UNITED STATES COURTS OF ADMIRALTY-continued.

admiralty, but take take jure reipublicæ, 387; jurisdiction
as to prize in, 396.

VALIN cited as to law of France on trading with the enemy, 57;
as to the protection of neutral territory, 215; as to pitch
and tar, 239; as to provisions, 241; as to right of search,
278; as to friend's goods in hostile ships, 309; as to pro-
tection to fishermen, 316; as to recapture, 344; as to
ransom, 346.

VASSALS, under the feudal system, their liabilities and their ex-
emptions, in case of war, 53.

VATTEL cited as to the definition of war, 1, 2; as to the first ope-
ration of war, 3, 4; as to the necessity of a declaration of
war, 6; his definition of declaration and of denunciation of
war, 7, 8; cited as to the treatment of enemies' persons
and property found within the realm at the commencement
of hostilities, 10; as to allies, 52, 53; as to moderation in
warfare, 56; as to debts due to an enemy, 74, 77; as to
property of enemy, 80; as to reprisals, 89, 90; as to
privateers, 99; as to neutrals, 123; as to neutral property,
131; as to neutral territory, 134; as to enemy's property
in neutral ships, 137; as to blockade, 139; as to neutrals
granting passage to belligerent forces, 170; as to protec-
tion of enemy in neutral territory, 215; as to contraband,
217; as to ambassador's despatches, 233; as to confisca-
tion of contraband, 263; as to right of search, 272, 277.

W.

WAINSCOT-PIECES, where contraband, 255.

WAR, definition of, by Vattel, 1; by Bacon, ib.; by Manning,
ib.; it can only be exercised by the sovereign, 2; it is
either offensive or defensive, ib.; defensive and offensive
war discriminated, ib.; instruments of described, 3; how
justified, 4; must be declared, ib.; how declared by the
Romans. 5; by the Germans, ib.; by the monarchies of
Europe, ib.; by the United States, ib.; how declared in
the middle ages, ib. ; declaration of in modern times only
requisite to our own people, ib. ; and 6, 7; the opinion of
Grotius on the subject, 5; of Puffendorff, Emerigon, Vat-
tel, and Bynkershoeck, 6; commencement of should be

WAR-continued.

published to neutrals, 7; denunciation of and declaration of
discriminated, 7, 8; effect of its existence upon the sub-
jects of the belligerent states, 8; declaration of may be
retroactive in its effect, 9; effect of on the persons and
property of the enemy found within the realm at the outset
of hostilities, ib. et seq.

WAR of 1793, reference to, 54.

WARFARE, its objects described, 54; its licence in former times,
55; later modifications of that licence, ib., 58; by land and
sea discriminated, 56.

WATT PASSAGE, topographically considered, 165.

WEATHER unfavourable will not operate against a claim of joint
capture, otherwise valid, 329.

WEBSTER, Mr., cited as to right of search, 281.

WHEATON, Dr., cited as to free ships, free goods, 308-312.
WINES, difficulty in describing them with relation to a licence in
particular cases, 73; wines where contraband, 246.

WIRT, Mr., Attorney General of the United States, cited as to
hostile colonial trade, 203.

WISEMAN, Sir H., cited as to contraband provisions, 243.
WOLFIUS cited as to licence in warfare, 56.

WRONG-DOERS in capture are themselves solely responsible, 303.

THE END.

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.

T.

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

UNITED STATES COURTS OF ADMIRALTY-continued.

admiralty, but take take jure reipublicæ, 387; jurisdiction
as to prize in, 396.

VALIN cited as to law of France on trading with the enemy, 57;
as to the protection of neutral territory, 215; as to pitch
and tar, 239; as to provisions, 241; as to right of search,
278; as to friend's goods in hostile ships, 309; as to pro-
tection to fishermen, 316; as to recapture, 344; as to
ransom, 346.

VASSALS, under the feudal system, their liabilities and their ex-
emptions, in case of war, 53.

VATTEL cited as to the definition of war, 1, 2; as to the first ope-
ration of war, 3, 4; as to the necessity of a declaration of
war, 6; his definition of declaration and of denunciation of
war, 7, 8; cited as to the treatment of enemies' persons
and property found within the realm at the commencement
of hostilities, 10; as to allies, 52, 53; as to moderation in
warfare, 56; as to debts due to an enemy, 74, 77; as to
property of enemy, 80; as to reprisals, 89, 90; as to
privateers, 99; as to neutrals, 123; as to neutral property,
131; as to neutral territory, 134; as to enemy's property
in neutral ships, 137; as to blockade, 139; as to neutrals
granting passage to belligerent forces, 170; as to protec-
tion of enemy in neutral territory, 215; as to contraband,
217; as to ambassador's despatches, 233; as to confisca-
tion of contraband, 263; as to right of search, 272, 277.

W.

WAINSCOT-PIECES, where contraband, 255.

WAR, definition of, by Vattel, 1; by Bacon, ib.; by Manning,
ib.; it can only be exercised by the sovereign, 2; it is
either offensive or defensive, ib.; defensive and offensive
war discriminated, ib.; instruments of described, 3; how
justified, 4; must be declared, ib.; how declared by the
Romans. 5; by the Germans, ib. ; by the monarchies of
Europe, ib.; by the United States, ib. ; how declared in
the middle ages, ib.; declaration of in modern times only
requisite to our own people, ib. ; and 6, 7; the opinion of
Grotius on the subject, 5; of Puffendorff, Emerigon, Vat-
tel, and Bynkershoeck, 6; commencement of should be