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mander of the ship or ships of war of the belligerent power, having examined the papers found on board, and having interrogated the master and crew of the ship, shall see just and sufficient reason to detain the merchant ship, in order to proceed to an ulterior search, he shall notify such intention to the commander of the convoy, who shall have the power to order an officer to remain on board the ship thus detained, and to assist at the examination of the cause of her detention. The merchant ship shall be carried immediately to the nearest and most convenient port belonging to the belligerent power, and the ulterior search shall be carried on with all possible diligence.

"Art. V. It is in like manner agreed, that if any merchant ship thus convoyed should be detained without just and sufficient cause, the commander of the ship or ships of war of the belligerent power shall not only be bound to make to the owners of the ship and of the cargo a full and perfect compensation for all the losses, expenses, damages, and costs occasioned by such a detention, but shall, moreover, undergo an ulterior punishment for every act of violence or other fault which he may have committed, according as the nature of the case may require. On the other hand, the convoying ship shall not be permitted, under any pretext whatsoever, to resist by force the detention of the merchant ship or

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ships by the ship or ships of war of the belligerent power; an obligation which the commander of a ship of war with convoy is not bound to observe towards letters of marque and privateers" (s).

CCCXLIV. The following Treaties will be found to be among the most important of those which relate to the subject of Visitation and Search in time of War :

Columbia and The United States of North America, 1824.

(s) See Appendix to Speech of Lord Grenville in the House of Lords, Nov. 13, 1801. (Pub. 1802.)

The United States and Central America (federation of), 1825.

and France, 1778 and 1800.

France and Great Britain, 1632, 1677, 1713, and 1786. and Morocco, 1682 and 1767.

and Holland, 1646, 1662, 1678, 1697, 1713, and

1739.

and The Ottoman Porte, 1535,

and Russia, 1787.

and Tunis, 1604.

and Sweden, 1672.

Great Britain and Holland, 1667.

and Morocco, 1721, 1750, 1760, and 1801. and Ottoman Porte, 1675.

and Portugal, 1642.

and Russia, 1766, 1797, and 1801.

and Sweden, 1664, 1802, and 1803. (This last Treaty authorises the exercise of a right of preemption of 10 per cent.) and Tripoli, 1662, 1716, and 1751.

and Tunis, 1662, 1686, and 1751.

and Tunis, 1662, 1704, 1708, and 1713 (t).

(t) De Martens et De Cussy, Rec. de Tr. et Conv. vol. i. pp. 46, 47, index explicatif.

See also, Rec. des Traités de Commerce et de Navigation de la France, par M. le Comte D'Hauterive et M. le Chevalier F. de Cussy, t. ix. pp. 350-358, tit. Neutralité.

The Treaties which have conferred the right of Visitation and Search, in time of peace, upon the ships of certain States in certain latitudes and under certain conditions, for the purpose of extirpating the Slave-Trade, have been mentioned in a former volume of this work (u).

(u) Vol. i. pt. iii. chap. xvii.

CHAPTER IV.

THE RIGHT OF CAPTURE.-THE DUTY OF THE CAPTOR.

CCCXLV. THE Right of Capture and the Duty of the Captor are, of course, not dependent upon the element on which they happen to be exercised. For instance, the rules of International Law with respect to the circumstances which are necessary to constitute an actual Capture, the exact time when the contest is at an end, the enemy's property actually acquired, jure victoriæ, by the conqueror, the recognised signs of surrender, and other questions of the like kind, are equally incident to all war, whether waged by sea or by land.

But with respect to the Rights and Duties incident to Capture, as with respect to the tribunal which adjudicates upon them (a), they have, in maritime affairs, been moulded, by the reason of the thing and by usage, into a more regular system of established practice than has yet been attained in matters connected with military operations by land (b).

It is with the consideration of the law as applied to the Rights and Duties springing from Maritime Capture, that this chapter will be principally occupied.

CCCXLVI. This subject of Maritime Capture (c) presents for solution the following questions:

1. What may be captured?

2. What constitutes Capture?

(c) Effect of War upon the Trade and Property of Neutral and Maritime Capture and Prize, by J. P. Deane, D.C.L. London, 1854.