Get this book in print
About this book
My library
Books on Google Play
Rule in the early ages..
Treaty stipulations..
PAGE
38
Modern rule in absence of treaty..
Property exempt from capture or confiscation; public funds.
Private debts.
Not confiscated, but remedy suspended.
Treaties on this subject....
39
40
41
ADDENDA TO CHAPTER II.
THE CIVIL WAR IN THE UNITED STATES.
Review of the judicial discussions and determinations of the rights and liabilities re-
sulting therefrom....
Belligerent rights exercised by the United States in the conduct of the war..
Wisdom of the policy of the belligerent blockade of the insurgent ports.
Preference to a municipal regulation of closing the ports as ports of entry..
Objections raised to the validity of captures for the violation of the blockade.
Judicial determinations of these objections...
Case of The Tropic Wind.
Case of The General Parkhill. United States District Court for the Eastern District
of Pennsylvania...
55
Opinion of Justice Cadwallader..
56
Cases of The Hiawatha, North Carolina, Pioneer, Crenshaw, Winnifred, Hannah M.
Johnson, Lynchburg, General Green, Hallie Jackson, Forest King. United States Dis-
trict Court for the Southern District of New York..
67
Opinion of Justice Betts.....
Case of The F. W. Johnson. United States District Court for the District of Maryland
Opinion of Justice Giles...
69
76
77
Case of The Amy Warwick. United States District Court for the District of Massachusetts
Opinion of Justice Sprague...
82
83
CHAPTER III.
OF THE RIGHTS OF BELLIGERENTS TO INTERFERE WITH THE COMMERCE, AND TO CAPTURE
AND CONFISCATE THE PROPERTY OF OTHER THAN ADVERSE BELLIGERENTS; AND HEREIN
WHAT CONSTITUTES HOSTILITY OF CHARACTER, BOTH AS REGARDS PERSON AND PROPERTY.
What constitutes residence in a hostile country to impress a hostile character
Personal residence not requisite..
113
114
Sometimes by the nature of her employment...
By employment in commerce ordinarily confined to the adverse belligerent..
Especially when by authority of the adverse government...
National character of ship generally determined by the residence of the owner.
Liability to capture determined by the flag or pass.
127
130
131
133
134
Character of the flag impresses the vessel..
135
Reason of this rule...
137
Attempts to evade the rules which impress hostility of character upon persons or
Recent American decisions on the doctrine of hostile character by hostile residence.. 147
Case of The Sarah Sturr. United States District Court, New York..
147
Case of The Joseph H. Toone.
United States Court, New York..
United States Court, Pennsylvania..
148
Case of The General Parkhill.
Caso of The Revere. United States Court, Massachusetts...
Case of The General Parkhill. United States Court, Pennsylvania.
Case of The Amy Warwick. United States Court, Massachusetts...
Transfers by enemies to neutrals during war void, as a fraud on belligerent rights...
Secret liens disregarded by courts of prize..
149
150
151
152
153
Case of The Arcola. United States District Court, Maryland.
155
Case of The Amy Warwick.. Claim of John L. Phipps & Co. United States District
Court, Massachusetts..
156
CHAPTER IV.
OF THE RIGHTS OF BELLIGERENTS TO INTERFERE WITH EACH OTHER'S COMMERCE, AND CAP-
TURE EACH OTHER'S PROPERTY; AND HEREIN OF EMBARGO; OF LETTERS OF MARQUE AND
REPRISAL; OF CAPTURE, AND JOINT-CAPTURE, AND RECAPTURE; OF POSTLIMINIUM AND
MILITARY SALVAGE.
The commerce of the enemy the legitimate prize of war.
Leading principles of national law on this subject..
159
The right as applied to slave property resulting from the civil war in the United States 161
Professor Parson's opinion upon this subject..
Efforts of the United States government to discountenance privateering.
Validity of capture not affected by reason of the captor being an alien enemy..
175
176
177
178
179
185
186
Limitation of the authority of letters of marque by the law of nations..
And whether actual possession necessary
187
188
189
190
194
Liability for mistakes in engagements with friendly vessels...
Lawful captures-only by public armed vessels or private armed vessels commissioned 194
Prize property subject only to visible and immediate encumbrances.
Doctrine of constructive assistance as between public and private armed vessels.
The rule..
209
211
The reasons of the rule..
Joint-enterprise as affecting the question of constructive assistance.
Mere intimidation, without co-operation, insufficient to establish rights as joint-captors 221
Nor mere association...
221
Unless in a direct military capacity.
Whether army forces can be entitled as joint-captors with naval forces..
225
Material service requisite...
226
Rights of joint-captors not vitiated by the fraud of actual captors..
228
RECAPTURE AND RESCUE.-Defined and distinguished..
Previous concert, sufficient basis to entitle as joint-captor, if not abandoned at the
time of capture
230
233
The right of postliminium by the laws of the United States.
238
239
Salvage not due to a national vessel on the recapture of another national vessel...
No hazard requisite as basis of right of salvage..
Every person aiding in a rescue has a lien for salvage.
The doctrine of vessels in sight applicable to recaptures as basis of salvage claim
Not allowed to privateers in sight when the recapture is made by a national ship.
Revenue cutters entitled as private ships..
243
244
245
24€
247
Rule of exclusion does not operate, if it would deprive the neutral of his accustomed
commerce...
OF THE EFFECT OF WAR UPON THE COMMERCE OF NEUTRALS; AND HEREIN OF BLOCKADE;
OF CONTRABAND OF WAR; AND OF THE RIGHT OF VISITATION AND SEARCH.
Rule the same as to the colonial and the coasting trade of belligerents.
259
260
262
263
267
The rule relaxed after, and by reason of the rise of the United States government...
The application of the rule, and the exceptions in particular cases..
Where direct trade is unlawful, cannot be pursued circuitously..
268
270
Penalty for violation of this rule..
The armed neutrality..
Doctrine of the United States on the subject of "free ships free goods".
272
274
275
Question as to provisions...
328
Pre-emption substituted for confiscation as to provisions.
329
Destined use-important consideration in determining questions of contraband
Where innocent goods are mixed with contraband, confiscation attaches to all.
Hostile dispatches contraband, subjecting vessel to confiscation..
330
332
And cargo, if owned by the owner of the ship...
333
Confiscation of entire property, the ancient penalty for dealing in contraband-relaxa-
The right as applicable to merchant vessels sailing under convoy..
339
Neutral states no power to release captures brought within their jurisdiction.
Treaties on this subject.
348
CASE OF THE TRENT.
ADDENDA TO CHAPTER V.
CHAPTER VI.
349
OF THE PRIZE JURISDICTION OF COURTS OF ADMIRALTY, AND OF THE PRACTICE AND PRO-
CEEDINGS OF PRIZE COURTS.
Jurisdiction may be exercised while the prize is in a neutral port.
383
384
385
Decree of condemnation requisite to complete a transfer of the property.
Decree final between the parties..
Rules as to first duty of captors on securing possession of prize.
With prize-master and prize crew, unless captured crew consent to navigate.
Captors prohibited from converting cargo, or breaking bulk.
394
Except in case of overruling necessity...
395
Duty of captors to send in the master and officers and some of the crew of the prize
vessel..
Importance of this rule and the consequence of its violation...
Duty of prize-master to notify the admiralty immediately on arrival.
396
And to deliver up papers found on board the prize, with an affidavit that they are in
the condition in which they were found, and all that were found....