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E.

Embargo-Defined....

Warlike and civil..
Modern practice as to.
Operation and effect of.
Civil......
Civil, ordered by United States government in 1807.

PAGE
164
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169

F.

Further Proof--Order for, in a prize cause, when allowed by the court...

When not allowed..
Evidence on order for...
How taken, when ordered.

426
427
428
428

H.

Hearing, The-In prize-courts..

407
Presumptions of law on.

407
Effect of legal presumptions as burden of proof on.

407
Question of nationality of property on..

408
Question of national character of vessel on...

409
Question of national character, as affected by domicile on.

409
Question of national character, as affected by trade on..

409
Question of national character on, as affected by the flag or pass of the sbip.. 410
Question of the transfer during war of enemy's ships on.

411
Question on, as to transfers in transitu.

411
Question on, as to illegality of trade..

411
Questions on, as to violation of blockade, of contraband trade, of prohibited
commerce, of resistance to search...

412
Hostile Character-Impressed upon persons and property, subjecting to the liabilities of
alien enemies

109
By ownership of soil..

110
By hostile residence.

110
Uniformity of rule as to..

110
Illustrations of rule as to, in courts of admiralty.

111
Rule as to, applied in courts of common law..

113
Rule as to, as applied in the United States..

113
What residence is requisite to impress with.

115
Cases illustrating impression of, by residence...

116
Importance of the animus manendi as to, by residence..

117, 126
Personal residence not requisite to impress with.

124
Impressed by residence of agent..

124
Impressed by the nature of the trade..

124
Doctrine in the United States as to impression of, by the nature of the traffic. 125, 127
Impressed by official, without actual residence..

126
Of ship, determined by the residence of the owner..

130
Of ship, by her flag or pass..

130, 135
Of ship, by the nature of her employment..

131
Impressed by employment in the commerce ordinarily confined to the adrerse
belligerent...

133
Impressed by engagement in traffic under authority of the adverse helligsent. 134
Transfers in transitu, to avoid the rule of impression with..

138
Reservations of risk, to avoid the rule of impressment with.

141
Unsuccessful attempts to evade the rule of impression with, inade by neutrals,
during the war in the United States..

146
In the case of The Joseph H. Toone.

148
The General Parkhill..

149

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Hostile Character in the case of The Amy Warwick.

151
Not terminated by transfers from onemies to neutrals, the same being void as
in fraud of belligerent rights...

152
Secret liens on property impressed with, not regarded in prize-courts..

153
This doctrine discussed in the case of The Hiawatha..

153
The Crenshaw.

153
The Delta..

154
The Arcola..

155
The Amy Warwick..

156

N.

201

Neutrals Who are considered..

259
The general commercial rights of.

259
Rights of, as to pursuit of accustomed trade...

259
Exclusion of, from trade with colonial possessions of the enemy.

260
Reasons for the rule of exclusion of from the enemy's colonial trade.
Consequences of violation by, of the rule of exclusion from the enemy's colo-
nial trade.

262
Confiscation of property of, for employment in enemy's colonial trade, by for-

mer rule, penalcy not now exacted, except in cases or specific fraud.. 263
Excluded as well from the coasting as the colonial trade of belligerents. 263
Admitted to colonial trade in time of peace, not excluded in time of war... 267
Rule of admission of, to colonial trade in war which had been allowed in time
of peace, whence it originated

267
Cases illustrating the application of the rule of admission of, to colonial trade in

war, which had been permitted in time of peace, and exceptions thereto.. 268
Circuitous trade by, unlawful, where direct trade prohibited.

270
Penalty for violation of this rule by..

272
Rights of, in connection with the question of “free ships, free goods," the

armed neutrality, and position of the United States government on this
subject..

274
Jurisdiction of, inviolable by belligerents..

346
Captures made in waters of, unlawful..

347
No power to release captures made beyond the jurisdiction of, when taken into
the ports of...

348
Treaty stipulations modifying the rule of non-interference by, in cases of capture 348

P.

Postliminium-Defined....

The general right of.
Termination of the right of.

The right of by the laws of the United States..
Privateers-Character of..

Their authority and power.
Must be commissioned..
Their tolerance, in conflict with the spirit of the age.
Efforts in United States to abolish,
Revocation of commission of
Validity of capture by, though master an alieu enemy.
Distinction between, and letters of marque.
Liability of registered owner of....
Rule of liability of registered owner of, not applicable to foreigners.
Limitation of liability of owners of..
Owners of, liable jointly and severally.

Not considered property, on capitulation
Prize—Jurisdiction, practice, and proceedings of courts of.

234
235
239
241
176
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184
186
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383

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Prize Jurisdiction vested in courts of admiralty......

383
Jurisdiction oxclusively in courts of the captor's country.

384
Property captured as, need not be in a port of the captor's country, to give the
court jurisdiction to adjudicate...

385
Decree of condemnation of property captured as, requisite to completo transfer
of title....

385
Decree upon property captured as, final between the parties-open to review
between governments

385
Prize Cargo_Unlivery of, pendente lite.

429
When unlivery ordered, and how effected.

429
Expense of unlivery of, by whom paid..

430
Order of appraisement and sale of, when made.

431
At whose expense, sale of, made, pendente lite.

431
Delivery of, on bail...

432
Liability of bail on delivery of.

433
Prize Commissioners—Their appointment, power, and duties.

396
Duty of, to receive possession of prize property...

397
Duty of, to seal it with their seals, and safely keep the same until process be
issued.....

397
Duty of, to receive papers found on board from the prize master, to take his
affidavit of identification, to seal up and file the same.

397
Duty of, to take the testimony of the witnesses, and rules as to the examina-
tion of (vide interrogatories in the Appendix)...

398
Duties of, prior to recent legislation by United States Congress..

452
Duties of, considered with reference to the act of Congress of March 25th,
1862, and judicial construction of the same...

452
Prize Courts-Letter from Sir William Scott and Sir John Nicholl to Mr. Justice

Story, in relation to jurisdiction of, and practice and proceedings in (vide
Appendix). .

386
Notes of Mr. Justice Story, in Wheaton's Reports, in relation to jurisdiction of,
and practice and proceedings in.

386
Extent, character, and peculiarities of jurisdiction of..

388
Prize, Decree-If no claim be filed on the return of the monition.

402
Of condemnation on hearing, and effect of .

406
Of condemnation and proceedings thereon...

413
Appeals from...

433
Prize Libel-Its proper form.

400
By whom filed...

401
Monition and warrant issued with.

401
How and by whom served...

402
Requisites of, considered and determined in the cases of The Revere and The
Empress...

455

R.

Ransom—Definition of...

Prohibited by act of Parliament of Great Britain.
Valid by the law of nations..

Not prohibited by statute of United States.
Recapture-Defined...

Distinguished from rescue..
A duty of public ship.

No commission requisite for.
Reprisals—Generally...

To redress individual wrongs.
Right of, acknowledged by all nations.
Acted upon in the United States ...

247
247
247
248
233
233
233
242

171
175
175

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Rescue-Defined ..,

233
A meritorious service..

23:
Unlawful, by captured crew of neutral merchant vessel—the doctrine consid.
ered with reference to the case of the Emily St. Pierre.....

255
RestitutionDecree of, effect, as to the question of costs and damages..
When costs and damages are allowed to claimants on decree of..

4
When costs and damages are allowed to captors on decree of..
How damages ascertained on decree of...
Decree of, how executed. ......
Decree of, on recapture..
When decreed, and on what terms as to payment of salvage on recapture.
As fixed by statute of the United States..

4
The doctrine of payment of salvage on, considered upou principle.

231
Right of Search-A belligerent right, established by the law of nations.

331
Penalty for resistance to .

335
Applied to merchant vessels only..

336
How exercised ...

336
Treaty provisions as to..

337
What to be examined in exercising the..

337
What ships' papers to be examined. .

338
Whether merchant vessels sailing under convoy are subjected to the..

339
Discussions and collisions on this subject.

340
Exercise of, as claimed by Great Britain for discovery in neutral ships and
removal therefrom of alleged British subjects..

343
As involved in the causes of the war of 1812 between the United States and
Great Britain...

344
For the suppression of the slave trade.

345

S.

241
241
241
242
243

Salvage, Military Definition of...

Due to recaptors, on restitution of recaptured property.
Rate of compensation as .
Due in cases of rescue as in recapture..
Due to uncommissioned recaptors..
Not due to a public vessel for recapture of another public vessel, by the

English law..
No hazard need be encountered to entitle to..
Every person aiding in a rescue has a lien for.
Joint recaptors entitled to...
Privateers in sight not entitled to, when recapture made by a public ship..
Revenue cutters entitled to, for recapture.:
Freight earned, contributes to pay.
Due from neutraly on recapture.
The doctrine of payment of military salvage on recapture, considered on prin-

ciple.....

243
2.
2443
214
211
213
2011
240

251

T.

Trent-The case of The, reviewed...

349

W.
War-Defined......

The power to declare, where vested..
The power to declare, where vested under the Constitution of the United

States

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War-Formal declaration of, considered requisite in early ages.

4
Formal declaration of, not required by the existing law of nations.

5
Proclamation of, for guidance of citizens and neutrals...
Act of Congress of the United States, declaring the existence of, considered

equivalent to a formal declaration.....
Its legal commencement-when by statute, the date of the act.

7
Effect of, on persons and property....

36
General right of reprisals and captures resulting from.

37
Right of capture and reprisal resulting from, in the middle ages.

38
Right of capture and reprisal resulting from, as modified by treaty....

38
Rule as to right of capture and reprisal resulting from, in absence of treaty
stipulations...

39
What property exempt from the rule of reprisal during.

40
Public debts, exempt from confiscation during.

40
Private debts suspended during, not confiscated..

41
Treaties as to confiscability of public funds during .

41
War Civil in the United States.

44
Belligerent blockade established in the conduct of the..

45
Wisdom of the policy of the belligerent blockade in prosecution of the, rather
than municipal interdict

45
Objections raised to the belligerent blockade in the prosecution of the.

46
Judicial discussions and decisions of questions in connection with the.

47
The Tropic Wind, opinion of Mr. Justice Dunlop...

48
The General Parkhill, opinion of Mr. Justice Cadwallader.

55
The Hiawatha and nine other cases, opinion of Mr. Justice Betts.

67
The F. W. Johnson, opinion of Mr. Justice Giles.

76
The Amy Warwick, opinion of Mr. Justice Sprague..

82
The Amy Warwick, on the claim of Dunlop, Moncure & Co., opinion of Mr.
Justice Sprague..

98

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