Property on the High Seas.
1. Distinction between enemy's property on land and on the
high seas
2. Opinions of Mably and others
124
125
3. Unavailable attempts to change present rule
4. Difficulties in its application
5. Ownership at time of capture
6. Rule as to consignee
7. Contract and shipment made in contemplation of war
8. Contract made in peace and shipment in war
If both be made in time of peace
10. Shipment, with risk on neutral consignee
If neutral consignor become an enemy during voyage.
12. Acceptance in transitu by natural consignee
13. Change of ownership by stoppage in transitu
14. National character of goods
15. Transfer of enemy's ships to neutrals
16. Rules of such transfer
17. Character of ships and goods, how deduced
18. Effect of secret liens
19. Documentary proofs of ownership
20.
Laws of different States
Decisions of French prize courts
22. Exemption of vessels of discovery
23. Of fishing boats.
24. In cases of shipwreck, &c.
CHAPTER XXIII.
Trade with the Enemy.
1. Property of subjects and allies engaged in trade with the
5. Withdrawal from enemy's country at beginning of war
6. Distinction between cases of domicil and mere residence
7. Necessity of a licence discussed
18. Distinction between native subject and domiciled stranger
19. Effect of acceptance of a licence from the enemy.
Possessions and colonies of the enemy.
168
169
171
172
CHAPTER XXIV.
Rights and Duties of Neutrals.
1. Neutrality in war
2. Qualified neutrality
3. Advantages and resulting duties of neutrality
4. Hostilities not allowed within neutral jurisdiction
5. Passage of troops through neutral territory
6. Pretended exception to inviolability of neutral territory
7. Opinions of European and American publicists
8. Case of the 'Caroline'
9. Belligerent vessels in neutral ports
10. Right of asylum
11. Presumptive right of entry
13. Belligerent ships and troops in neutral ports and territory 183
12. Armed cruisers in neutral waters
23. If captured property be in possession of a neutral
24 Power and jurisdiction of federal courts
25. Purchasers in foreign ports
26. If condemned in captor's country
27. Illegal equipment
CHAPTER XXV.
Law of Sieges and Blockades.
1. Interdiction of intercourse with places besieged or
8. Course of England and France in the wars of Napoleon
9. Their declarations in 1854 and 1856
218
219
10. De facto and public blockades
11. If blockading vessels be driven away by superior force
220
16. Breach of blockade a criminal act
17. Public notification charges parties with knowledge
18. What constitutes a public notification
19. Effect of general notoriety
20. Cases which preclude a denial of knowledge
22.
When presumption of knowledge may be rebutted
Proof of actual knowledge or warning
25. Exception in case of distant voyages
26. In case of de facto blockades
27. Where presumption of intention cannot be repelled
28. Neutral vessel entering in ballast
Declarations of master
29.
38. Insurance, how affected by violation of a blockade
39. Hautefeuille's theory of the law of blockades
CHAPTER XXVI.
Contraband of War.
221
222
6. Ordinary penalty not averted by ignorance or force
7. Inception of voyage completes offence
8.
IO.
13.
If not contraband at time of seizure
Transfer of such goods from one port to another
Destination need not be immediate to enemy's port
Case of the Commercen'
Differences of opinion among text-writers
Views of Grotius and others