"FREE SHIPS, FREE GOODS," definition of the term, 138; re-
view of this question, 308-314.
FREIGHT, where due to neutral carriers of hostile goods, 133;
payable on cargo of enemy in neutral ships, 305; where
liable to salvage, 357.
FREIGHTING A SHIP, where not necessarily a lending it to the
enemy, 214.
GERMANS, the ancient, their mode of declaring war, 5.
GERMANY, interior countries of, their position with relation to
blockade, 172.
GOVERNORS OF PROVINCES may, on occasion, raise troops, 3.
GRANT, SIR W., M. R., cited, as to importations from hostile
colonies, 204, as to contraband on return cargo, 268.
GREAT BRITAIN, position of the crown and laws of, in relation
to our East Indian possessions, 27, 29.
GREGORY, Mr., reference to his case, 73.
GROTIUS, cited, as to the declaration of war, 5; as to the treat-
ment of enemy's property and persons found within the
realm at the commencement of hostilities, 9; as to allies,
52; as to moderation in warfare, 55; as to debts due to
the enemy, 77; as to hostile commerce, 79; as to neutral
property, 131; as to neutrals granting passage to bel-
ligerents, 170; as to contraband, 216; as to free ships,
free goods, 309; as to ransom, 346.
GUADALOUPE, investment of, in 1794, 145.
GUNPOWDER, contraband, 258.
HALE, Sir M., cited as to debts due to the enemy, 7; as to
privateers, 97.
HAMMOND, Mr., cited as to provisions, 241.
HEAD MONEY, described, 397.
HEMP, where contraband, 236.
HOLLAND, Lord, cited as to liabilities of neutrals, 129.
HORSES, where contraband, 217.
HOSTILE CHARACTER-Commercial-described, 16; liability
under seizure, 17; how it may be acquired, ib. ; law of the
United States on the subject, 20; is not acquired by
a residence not intended to be continued, or which is
compulsory, 25; the animus manendi is its chief element,
26; by residence in a hostile or neutral country, is not
divested by periodical absence, 30; nor, on the other
hand, acquired by occasional visits to the hostile country,
31; the hostile character may be acquired by the resi-
dence of the party's agent, 31; to establish it, there
needs neither fixed counting-house nor establishment in
the hostile country, so that the party himself or his agent
is acting there, 33; effect of, is limited to the particular
transactions originating there, 34; further described, 35,
36, 39; acquired by engaging in a trade peculiar to the
enemy, 41.
HOSTILE CHARACTER BY RESIDENCE, is terminated by cessation
of the residence, 35.
HOSTILE CHARACTER OF GOODS cannot be divested by transfers
in transitu, 44.
HOSTILE PROPERTY IN NEUTRAL SHIP, principle as to, 128.
HOWICK, Lord, cited on duties of neutrality, 183.
INLAND COMMUNICATIONS, not affected by naval blockade so
far as neutrals are concerned, 161; but no such bye-way
of trade is permitted to British subjects, 162.
INSTRUCTIONS, must be fully produced by masters of ships to
cruizers, 286.
INTERIOR COUNTRIES, position of their trade with relation to
blockade, 171.
INTIMIDATION, mere, without co-operation and active assist-
ance, will not establish a claim of joint capture, 333, 339.
INVOICES, described, 285.
IRON, where contraband, 238.
JEFFERSON, President, his message in 1805 as to privateers,
101; cited as to contraband, 242.
JOINT CAPTURE, described, 317; capture de facto, and capture
by construction discriminated, ib.; true criterion of, 322;
distinction between public and private ships of war as to
claims of, 323; actual intimidation without co-operation
or active assistance will not establish a claim of, 333;
where the army is entitled to a claim of, with sea-forces,
337, 340; claim of joint captor favourably considered
where there has been previously an actual engagement
between him and the prize, 341; where previous concert
does not give a claim of, 342; effect upon, of seniority
in commanding officer, 342.
KENT, Mr. Chancellor, cited as to the treatment of enemy's
persons and property found within the realm, 9; the effect
of war upon the subjects of the belligerent states, 8; the
law of the United States as to hostile character, com-
mercial, 20; as to transfers in transitu, 51; as to the
relative position of belligerents, 54; as to distinction
between military and naval warfare, 56; as to confiscation
of enemy's debts, 77, 78; as to embargoes, 85; as to
reprisals, 95; as to privateering, 105, 106; as to neutral
trade, 196; as to colonial trade, 203; as to neutral terri-
tory, 215; as to contraband, 242; as to ransom, 345; as
to postliminium, 350.
KENYON, Lord, cited against trading with the enemy, 69.
LAPPIERRE, M., case of, 25.
LEE, Sir G. cited as to neutral property, hostile property, and
contraband, 126.
LETTERS OF MARQUE, declaration respecting their present non-
issue by her Majesty, 109; distinguished from privateer-
ing, 114; the possession of endue ships with the character
of ships of war, 116; how granted, ib.; how vacated,
120; how amortisable, 121.
LICENCE defined, 366; must emanate from the sovereign, and be
construed strictly, ib.; not usually granted to an enemy,
ib.; must be strictly limited as to time, 367; must be
strictly construed as to port of shipment, 368; and as to
individual to whom granted, 369; will not protect enemy's
property, 370; may be granted by allies, ib.; will cover
enemy's ship transmitting the goods licensed, ib.; will
not enable alien enemy resident abroad to sue in his own
name, 371; must be granted in clear and distinct terms, ib. ;
may sometimes be taken as granted, 372.
LIENS ON HOSTILE PROPERTY, relation of neutrals to, 210, 11.
LOCENNIUS cited, as to contraband provisions, 241.
LOG-BOOK, or ship's journal, described, 286.
MADISON, Mr., cited as to hostile colonial trade, 197.
MAGNA CHARTA, its provision as to the treatment of domiciled
foreign merchants at the commencement of hostilities, 10.
MAHOMEDANS, HINDOOS, AND JEWS, their privileges under
British rule, 29.
MANNING, Mr., cited, as to free ships, free goods, 314.
MANSFIELD, Lord, cited, as to the law on trading with the
enemy, 61; cited, as to neutral property, hostile property,
and contraband, 126; as to spoliation of papers, 292.
MARINE ENGINES contraband, 258.
MARINE TORT does not exist between belligerents, 361.
MARSHALL, Mr., cited on belligerent rights against neutrals, 214.
MARTENS cited as to the treatment of enemy's property and per-
sons found, at the commencement of hostilities, within
the realm, 9; as to moderation in warfare, 56; as to debts
due to the enemy, 78; as to the commerce of the enemy,
80; as to privateering, 97; as to conventional neutrality,
124; as to commerce with the enemy, 127; as to neutral
territory, 134; as to capture, 293; as to salvage, 358.
MAST-HEAD, question whether sight from, is sufficient to establish,
a joint capture, 331.
MASTERS must have knowledge of their cargo, 286.
MASTS Contraband, unless protected by treaty, 255.
MERCHANTMEN are allowed to make reprisals under letters of
marque, 112.
MILITARY AND NAVAL PERSONS, conveyance of, contraband,
MILLAR, Mr., reference to his case, 26.
MOGUL, the position of the Great, described, 28.
MOLLOY cited as to privateering, 114; as to letters of marque,
120; as to privateers, 121; as to neutral territory, 134;
as to neutral freight on enemy's goods, 137.
MONARCHIES OF EUROPE, the modern, their mode of declaring
war, 5.
MONEY, where contraband, 217.
MONROE, Mr., cited as to hostile colonial trade, 197.
MONTESQUIEU cited as to moderation in warfare, 56.
MOVEABLES, not in strictness entitled to postliminium, 360.
MURRAY, Mr., the American Consul, case of, 20.
MUSTER ROLL described, 285.
NATIVE CHARACTER, the, easily reverts, 26.
NAVAL STORES, where exempt from contraband, 253.
NAVY, practice of the, disposition of the Court to consider it
favourably, 319.
NEUTRAL CARGO, position of, in relation to blockade, 155, 156.
NEUTRAL MASTER, his liability as to knowledge of blockade, 149;
in hostile ship, principle as to, 128, 130.
NEUTRAL PROPERTY, rule of the United States as to, 132; re-
captured from one belligerent by another, position of, 351.
NEUTRAL RIVERS, inviolabiliy of, 134; their rights as to block-
ade, 164.
NEUTRAL SHIPS, their position in belligerent ports at the com-
mencement of hostilities, 126; do not enjoy the immunity
allowed to neutral territory, 137; except under treaty,
138; position of, in ballast, in blockade, 157; relaxations
in their favour, ib.; recaptured from the enemy, where
they may be armed by recaptor, 352.
NEUTRAL TERRITORY, rule as to commercial residence in, by
the subjects of belligerents, 21; inviolability of, 125; ex-
tends even to hostile property within it, 134; claims of,
considered, 165; question of the exemption of, from pur-
suit of victorious belligerent, 215; postliminium does not
take effect in, 361; except with respect to persons, 362.
|