SEA LETTER OR BRIEF, described, 284.
SEA PASSAGES, question of, in relation to blockade, considered,
SHAFTS FOR MARINE ENGINES, contraband, 258.
SHIP BISCUIT, where contraband, 245.
SHIP STORES, in excess, contraband, 251.
SHIP TIMBER, where contraband, 254-256.
SHIPS, their national character, how determined by residence
of owner, 36; by pass of enemy, ib.; by flag of enemy,
42; in enemy's country, where neutral may purchase,
208; constructed for war, where contraband, 248.
SHIPS OF WAR, distinction between public and private, as to
claims of joint captors, 323; commanders of, must not
exercise undue discretion as to notice of blockade, though
a certain discretion in the matter is allowed on foreign
stations, 154.
SHIPS' PAPERS, effect of the want of, 287; suppression of, effect
of, 290; effect of false, 291; destruction of, ib.
SHIPS AND GOODS, distinction between as to effect of enemy's
flag and pass, 43.
SIGHT, the being in, its material effect in constituting joint cap-
ture, 318, 319; how it should be established, to constitute
a claim of joint capture, 332.
SILVER IN ENEMY'S SHIP, confiscation of, 211.
SIMSON, Sir E., as to salvage, 351.
SPANISH BONDS, Lord Palmerston's speech concerning them
cited, 91-94.
SPAIN, law of, as to trading with the enemy, 58.
SPARS, where contraband, 255.
STATUTE OF STAPLES, its provisions as to the treatment of domi-
ciled foreign merchants at the commencement of hostili-
ties, 11.
STODDART, Dr., cited as to the rights of alien enemies, 15.
STORE SHIPS, title to salvage, 357.
STORY, Mr. Justice, cited as to neutral cargos in hostile bot-
toms, 133.
STOWELL, Lord (Sir William Scott), cited as to the non-necessity
of declaration of war, 6; as to the retroactive effect of a
declaration of war, 9; as to commercial hostile character,
17-19; as to the inclination of individuals in relation to
war, 8; as to retroactive hostilities, 9; as to the revival
STOWELL (Lord)-continued.
of an enemy's right to property not duly confiscated, 11;
as to the inability of alien enemies to appeal to the High
Court of Admiralty, 15; as to hostile domicil abroad, 22—
24; as to hostile character by constrained residence, 25;
as to the revertibility of the native character, 26; as to
domicil in connection with the British East Indies, 27
et seq.; as to acquisition of hostile character by residence
of agent, 31; as to counting-houses or fixed establish-
ments being unnecessary to constitute hostile character by
residence, 33, 34; as to the effect of hostile residence
being limited to the transactions originating there, ib.; as
to hostile residence by commerce, 35; as to the character
of ships, 37; as to a national character independent of
mere personal residence, 39; as to hostile character from
engaging in trade peculiar to the enemy, 41 et seq.; as to
enemy's colonial trade, ib.; as to hostile character from
flag and pass of the enemy, 42; as to transfers in transitu,
44-46; as to reservations of risk to neutral consignors,
48; as to trading with the enemy, 57, 63; as to cartel
ships, 64, 65; as to trade with enemy by ally, 67; as to
fictitious destination, 68; as to allegations of partnership,
69; as to trading with enemy by land, 70; as to distinc-
tion between legal and illegal trading in time of war, ib.;
as to withdrawal of funds from enemy's territory, 72; as
to trade which may be regarded as virtually licensed, 73;
as to confiscation of debts due to an enemy, 75 (and 5); as
to embargo, 83, 84; as to letters of marque, 9, 116; as to
ownership of privateers, 117; as to foreign claimants on
privateers, 119; as to the property in privateers, 120; as
to acts of cruelty by privateers, 122; as to captures in
neutral rivers, 134; as to neutral territory generally, 135;
as to the two sorts of blockade, 140; as to the elements
of blockade, ib.; as to virtual relaxation of blockade with
regard to ships, 142, and to cargos, 143; as to complete
blockade, 144, 145; as to rigour in blockade, 147; as to
notification of blockade, ib.; as to warning of blockade,
149; as to effect of notification of blockade, ib.; as to
inquiry with regard to blockade, 152; as to the position
of Americans in relation to blockade, 153; as to non-
extension of blockade by officers, 154; as to breach of
blockade by ingress, 155; by egress, 156; as to excusable
blockade, 158; as to misinformation of, with regard to
blockade, by foreign ministers, ib.; as to excuses of
blockade by reason of want of provisions, 159, or of pur-
pose to ascertain the land, 160; or of intoxication of
master, 161; or of misinformation by blockading force,
ib.; as to non-effect of blockade on inland communica-
STOWELL (Lord)—continued.
tion, 162; as to effect of blockade in relation to rivers
flowing through conterminous states, 163; as to effect of
blockade on trade of interior countries, 172; as to evasion
of blockade by the less civilized powers, 173; as to non
delictum of owner ignorant of blockade, where master has
changed his course, 175; as to consequence of blockade
on ship and on cargo, 176, 177; as to egress with cargo from
blockaded port, 178; as to liability of owners for masters'
or consignees' misconduct, 179; as to statement of reasons
by captor, ib.; as to purgation of offence of blockade-
breach, 180; as to responsibilities of officers of blockade
acting illegally, ib.; as to coasting trade by neutrals, 182;
as to colonial trade by neutrals, 186-194; as to colonial
trade under licence, 200; as to the distinction between
neutral commerce and neutral property, 201; as to co-
lonial trade by neutrals conducted circuitously, 202; as
to trade of neutrals from hostile colony to their own ports,
208; as to purchase of enemy's vessels, 209; as to liens
by neutrals on hostile ships, 210; as to relaxations in
favour of corn going to an enemy afflicted with famine,
212; as to lending ships on freight, 214; as to trading
by packet vessels, 219; as to conveyance of hostile
despatches, 220-231; as to ambassadors' despatches,
231-235; as to articles of contraband-hemp, 236, 247;
copper, 237; pitch and tar, 238; provisions, 242; cheese,
244; sea-stores, 245; wine, 246; as to modifications of the
principle of contraband with regard to various articles, 247;
as to rosin, 248; sail cloth, ib.; ships of war, ib.; ships'
stores, 251; ship timber, 254-257; tallow, 259; tin-
plates, ib.; conveyance of military or naval persons, ib.—
263; as to consequence of contraband on ship and on
cargo, 265; as to character of port whither goods are
going, 266, 267; as to effect of contraband on neutral
shipowner, 269; as to pre-emption, 270; as to right of
search, 273; as to effect of colours and flag of a nation, 284;
as to knowledge of his cargo on the part of the master,
286; as to production of ship's papers by master, ib.; as
to alternative destination, ib.; as to general clearances,
287; as to effect of ships' papers, 288; as to the effect of
evidence of ships' papers and of depositions, 289; as to
suppression of ships' papers, 290; as to false papers, 291;
as to spoliation of papers, 292; as to the term "duly
documented," ib.; as to capture, in a particular case,
294; as to time and place of capture, 296; as to posses-
sion being unnecessary to constitute capture, 297; as to
reliance on the voluntary submission of neutral master,
298; as to priority of capture, ib.; as to the necessity of
STOWELL (Lord)—continued.
commission to constitute capture, 300; as to captures by
tenders, ib., and by boats, 301; as to capture by convoy-
ing vessel, 302; as to wrong doing by captors, 303; as to
prompt proceeding by captors to adjudication, 306; as to
proceedings on capture by seizors, 307; as to release of
captures by the crown, 314; as to fishing vessels, 315;
as to joint capture, 317; as to common enterprize in
joint capture, 318; as to constructive assistance between
private ships and king's ships, 322; as to the distinction
between the same, 323; as to revenue cutters, in joint
capture, 326; as to the duties of her Majesty's naval
officers in joint capture, 328; as to joint capture in rela-
tion to non-acting ships, ib.; as to sight from the mast-
head, 331; as to being in sight generally, 332; as to inti-
midation, without actual co-operation, 333-339; as to
joint capture by navy and army, 335-337; as to unfair
interposition in joint capture by privateers, ib. ; as to the
effect of hoisting pennants by troop-ships, 336; as to the
meaning of military co-operation on the part of troop-
ships, 337; as to fraudulent conduct of captor in joint
capture, 340; as to constructive joint capture after actual
engagement, 341; as to effect in joint capture of seniority
of commanding officer, 342; as to ransom generally, 345;
as to recapture, 347-351; as to neutral property recap-
tured, 351; as to rescue, contradistinguished from recap-
ture, 352; as to rescue after capture, ib.; as to rescue by
neutral master, 353; as to military salvage, 354; as to
salvage on constructive recapture by her Majesty's ships
with privateers, 356; as to salvage from neutrals, 358;
as to postliminium, 364, 365; as to promptitude in insti-
tuting suits for restitution, 365; as to licence, 366, 367;
as to construction of licence, 361-369, 371, 372; as to
orders in council, 373; as to prize, 374; as to the Lord
High Admiral, 377-379; as to sea-prize, 382, 383; as
to roadstead, 384; as to droits of Admiralty, 385; as to
distribution of prize, 388; as to head money, 397; as to
prize, 398.
SUPERCARGOES, their misconduct binds their employers, 177.
SUPPLIES TO A BRITISH COLONY, while in hostile possession,
prohibited, 62.
SWITZERLAND, position of, with relation to blockade, 172.
SYRACUSANS, their conduct towards Dionysius the elder, cited in
illustration of the rule of embargo, 85.
TALLOW, where contraband, 259.
TENDERS, not duly commissionated, cannot make captures, for
the benefit of the captor, 300.
THIRD PERSONS, intervention of, inoperative to prevent con-
demnation of cargoes for trading with the enemy, 68.
TIN-PLATES for canister shot, condemned, 66; contraband, 259.
TRADING WITH THE ENEMY, rule of the prohibition of, 57;
that prohibition can be only removed or relaxed by the
sovereign, 58; principal cases illustrative of the rule, 61;
prohibited equally by the common law courts, 69; par-
tial modification of the rule, 70, 71.
TRANSFER, contract of, when valid, 52.
TRANSFER in transitu, inoperative to divest goods of their hostile
character, 44-46.
TRANSPORT SHIPS, where they may make a claim of joint cap-
ture, 333.
TREATY OF ALLIANCE BETWEEN THE UNITED STATES AND
FRANCE IN 1778, described, 54, 100.
TROOPS, must be raised by the sovereign, 3; or by the deputies
of the sovereign on occasion, ib.
TURKEY, position of European merchants there, 28.
UNITED STATES OF AMERICA, their principle as to the com-
mencement of war, 5; do not consider previous declara-
tion necessary otherwise than by enactment of acts of
Congress, 8; as to the treatment of foreigners at the com-
mencement of hostilities, 11; law of, 1812, as to pri-
vateers, 162; law of, 1818, as to foreign enlistment, 105;
rule of, as to capture of neutral property, 132; their pro-
test against the rule asserted by Great Britain as to trade
with hostile colonies, 196; as to contraband, 242; views
of the government of, as to right of search and visitation,
281; as to "free ships, free goods," 312, 313.
UNITED STATES COURTS OF ADMIRALTY, their rule as to hostile
residence by agent, 32; doctrine of, as to effect of enemy's
flag and pass, 43; their rule as to property in transitu, 51;
as to trading with the enemy, 63; as to debts due to the
enemy, 77, 78; as to privateers, 100; rule of, as to salvage
and postliminium, 363; rule of, as to articles of naval equip-
ment in relation to contraband, 257; have no droits of
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