George III., by the Duke of Buck- ingham, 165.
Memorials and Correspondence of Charles James Fox (edited by Lord John Russell, London, (1853,) 258. Menochius, de Præsump., 714. Merchant Ships, Transfer of, by Enemy during War, 608. See Ships.
(non-commissioned,)
Master of, making illegal Capture, Owner not responsible, 617. Merlin, Repertoire, 324, 336, 356, 419, 424, 452, 470, 480, 481, 499, 648, 649.
Metals (unwrought,) considered as Contraband, 360. See Contraband. Mexican Blockade, Debate upon, with reference to the Treaty of Utrecht, 676.
Misconduct, Forfeiture of Captor's Title to Prize by, 484. Milan Decrees (1807,) 249. Military Courts of Judicature, Remarks upon, 186.
Stores, considered as Contra- band, 361. See Contraband.
Persons, considered as Contra- band, 369. See Contrabaud. Milton, Sonnet to Sir Henry Vane the Younger, 224.
M'Leod, Case of,-arrested on Charge
of Murder, by Americans, during Disturbances in Upper Canada, 51. Modern Reports. See Reports, List of.
Molloy, De Jure Maritimo, 256. Money (Coinage,) considered as Con- traband, 360. See Contraband. Monition (in Prize Suit,) Nature of, 589. To whom directed, ib. Re- turn of, ib. How served, 590. Moniteur (Le,) 402. Montagu (General,) Letter from Oliver Cromwell to, on the Subject of Visit and Search, 438.
Montesquieu, de l'Esprit des Lois, 25, 41, 68, 119.
Montpensier (Duke of,) Considerations respecting the Marriage of, with re- ference to Treaty of Utrecht (Lon- don: Ridgway, 1847,) 675. Moore's Common Pleas Reports. See Reports, List of. Privy Council Re- ports. See Reports, List of.
and Payne's Reports. See Re- ports, List of. Morning Chronicle, 663, 674. Mornington (Lord,) 198. Morris (Mr.,) American Minister in France, Extract of Letter from Mr. Jefferson (American Secretary of
State) to, as to Doctrine of Free Ships, Free Goods, 254. Moser, Versuch, 226, 246. Vermischte Abhandlungen aus dem Europe. Völkerrechte, 663.
Movable Property, Capture of, 504. See Postliminium, Recapture, &c. Legal Presumption arising from Si- lence in Treaties respecting, 652. See Treaty of Peace. Application of Doctrine of Postliminium to, after Peace, 680, 734. See Postliminium. Munroe (Mr.) Letter of, to Lord Mul- grave (Sept. 23, 1805,) on the Rights of Neutrals, 306. Letter to, from Mr. Pickering (Sept. 12, 1795,) on the Subject of Contraband, 347. Munster, Treaty of (1648,) as to fur- nishing Aid to Enemies of either contracting Parties, 210.
Naples, Withdrawal of French and English Ambassadors from (1856,) Preface, p. vi.
Napoleon I., Confiscation of Debts and Domains of Hesse-Cassel by, 708. Jerome Bonaparte made King of Westphalia by, 709.
National Character, of Individuals, in Time of War, ascertained by the Place of their Domicil, 114, 126, 603. See Domicil. Of Prize Pro- perty, 602. Of Ships, 606. See
Ships. Naval Stores, considered Contraband, 354. See Contraband. Nayade (The,) Case of Capture as Prize; Judgment of Lord Stowell, 76.
Necessity, Offences against Interna- tional Law, through, 61. Of Decla- ration of War, 75. Instances cited against, 76.
Negotiations for Peace, by whom may be made, 642. Where they should be carried on, 643. According to what Forms, 644. Neutrals, Duty of, to prevent War if possible between States, 5. Acting as Mediators between other States, ib. Effect of War, upon the Rights and Duties of, 201. Strict Impar- tiality must be maintained by, 202. Allowing Prizes captured by one Belligerent to be brought into the Ports of, 203. Furnishing auxiliary Troops to one Belligerent, pursuant to Treaty, 205. Declaration of Neu- trality by Sweden, respecting pre-
sent War (1854-5-6) between Eng- land, France, &c., against Russia, 207. The like by Denmark, 209. Permitting Enlistment of Troops by either Belligerent within Terri- tory of, 209. Right of, to stipulate to furnish one Belligerent, in Time of War, with Means of Assistance, 209. Law of England with respect to Foreign Enlistment, 212. Fo- reign Enlistment Act, 213. Assist- ing Belligerent with Money or Loans, &c., 221. Permitting to one Belli- gerent Passage through Territory or Waters of, 224. Treaties relating thereto, 225. Capture, by Belli- gerent, of Enemy's Ships within Territory or Waters of, 227. Juris- diction of, to restore Property of its own Subjects, brought within the Limits of its own Territory, 228. No Power to enquire into the Validity of Capture, ib. Affair of Terceira; Civil War as to Throne of Portugal, Conduct of Great Britain in, 229. Rights and Duties of, with respect to covering Enemy's Goods, 238. Trading with Belligerent, ib. Dis- course on the Conduct of the Government of Great Britain to- wards neutral Nations, 240. Doc- trine of Free Ships, Free Goods, 240- 253. The like, Enemy's Ships, Enemy's Goods, 247. Berlin and Milan Decrees, and British Orders in Council as to, 249, 250. French Ordonnance, Opinion of Sir W. Grant, upon, 251. Consideration of Treaties from 1642 to 1854, relating to the Subject of Free Ships, Free Goods, and Enemy's Ships, Enemy's Goods, 257. The Armed Neutrali- ties of 1780, 272. Propositions re- specting Neutral Vessels and Ene- my's Goods, contained in New Rus- sian International Code (1780,) 274. Interval between the Armed Neu- tralities, 277. Conduct of the Mem- bers of the Armed Neutralities in relation thereto, 279. Origin of Second Armed Neutrality, 285. Pe- riod between Dissolution of Second Armed Neutrality and War with Russia (1854,) 289. Argument from the Silence of Treaties on the Sub- ject of Free Ships, Free Goods, &c., 290. Waiver of belligerent Rights by England during Alliance with France in War against Russia, 292, and Preface, p. vi. Privilege of Neutral Flag covering Enemy's
Goods, not to extend to fraudulent Use of that Flag to cover Enemy's Property in Ship, 296. Miscel- laneous Points respecting the Ships and Goods of Nations with whom Treaties, authorizing the Maxim of Free Ships, Free Goods, &c., sub- sist, 296. Carrying on a Trade with Belligerent in Time of War, from which probibited in Time of Peace. See Coasting Trade, Colonial Trade, &c. Their Right to trade with belli- gerents in Time of War, in all Things excepting Contraband, and to block- aded Ports, 315. See Contraband. Duty of Neutral States respecting Prizes, 425. Consequences to, of resisting Right of Visit and Search, 434. Property of, on board armed Ship of Enemy, for Purpose of re- sisting Visit and Search, 440. Cap- tures made within Territory of, 456, 457. Condemnations by belligerent Tribunal, sitting in neutral Country, 470. British Prize Court, as regards Interests of Foreigners, do not en- quire into Sufficiency of Sentence passed by a neutral Court, 476. Cap- tures made within, and in violation of, neutral Jurisdiction, 477. Juris- diction of Neutral, to try Questions of Captures made within its own Waters and brought within its own Ports, 479. Ditto, where the cap- tured Vessel belongs to the neutral State within whose Ports it is brought, ib. Treaties altering the general International Law respecting the Non-interference of Neutrals as to Prizes brought into Ports of, 483. See Captures. With respect to the Right of Jus Postliminii, 503. Re- capture of Prize by, 527. Right of Belligerent to deliver captured Pro- perty of, on Ransom, 530. Neutral- ity of Prize, Onus of Proof on Clai- mant, 601. Residing in Enemy's Country, paying Taxes, &c., loses his Neutrality, 604. Consul residing and trading in Enemy's Country, deemed a Belligerent of that Country, ib. Ship purchased by, but engaged habitually in Enemy's Trade, 607. Ships may be bona fide purchased by Neutral from Belligerent in Bel- ligerent's Ports. See præsertim for Law on this Point, the Judgment of the Privy Council in "The Ariel," in the Addenda at the Beginning of this Volume. Interest of, in Cargo captured in transitu, 608. Allow-
ance of Freightage to, by Prize Court, 622. Ditto of Adventure and personal Expenses to Master of neu- tral Ship, 627. Power of Conqueror to seize Debts of Belligerent situated in Territory of, 694.
Neutral Merchant, trading with Ene- my, or in Enemy's Country, during War, 130.
States, how affected by War, 103. See Neutral. Neutrality. See Neutral. Newcastle (Duke of,) Letter from, to the King of Prussia (1753), as to Reprisals, &c., 14, 15.
Nicholl (Sir J.), Letter of to Mr. Jay, American Minister, on the Principles and Practice of Prize Courts, 551, 596, 620, 622, 623, 625, 626. Non-commisioned Captors. See Cap-
Noodt De Pactis, 164.
Normanby (Lord), Correspondence as to the Spanish Marriages, 674. North America. See America, (United States of.)
Norway. See Sweden. Notification, Blockade by, 384. See Blockade.
Obligations, &c., contracted between Subjects of Belligerent States before breaking out of War, how affected by War and subsequent Peace, 666, 735: See also Postliminium. Obligationes ex delicto, 48. Occupation of Territory, distinguished
from Conquest, 653, 682. Definition of, 682. Of Incorporeal Things,
Olmeda, 653. Ompteda, 638. Ordenanza para navegar en Corso (1621), 545.
Orders in Council (British) of 1854, as to Privateering during War with Russia, 427. As to Blockade of French Ports (1807), 250, 411, 416. Letter of Joseph Phillimore, L.L.D., respecting, 249. Prohibiting Ex- portation of Contraband Articles during War with Russia (1854), 361.
Orders in Council (of 1664), respecting
Visit and Search, 430. Conflicting with general Principles of Interna- tional Law; decision of Lord Stow- ell on the Duty of Prize Courts, 537.
Ordinances. See Ordonnances. Ordonnance de la Marine (par Valin), Provisions in, respecting Reprisals, 171. Referred to, 247, 248, 481,
512, 532, 564, 569, 570, 572, 586, 587, 588, 591, 592, 593, 595, 600, 629, 632.
Ordonnance du Roi concernant les prises faites par les vaisseaux, fré- gates et autres bâtimens de S. M. du 15 Juin, 1757, 492. Ordonnances of Louis XIV. as to Time of Possession necessary for vesting Right of Capture, 465. Relative to the Ports into which Prizes captured should be brought, 467. Of Spain, on the Subject of Recapture, 513. Of Holland, 514. Of Denmark, 516. Of Sweden, 517. Ortolan, Diplomatie de la Mer, 13, 25, 26, 361, 419.
Ottoman Empire. See Turkey. Oude, Annexation of, Preface, p. vi. Overtures for Peace, by whom may be
made, 643. See also Negotiations. Ovidius, 281, 639.
Owen's Reports. See Reports, List of. Owners of Vessels, National Character of, in respect to Suits for Prize, 603. See Domicil. How far bound by ille- gal Acts of Master of Ship, 614. See Master of Ship. Of non-commission- ed Merchant Ships, not responsible for illegal Capture by Master, 617.
Pacifico (M.), See Don Pacifico. Palmerston (Lord), Correspondence as to the Spanish Marriages, 674. Speech in Debate on the Mexican Blockade, 676.
Pando (De), Elementos del Derecho Internacional obra póstuma, 652, 653, 733. Paponius, Recueil d'Arrêts notables des Cours souveraines de France, 705.
Parker's Reports. See Reports, List
of. Parliamentary Debates. See Hansard. History of England, 278, 289. Passport. See Safe Conduct. Peace, Re-establishment of, after War, 638. Ditto by Treaty, 642. By whom Overtures for, may be made, 643. Where Negotiations for, should be carried on, ib. According to what Rules they should be carried on, 644. When Treaty of, takes
Effect, 644. Captures made after, 645. Effect of Treaty of, upon Mat- ters of Public Right, 650. See Treaty of Peace. Effect of, upon Treaties made prior to the War, 660. Grant of Amnesty on Return of, 699. Where, how, and under what Limitations Doctrine of Post- liminium may be applied to States and Subjects, on Return of, 680. Effect of, upon private Rights, Pro- perty, and Contracts of Subjects, 728. Effect of Conquest on Allegi- ance of Subjects, 737. How, and by what Causes it may be broken, 744. Persons, Status of, Application of Doc- trine of Postliminium to the, 729. Peter's United States Reports. See Reports, List of.
Pfeiffer, in Wiefern sind Regierung- shandlungen eines Zwischenherr- schers fur den rechtmassigen Regen- ten nach dessen Ruckkehr verbind- lich (1819), 681, 702.
Das Recht der Kriegserober- ung in Beziehung aus Staatscapita- lien, 685, 686, 687, 688, 689, 690, 692, 694, 697, 700, 701, 703, 704, 706, 707, 708, 709, 710, 711. Phillimore (Joseph) Speech of, on Foreign Enlistment Bill (1819),| 213. Speech on the Conduct of Great Britain in the Affair of Ter- ceira), 236. Letter of, on the Orders in Council (1812), 238, 249. Re- flections on the Nature and Extent of the License Trade by, 249.
(Mr. J. G.), Motion in the House of Commons, as to Waiver by England of Right of seizing Ene- my's Goods in Neutral Ships (July, (1854), 293.
Pickering (Mr.), Letter of, to Mr. Pinckney, on Neutral Vessels car- rying Enemy's Goods, 256. Letter to Mr. Pinckney (Jan. 16, 1797),
Pistoye (De), et Duverdy, Traité des Prises Maritimes, dans lequel on a a réfondu en partie le Traité du Va- lin, en l'appropriant à la Legisla- tion Nouvelle (Paris, 1855), 247, 248, 325, 326, 356, 418, 467, 469, 470, 479, 480, 481, 482, 483, 505, 510, 511, 512, 543, 544, 545, 565. Pitch, considered as Contraband, 357. Pitt (Mr.) Commercial Treaty between France and England (1787), 546. Plato cited, 747. Pleadings in Prize Court, Nature of, 588. Special Allegation not neces- sary, ib. Filing Libel, 589. Moni- tion to appear, ib. Notice to be given by Captors of Arrival of Prize in Port, 590. Prize Master to deli- ver up all Papers found on board Vessel, ib. Examination of Master, Crew, &c., of Prize, 591. See Evi- dence, &c. Further Proof, 597. See Further Proof. Sentence of Court, 617. See Sentence.
Polybii, Histor. Excerptæ Legationes, 504, 703.
Pompey, War of, with Cæsar, 704. Ponceau (M. Du). See Du Ponceau. Pope (The), Concordat with Austria. See Preface, p. iii. Portalis (M.), 523, 564,565. Ports, Captors in, 408. To which captured Property may be taken, 466. Prize taken into Neutral Ports, 479. Treaties altering, as between contracting Parties, the general In- ternational Law, respecting the Non- inteference of Neutrals as to Prizes brought into their Ports, 483. Ves- sels seized in, in England, belong to Lord High Ádmiral, 566. Under Blockade. See Blockade. Foreign, Evidence taken in, in Matters of Prize, 595, 602. See Evidence. Ship deviating into Blockaded Port,
Portugal, Civil War between Donna
Maria II. and Don Miguel, as to the Throne; Conduct of Great Britain in the Affair of Terceira, 229. Treaty with England (1654), referring to Doctrine of Free Ships, Free Goods, &c., 263. Ditto with Russia, (1798), 285. Ditto with Great Britain (1810), relating to Commerce and Navigation, 290, 378. Ditto, ditto, (1842), 291. Ditto with Cromwell, (1654), 291, 483. Ditto with Hol- land (1661), as to Captures, 483. Postliminium, with respect to Persons,
502. Ditto to Things, ib. Right
of, cannot be enforced in neutral Country, 503. Different Principle applied respecting Persons, 504. As to movable and immovable Property, 504-682. Where, how, and under what Limitations Doctrine of, may be applied to States and Subjects on Return of Peace, 680. Respecting Debts, &c., of Enemy seized by Con- queror, 686. International Practice as to, 700. Cases illustrative of, ib. Case of the Debts and Domains of Hesse-Cassel, 708, 719. Decisions of English Courts, concerning Right of confiscating public and private Debts of Enemy, 720. Ditto in Case of Wolff v. Oxholm, 721. Ditto, Opinions of Authorities upon which Judgment founded, 722. Decisions as to Right of Foreigners, or Indi- viduals who have changed their national Character, to claim for Com- pensation for Property confiscated, as Subjects of their original Country to which such Compensation is to be paid, 725. Ditto as to Right of Corporations in foreign Countries, 726. Country reconquered from Enemy, ib. Doctrine of, as to pri- vate Persons, Rights, and Property, which have been, during the War, under Dominion of Enemy, and not confiscated by the State, 728. Its application to the personal Sta- tus, 729. Ditto, to immovable Pro- perty, 731. Ditto, to movable Pro- perty, 734. Obligations, such as Debts, &c., contracted before the War, 735. De Captives et Postli- minio, et redemptis ab hostibus, Ex- tract from Voet, Comm. ad Pandect, App., 776.
Pothier, Traité du Droit de Propriété,
161, 345, 525, 532, 564, 579, 614. Practice in Courts of Prize Tribunals, general Outline of, 551. Respecting Power of Conqueror over incorpo- real Things, 700.
Pratt's (Dr.,) Story's Law of Prize, 407, 518, 551, 592-598. Preemption, Doctrine of, as applied to Cases of Contraband, 362. See Con- traband. Rate of Value payable to Owners of captured Property by Captors, 363. Decision of Lord Stowell respecting, ib. President (American,) Proclamation
of Neutrality (April 22, 1793,) 350. Presumption, legal, from Silence in Treaties. See Treaty of Peace, 652.
Presumptive Evidence, what is, of Enemy's Property in Prize, 596. Preussisches Landrecht, 381. Prisoners of War, Treatment of, by Belligerent, 142. Ransom for, 144. See Ransom.
Pritchard's Analytical Digest of Cases decided in the High Court of Admi- ralty, 312, 396.
Private Debts of Enemy. See Debts of Enemy, War, &c.
armed Vessels, Liability for Damages for wrongful Captures, &c., 579.
Rights, Persons, Property, &c., Application of Doctrine of Postlimi- nium to, 728. Privateers, Letters of Marque carried by, 137. Vessels used as, though not actually so employed as, at Time of Capture, not within Terms of Capitulation protecting private Property generally, 177. Public Property seized by, after having been ceded by Capitulation, but not taken Possession of by first Captors, 177. Captures made by, 427. Speech of Lord Grenville (November, 1801) on the Subject of, ib. Rule respect- ing their sharing in joint Captures, 489. Reward to, for Recaptures,— Law of Holland, 515.
Privy Council, Judicial Committee of the, Jurisdiction of, in Matters of Booty and Prize, 192-197. Consti- tution of Court of, 549.
Prize of War (See also Booty,) Resti- tution of, when captured before De- claration of War, 84. Taken during War, belong to the Crown or Exe- cutive, 189. Crown may dispose thereof as it thinks fit, 190. Claims respecting, not triable in any Muni- cipal Court, but in Court of Admi- ralty, 193. Jurisdiction of High Court of Admiralty in Matters of, 197. Neutrals permitting Prizes captured by one Belligerent, to be brought into their Ports, 203. See Captures. Capture and Recapture of, 503. Restoration of, to Owners upon Recapture, 503. Salvage Re- ward payable upon, 507. Recapture after Abandonment of Prize by Cap- tor, 507, 526. When it legally vests in Captor, 509. Private or munici- pal Laws of States as to Reward to Recaptors on Restoration of, 510- 518. Decisions of English and North American Prize Courts on Subject, 518. Several Recaptures,
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