LABAMA, case of the, 61
America, United States of. See United States
Armed Neutrality.-First, its doctrine as to contraband, 106; as to enemy's goods in neutral vessels, 140; as to blockade, 149 n.
Second, its doctrine as to contra- band, 110; as to enemy's goods in neutral vessels, 141; as to blockade, 149 n; as to visit of convoyed ves- sels, 173
Austria, neutrality ordinance of 1803,
65, 73, 84 n; practice as to what constitutes contraband, 116 n Asylum, to land forces of belligerent, 82; to his naval forces, 83
ASE of operations, when a neutral state is used as one, 57; and when not, 61
Bassompierre, Maréchal de, English list of contraband according to the, 100; English usage as to neutral goods in enemy's ships, 166
Belgium, refusal of passage by, to wounded, after battle of Sedan, 53 Belligerents, origin of their right to interfere with neutral trade, 18; car- riage of persons in the service of, 131; carriage of goods belonging to, in neutral ships, 135; carriage of neutral goods by, 164; convoy of neutrals by, 181 Bernard, Mr., on the twenty-four hours rule, 85
Bismarck, Count, remonstrances against English trade in contraband, 23, 116- 119; on belligerent right of using neutral property for warlike pur- poses, 188 Blockade, commercial, 89; authority under which a blockade is established, 144; what is sufficient maintenance,
145; when blockade ceases, 147; doctrine of United States as to effect of occupation by a belligerent of a place blockaded by him, 147 n; how a neutral becomes affected with know- ledge of a blockade, 150; blockade by notification, 152, 156; de facto, 153, 156; effect of cessation of block- ade, 156; exit from blockaded port, 157; what constitutes breach of blockade, 159; penalty of breach, 161: avoidance of blockade by inland navigation, 162; entry from distress into blockaded port, ib.; entry of ships of war, ib.; blockade of river partly in neutral territory, 163 Bluntschli, M., on the legal value of treaties, 8 n; on loans by neutrals to belligerent states, 49; on vessels equipped in neutral territory, 69 n; whether prizes can be admitted into neutral ports, 75 n; on the twenty- four hours rule, 85 n; on contraband, 112, 122 n; on convoy, 174 n Boscawen, Admiral, pursues a French
squadron into Portuguese waters, 34 Brougham, Lord, on relation of belli-
gerent states and neutral individuals, 18 n; on convoy, 176 Burnet, Bishop, French levies in Eng- land, 31
Bynkershoek, Who are neutrals, 35; whether a neutral may help an ally, 39; on levies in a neutral country, 40; on contraband, 104
United States with respect to block- ade, 154 n
Captor, duties of a, 184
Capture, for what reasons it takes place,
124, 128, 152, 157, 160, 179, 183 Cargo, penal consequences to, in case of breach of blockade, 161; of resistance to visit, 179
Cass, Mr., on commercial blockades, 90 n
Chesapeake, case of the, 76
Clothing, whether contraband, 121 Coal, restrictions on supply of, to belli- gerent ships in English ports, 58 n; in ports of United States, 59 n; whether contraband, 118 Commission, conclusive evidence as to public national character of a vessel, 63; effect of grant of, to a vessel pre- viously fitted out, or captured in vio- lation of neutrality, 79 and ib. n Conquest, whether it puts an end to blockade of the territory conquered,
Consolato del Mare, its rule as to
enemy's goods in neutral ships, 136; as to neutral goods in enemy's ships, 165 Contraband, Grotius upon, 95; practice with respect to, in the xvii. cent., 99; treaties with respect to, 99 n, 100 n, 108 n, 109 n, 110 n, 111 n, 116 n, 123 n; practice in the xviii. cent., 101; Heineccius upon, 104; Bynker- shoek upon, ib.; Vattel upon, 105; Valin upon, ib.; practice in the xix. cent., 109; Ortolan upon, 112; Bluntschli upon, ib.; Heffter upon, 113; whether limited to munitions of war, 114; classification of objects included in it, 115; horses, saltpetre, and sulphur, ib.; materials of naval construction, 117; ships, 118; coal, ib.; provisions, 119; clothing, money, and metals, 121; penalties affecting, 122; effect of, on vessel carrying it, 124; on innocent goods in the same vessel, 125
Convoy whether convoyed ships can be visited, 169-76; treaties as to, 172- 174 n; effect of resistance by neutral convoy, 180; by belligerent convoy,
124; on enemy's goods in neutral vessels, 142
De Martens, on neutral state duty, 43; on the right of a belligerent to seize neutral property within his jurisdiction for his warlike purposes,
Denmark, dispute with Great Britain as to seizure of Swedish vessels at Oster Risoer, 24; loan of troops to Russia under treaty, 39, 49; rule as to admission of prizes into her ports when neutral, 75n; practice with regard to contraband, 103, 106, 110; joins the First Armed Neutrality, 106; prac- tice with regard to enemy's goods in neutral vessels, 140, 141, 143; as to notification of blockade, 154 n; dis- pute with England as to visit of con- voyed ships, 172; controversy with the United States as to neutral vessels under belligerent convoy, 181 Despatches, carriage of, for a bellige- rent, 128; to or from diplomatic agents in a belligerent country, ib. Duclair, sinking of English ships at,
ENEMY ships, enemy goods, doctrine
of, introduced by France, 165; adopted by Dutch as an equivalent for free ships, free goods, 166; prac- tice of the xviii. cent., 167; given up by France, 168
Engines, marine, whether contraband, 117
England. See Great Britain Expedition, what constitutes an, 59
France, outfit of privateers in the United States, 24; levies in England, 31; loans of regiments to Holland, 31; dispute with England in 1777, as to American privateers, 42; neutrality law, 67; rule as to admis- sion of prizes into her ports when neutral, 75 n; Ordonnance of 1584, 136, 165; Réglement of 1650, 166; Ordonnance of 1681, 101, 108, 157, 166; Réglement of 1704, 94, 101, 139, 167, 184; of 1744, 94, 139, 157, 184; of 1778, 139, 167, 184; practice with regard to what constitutes contraband in the xvii. cent., 101; in the xviii. cent., ib., 106, 107; in the xix. cent., 108, 115, 118; with regard to penalty, 123; to enemy's goods in neutral ships, 137, 139, 142, 143; as to noti-
fication of blockade, 151; as to exit of vessels lying in a port at commence- ment of its blockade, 157; as to what acts constitute a breach of blockade, 159; as to neutral goods in enemy's ships, 165, 168; as to ships captured for destruction &c. of papers, 183 Fraudulent acts, operate to condemn vessel carrying contraband, 125; spoliation of papers and provision of false documents, 183 Free ships, free goods, doctrine of, its first appearance, 136; the Dutch its true promoters, 138; France becomes its advocate, 139; the Armed Neu- tralities, 140; the Declaration of Paris, 143
Freya, case of the, 172
Genêt, M., his attempt to violate the
neutrality of the United States, 44 Geneva, tribunal of arbitration at, doctrines advanced by the United States before the, 23, 57, 79; opinion of Count Sclopis and Baron Itajuba as to revocability of the privilege of extra-territoriality accorded to foreign public vessels, 79 n. Georgia, case of the, 61 Germany. See Prussia
Goods, belligerent in neutral vessels, 135; practice of the middle ages, 136; of the xvii. cent., ib.; of the xviii. cent., 139; modern, 142 - Neutral in belligerent vessels, 164; practice in the middle ages, 165; in the xvii. cent., 166; in the xviii. cent., 167; modern, 168 Graham, Sir J.; naval stores contra- band according to English doctrine, 117 n.
Great Britain, treaties for supply of troops, 38; dispute with France in 1777 as to American privateers, 41; regulations with respect to supply of coal to ships of war, 58 n; conduct of with respect to Portuguese expedi- tion to Terceira, 59; Foreign En- listment Act, 67; rule as to admission of prizes to her ports when neutral, 75 n; practice as to what constituted contraband in xvii. cent., 100; in xviii. cent., 102; in xix. cent., 110, 115, 117, 118, 119; as to penalties, 122; as to enemy's goods in neutral vessels, 138, 140, 143; as to what constitutes an efficient blockade, 145; as to what ends a blockade,
147; as to notification of its exis- tence, 150; as to exit of vessels from a blockaded port, 157; as to what constitutes breach of blockade, 159; as to penalty of breach, 161; as to neutral goods in enemy's ships, 165-8; dispute with Holland as to visit of convoyed ships, 170-1; with Sweden, 171; with Denmark, 172 Grotius on neutrality, 30; on contra- band, 98
AMILTON, Marquis of, his expe-
Mr., on remedy for captures made in violation of neutrality, 25 Hanseatic Towns, rule as to admission of prizes into their ports when neu- tral, 75 n Hautefeuille, M., on the legal value of treaties, 7; on blockade, 148, n Heffter, M., on vessels equipped within neutral territory, 69 n; on contra- band, 113; on preemption, 122 n; on blockade, 148`n
Heineccius, on contraband, 104 Hemp, whether contraband, 117 Holland, neutrality laws, 68; rule as to admission of prizes into its ports when neutral, 75 n; practice as to enemy's goods in neutral vessels, 143; early usage of Hollanders as to neu- tral goods in enemy's ships, 165. See also United Provinces. Horses, whether contraband, 115
TAVAL STORES, whether contra- band, 117
Netherlands. See Holland and United Provinces.
Neutral individuals, their relations with belligerent states, 18, 21, 87; confusion of law relating to them with that relating to states, 23; heads of law affecting them, 97 – property within belligerent jurisdic- tion, its use for warlike purposes by a belligerent, 186; treaties on the subject, 187
- States, their duties in the xvii. cent., 29, 32; in the xviii. cent., 35, 47; how far responsible for acts done within their territory, 17, 62; whe- ther responsible for acts begun within, and completed without their territory, 60; duty of exacting reparation for violations of their neutrality, 75; of making reparation for permitted vio- lations, 82
ANDO, on levies made by a belli- gerent in a neutral state, 40 n. Papers. See Ship's Papers.
Paris, Declaration of, whether binding in law, 13; as to enemy's goods in neutral vessels, 143; blockade, 149, 150 n; neutral goods in enemy's vessels, 168
Pepys, Mr., on the attack upon Dutch ships at Bergen, 35 n
Phillimore, Sir R., on loans by neutrals to belligerent states, 49; on con- demnation of prizes lying in a neu- tral port, 74 n; whether prizes can be brought into a neutral port, 75 n; on provisions as contraband, 120 n Pickering, Mr., on neutral goods in enemy's vessels, 168 n
Pierce, President, on trade in contra- band, 23
Pistoye et Duverdy, MM., on blockade, 149 n
Portugal, rule as to admission of prizes into its ports when neutral, 75 n. Preemption, English usage as to, 122 Prisoners of war, liberated by being
brought into neutral territory, 73 Prizes, whether they can be taken into neutral ports, 74; adjudication of while lying in neutral ports, 74 n; made in violation of neutrality, when and how restored, 77 and ib. n; whether restored if they have been carried infra præsidia of the captor's country, 78
Provisions, whether supply of ships of
war always innocent, 58; whether contraband, 112, 119 Prussia, complaints in 1870 against permission to export contraband from England, 23, 111, 119; rule as to ad- mission of prizes into its ports when neutral, 75; practice as to what con- stitutes contraband, 106, 116; joins the First Armed Neutrality, 106; use of English ships for purposes of war at Duclair, 188
OULE of the war of 1756, 92; its extension in 1793, 94 Russell, Earl, on carriage of belligerent diplomatic agents by a neutral, 134; on the meaning of the declaration of Paris as to blockade, 150 n Russia, joins the First Armed Neutrality,
106; practice with regard to contra- band, 106, 110; as to penalties of trade in contraband, 123 n; as to enemy's goods in neutral vessels, 140, 141, 143; doctrine as to immunity of convoyed vessels from visit, 172
ALTPETRE; whether contraband, 117
Shenandoah, case of the, 57 Ships, armed, outfit of, forbidden by
Venice &c., 43; outfit of forbidden by the United States, 46, 65; equip- ment in neutral territory, 63; is con- traband of war, 64; outfit forbidden by Great Britain, 67; by France, Italy, and the Netherlands, 68; pre- sent state of law as to outfit of, 69; within what limits their equipment ought to be forbidden by international law, 71 -merchant, applicability of some kinds
purposes of war, 72; effect upon, of carrying contraband, 113; of carrying despatches or persons for a belligerent, 127, 131; enemy's goods in neutral, 135-43; effect upon, of breach of blockade, 161; entry of into blockaded port when in distress, 162; neutral goods in enemy's, 164-8; visit of, 169; visit of when convoyed, 169-76 -of war, regulations as to supply of coal to in English ports during the American civil war, 58; in the ports of the United States, 59; special privileges accorded to, 73; hospitality and asylum to, 83-6; entry of, into blockaded ports, 162; are not subject to visit, 169 Ships' papers; what a vessel must be
provided with, 178; effect of spolia- tion of, 183; of false papers, ib. Sovereignty, what it is, 15; its con- nection with the law of neutrality, 16-18; redress for violation of, 75; effect on neutral property within bel- ligerent jurisdiction, 186
Spain, rule as to admission of prizes into its ports when neutral, 75 n; practice as to what constitutes con- traband, 106, 107; as to enemy's goods in neutral vessels, 139, 141, 143; as to neutral goods in enemy's vessels, 167-8
Story, Justice, on trade in armed vessels, 64; on procedure in claims for re- stitution of prizes made in violation of neutral sovereignty, 77; on a commission as proof of public na- tional character of a vessel, 79 n; on conduct permitted to a belligerent attacked in neutral territory, 81 n; on coasting trade, 95 n; on sailing under neutral convoy, 174; under belligerent convoy, 180
Stowell, Lord, on effect of contraband on rest of cargo, 125; on effect of re- sistance to visit, 180
Sulphur, whether contraband, 117 Sweden, dispute with Denmark as to right of neutral to help an ally under treaty, 39, 49; sale of surplus men of war by, 50; rule as to admission of prizes into its ports when neutral, 75 n; practice with regard to con- traband, 103, 106, 110, 118 n; joins the Armed Neutralities, 106, 110; practice with regard to enemy's goods in neutral vessels, 140, 141, 143; at- tempt to avoid visit of merchant ship by use of convoy in 1653, 170; dispute with England as to visit of convoyed ships in 1781, 171 Switzerland, passage of allied troops permitted in 1815, 52; denied to French in 1870, 52; asylum given to army of General Clinchant, 83
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