NEUTRALITY, conventional, described, 124.
NEUTRALS, their claim to have the commencement of war made
known to them, 7; transfers to, in transitu, of hostile
goods, inoperative, 44-46; sales to, by an enemy in time
of war must be absolute and unconditional, 47; defined,
123; their obligations, ib.; circumstances under which
they may assist belligerents, 124; to what extent their
territory is protected, 125; position of hostile property in
neutral territory, 126; and of neutral property in hostile
hands, and in our own at the commencement of hosti-
lities, ib.; position of, as to commerce with the enemy,
127; undue or partial submission to either belligerent,
subjects them to retaliation on the part of the other belli-
gerent, 129; exceptions to their right to carry on, during
war, their accustomed trade, 130; are not personally com-
promised by act of a hostile partner, 131; unless they act
as his agent, 132; her Majesty's declaration as to, 138;
their duty to make due inquiry as to existence of blockade,
elsewhere than at blockaded port, 152; position of, as to
notice of blockade, 154; as to egress from port blockaded,
155; must not even go near blockaded ports, 155; may
not cover enemy's goods with their own, 174; may not
carry on the coasting trade of the enemy, 182; may not
engage in the colonial trade of the enemy, 186; limita-
tions of the relaxations allowed to them in time of war,
194; review of those relaxations by Sir C. Robinson, ib.;
discrimination as to colonial trade, between neutral com-
merce and neutral property, 201; where they may purchase
ships in enemy's country, 208; position of, with respect to
liens on hostile ships, 210; of absolute right, are not to
be placed in a worse situation by war, 213; except in case
of absolute necessity, ib.; in what cases their vessels may
be detained to serve a belligerent, ib.; their liability for
carrying on commerce with either belligerent in contra-
vention of treaty, 214; the necessity for extreme circum-
spection with regard to contraband articles, 264; liable to
salvage, 358.
NEW YORK, State of, law of, as to privateers, 104.
NICHOLL, Sir J., cited as to proceedings in prize cases, 388-
396.
NOTTINGHAM, Lord Chancellor, cited, as to letters of marque,
OFFICERS OF BLOCKADE, unintentional illegality by, must be
indemnified by their government, 180.
ORDERS IN COUNCIL, defined, 372; the force given to them by
the Admiralty Court, 373.
OSTERMEYER, Mr., reference to his case, 35.
PACIFICO, Don, reference to his case, 94.
PACKET SHIP, carrying of merchandise by, where contraband,
219, 220.
PADDLE WHEELS, contraband, 258.
PALMERSTON, Viscount, his speech on reprisals cited, 91-94.
PARTNERSHIP, allegation of, inoperative to prevent condemna-
tion for trading with the enemy, 69.
PASS, General, not admitted in the courts, 284.
PASSPORT described, 283.
PAUL, Dr., cited, as to neutral property, hostile property, and
contraband, 126.
PENNANTS, question as to how far they communicate a character
of her Majesty's ships to other vessels, 336.
PETTY, Sir William, reference to his calculations on the velocity
of sound, 332.
PHILLIMORE, Dr., cited, on licences, 139.
PICKERING, Mr., cited, as to contraband, 242.
PINCKNEY, Mr., cited, as to contraband ships, 257.
PITCH AND TAR, where contraband, 238.
POLK, President, his message as to Mexican privateers, 103.
POSTLIMINIUM defined, 360; what property is within the rule of,
ib.; does not take effect in neutral countries, 361; except
with respect to persons, 362; requisites to, 361; limited
to the territories of the captors or of their ally, 361; right
of as to prize, and how long it subsists, 362, 363; does not
exist after conclusion of peace, 363; rule as to, with regard
to neutral assignee becoming an enemy, 364; statutory
rule of, as to ships of war, 364; rule of, as to property cap-
tured in an illegal trade, 365; rule giving effect to, as
between her Majesty's subjects and her allies, 365; suits
for, should be brought promptly, ib.
POTHIER, cited, as to provisions, 241; as to ransom, 346.
PRE-EMPTION, option of, should be promptly declared, 240;
where it arises, 270.
PRINCES, the weight to be given to their sole assertion, 166.
PRIVATEERING, described, 97; discriminated from privacy, ib.;
how authorized, 98; how checked, 99; endeavours to re-
press it, on the part of various states, 100, et seq.; pro-
clamation of 1854, respecting, 107; order of the French
government respecting, 110; denounced by Franklin, ib. ;
how commissionated under the Prize Act, 55 Geo. 3, c. 160,
111; in the colonies, 113; and in the United States, ib.
PRIVATEERS, who are the owners of, 116; their liabilities, 117,
118; their position as to capitulation, 119; cruelty on the
part of, operates to deprive them of their commission,
122; they may not be dispossesed by ships of war, ib.;
their commission, to be valid, must be sealed and signed,
ib.; distinction between them, and public ships of war, as
to joint capture, 32-34; must not intrude themselves
into an expedition not committed to them by the public
authority, 336.
PRIZE, adjudication of, must be had as promptly as possible,
306; former distribution of, between the crown and pri-
vateer, 315; since wholly granted to the latter, ib. ; under
commissions from the Lords of the Admiralty, how dis-
tributed, 315; right to, in relation to postliminium, sub-
sists until condemnation, 363; defined, 374; to whom it
belongs, ib.; on what principle divested by the crown, ib.;
principles of distribution of, 388-391; measures to be
taken by captor and neutral claimant respecting, 391-
396; jurisdiction of, in the United States, 396; the Royal
Proclamation the title deeds of flag officers, 398; procla-
mation of, see Appendix.
PRIZE-MASTER, may not be dispossessed by a second captor,
299; should be immediately put on board every prize,
306.
PROCLAMATION as to Russian vessels in British ports, 12; as to
embargo, 86; as to Russian merchant ships in foreign
ports, 87; as to reprisals, 95.
PRODUCE OF HOSTILE SOIL, Communicates the hostile character
to its possessor, 18.
PROVISIONS, where contraband, 240–244; relaxation of the rule,
247.
PRUSSIA AND THE UNITED STATES OF AMERICA, treaty between,
as to privateering, 104.
PUFFENDORFF, cited, as to the necessity of a declaration of war,
6; as to debts due to the enemy, 77.
RANDOLPH, Mr., cited, as to contraband, 242; as to contraband
ships, 257.
RANSOM BILLS, how enforced in our courts, 59; definition of,
344; where allowed, 345; effect of, 346; where due, ib. ;
how enforced, ib.
REAL PROPERTY, entitled to postliminium, 360; when posses-
sion of, confirmed, 362.
RECAPTURE, defined, in contradistinction to rescue, 347; when
property vests under, 347; application of the principle,
349-351; of enemy's ship taken originally by another
English cruizer, but lost by him, vests whole interest in
recaptor, 343; donation between enemy and enemy in, can..
not take effect, 351.
REPRISALS described, 89; they may emanate only from the
sovereign, 90; Viscount Palmerston's speech concerning,
91-94; general and special, discriminated, 95; effect of
the former, ib; order in council respecting, ib.
RESCUE, defined, in contradistinction to recapture, 347; by cap-
tured crew, a matter of merit rather than of duty, 352; by
crew, after capture, no bar to condemnation ib.; where the
escape of neutral captured proceeds from act of captor, it
is not either penal rescue or resistance, 353; by neutral
master, involves the property of his owner, ib.; by enemy
master, justifiable, ib.
RESERVATIONS OF RISK, in order to protect belligerent con-
signees, invalid, 47.
RESPONSIBILITY FOR WRONG DOING IN CAPTURE, where it lies,
304.
RETALIATION, in what case the term is applicable to neutrals,
129.
REVENUE CUTTERS, how far permitted to act under letters of
marque, 115; position of, as to capture, 326, 327; title to
salvage, 357.
RIGHT of SEARCH, retrospect of the principle, 272; league against,
by the Baltic powers, in 1781, ib., and in 1801..280; re-
view of the law upon, by Lord Stowell, 273-279; the
principle of vindicated, as a war right, 279; limited to
private merchant vessels, 282; must be conducted with
due consideration, ib.; declaration of her Majesty con-
cerning, 28th March, 1854..293.
ROADSTEAD, definition of, 384.
ROBINSON, Sir C., his review of the relaxations with respect to
neutrals in colonial trade, 194.
ROLLE'S ABRIDGMENT, cited as to trading with the enemy, 70.
ROMANS, their mode of declaring war, 5.
ROSIN, where contraband, 248.
RUBECQUE, M. de, reference to his case, 28.
RUCKERS, where contraband, 255.
RULE OF THE WAR, 1756, described, 186-194.
RUSSIA, supposition of a war between that power and England,
170; convention of, with England, as to right of search,
281.
RUSSIAN VESSELS IN BRITISH PORTS, royal declaration re-
specting, 12; declaration of French government on the
same point, 13.
RUTHERFORTH, cited as to moderation in warfare, 56.
RYDER, Sir Dudley, cited as to neutral property, hostile pro-
perty, and contraband, 126.
SADDLES, where contraband, 217.
SAIL-CLOTH, Contraband, 248.
SALVAGE, military, defined, 354; its distribution, ib.; what con-
stitutes, ib.; given in cases of rescue, as well as on re-
capture, ib.; previous intention of captor unnecessary to
establish claim of, 355; letter of marque not necessary to
establish, ib.; not due to a man of war for rescue of hired
transport in the same expedition, ib.; due on purchase of
vessel from the enemy at sea, for the purpose of being re-
stored to the owner, ib.; due to every person assisting in
rescue, 356; where not extinguished by subsequent cap-
ture and condemnation in enemy's port, ib.; on recapture
by man of war, due to all other men of war in sight,
356; due to revenue cutters and to store ships, 357;
question as to contribution of freight to, 357; not due,
except upon actual and bodily possession by recaptor,
358; due from neutrals, ib.; exemptions from, 359.
SALVORS, master and crew in case of merchant ships the only,
356.
SCREW PROPELLERS, contraband, 258.
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