three military officers and two persons in civil departments in the government of Batavia, who had come from Holland to take their passage to Batavia, under the appointment of the Government of Holland. The vessel was condemned in 1807 as a transport, let out in the service of the government of Holland.

The Atalanta, 6 C. Rob. 440

A Bremen ship and cargo were captured on a voyage from Batavia to Bremen, in July, 1807 having come last from the Isle of France, where a packet, containing dispatches from the government of the Isle of France to the Minister of Marine at Paris, was taken on board by the master and one of the supercargoes, and was afterwards found concealed in the possession of the second supercargo. Both ship and cargo were condemned.

139. VIOLATION OF BLOCKADE

The Juffrow Maria Schroeder, 3 C. Rob. 147

"Where a ship has contracted the guilt by sailing with an intention of entering a blockaded port, or by sailing out, the offense is not purged away till the end of the voyage; till that period is completed, it is competent to any cruisers to seize and proceed against her for that offense." In this case the plea of remissness in the blockading force in permitting vessels to go in or out, was held to avail, and the ship, which was a Prussian one taken on a voyage from Rouen to Altona and proceeded against for a breach of the blockade of Havre, was restored.

140. CONTINUOUS VOYAGES

The Hart, 3 Wall. 559, 560

"Neutrals who place their vessels under belligerent control and engage them in belligerent trade; or permit them to be sent with contraband cargoes under cover of false destination to neutral ports, while the real destination is to belligerent ports, impress upon them the character of the belligerent in whose service they are employed, and cannot complain if they are seized and condemned as enemy property." See the preceding case, The Bermuda, 3 Wall. 514.

The Maria, 5 C. Rob. 365

This was a case of a continuous voyage in the colonial trade of the enemy. The Court reviewed former cases and asked for further proof on the facts. On such further proof the court decreed restitution. See The William, 5 C. Rob. 385.

141. PRIZE AND PRIZE COURTS

The Ship La Manche, 2 Sprague, 207

This case held that captors are not liable for damages where the vessel captured presents probable cause for the capture, even though she was led into the predicament involuntarily, and by the mistakes of the revenue officers of the captor's own government.

The Zamora, L. R. [1916], 2 A. C. 77

The British War Office in 1915, acting under an Order in Council, requisitioned before condemnation certain copper of the cargo of the Zamora, a neutral Swedish vessel. The Court ignoring the Order, so far as in conflict with international law, which by tradition and in accord with the prize Act of 1864 was the law applicable in prize courts, said: "If the court is to decide judicially in accordance with what it conceives to be the law of nations, it cannot, even in doubtful cases, take its directions from the Crown, which is a party to the proceedings. It must itself determine what the law is according to the best of its ability, and its view, with whatever hesitation it be arrived at, must prevail over any executive order. Only in this way can it fulfill its function as a Prize Court, and justify the confidence which other nations have hitherto placed in its decisions."

INDEX

Abrogation of treaties, 241.

Approbation, of treaty, 212.

Absolutely contraband, what articles Arbitration, Hague Convention, 223;

are, 329.

Accession, to treaty, 212.

Accretion, acquisition of territory
by, 112.

Acquisition of territorial jurisdic-
tion, 108.

Admiralty law, basis of international
law, 10.

Adhesion, to treaty, 212.

Ad referendum, 210.

Aerial jurisdiction, 130.

Aerial warfare, 280.

Aircraft, 130, 281, 318.

Africa, partition of, 100, 113, 114.
Agreements. See Treaties.

Permanent Court of, 224, xli. See
Courts of Arbitration, Geneva Ar-
bitration, Venezuela.

Argentine Republic, limitation of
armaments, 86.

Armed neutralities of 1780 and 1800,
23, 299, 326, 345.

Armed merchant vessels, attitude of
powers, 276 et seq., 342.

Armies, Instructions for United States,
appendix i et seq.

Armistices, 289. See Flags of Truce.
Army, within the jurisdiction of
another state, 144, 145. See Com-
batants.

Aids to the memory, what they are, Asylum. See Right of Asylum.
185.

Aix-la-Chapelle, treaty of, 22, 164,
175, 209.

Alabama case. See Geneva Arbitra-

tion.

Alaska, sale of, to the United States,
111; territorial waters of, 125, 126.
Aliens, rights of, as to naturalization,
134-138; jurisdiction over, 138-140.
Alternat, use of, in signing treaties,
98, 176, 207.

Amalfitan tables. See Sea Laws.
Ambassadors, sending of, 16; juris-

diction of Supreme Court as to,
40; immunities of vessels carrying,
129; office of, in early days, 162,
163; rules as to, 162-168; suite of,
168; who may send, 169; who
may be sent as, 170; credentials,
etc., of, 170; et seq.; ceremonial
as to, 173-177; functions of, 184-
186; termination of mission of,
186-188; immunities and
leges of, 177-184.

American policies, 83-87.

Angary, 254, 355.

Anglo-Japanese Alliance, 214.

Appeal from prize courts, 40, 359.

privi-

Austria, one of the Great Powers, 98.

attitude of, at the Congress of
Troppau. 99; relations of, to the
Triple Alliance, 101; convention
of, as to the Suez Canal, 120; juris-
diction of, over foreign-born subjects,
133.

Auxiliary navy, 274.

Ayala, writer on International Law,
3, 33, 248.

Balance of power in Europe, 81-83.
Balloons, launching of projectiles,
etc., from, 281.

Base of operations, neutral territory
as, 311.

Bays, as affecting jurisdiction, 118;
as affecting neutrality, 311.
Belgium, recognition of, 51, 54; neu-
tralization of, 58, 100, 214, 300;
attitude of Great Powers as to, 100;
jurisdiction of, as to foreign-born
subjects, 133; marriage, 134.
Belligerency, recognition of, 66-69.
Belligerents, non-hostile relations of,
286 et seq.; carriage of, 337.
Bentham, author, 8, 35.

Bering Sea, controversy as to, 125, 126.

time, 177.

Berlin Conference, attitude of, as to Ceremonials, inequalities in, 98; mari-
spheres of influence, 113.
Berlin Convention of 1906 and wire- Cessation of hostilities, 289 et seq., 294.

less telegraphy, 130.
Berlin Decree of Napoleon, 228, 345.
Berlin, treaties of, 209.

Bessarabia, cession of a portion of, 110.
Blockade, in case of United States of
Colombia, 64; pacific, 229; visit
and search in case of, 339; history
of, 344; conditions of existence of,
345; a war measure, 345; declara-
tion of, 346; notification of, 346;
must be effective, 347; cessation of,
348; violation of, 350; continuous
voyages in case of, 351 et seq.
Bluntschli, writer on International
Law, 93, 148.

Bombardment, 271.

Boniface VIII, Pope, 17.

Booty, 256.

Boycott, 226.

Cession, as a means of acquiring terri-

tory, 110, 111; of jurisdiction, 111.
Chargés d'affaires, rules as to, 166, 167.
Charitable institutions, 252.
Chesapeake and Delaware Bays, juris-
diction over, 118.

Chile, belligerency in case of, 65; con-
vention with Argentine Republic as
to armaments, 86; right of asylum
in, 183.

China, payment of indemnity by,
64 n.; international law as applied
to, 4; jurisdiction of, over aliens,
139; termination of treaty of, with
Japan, 217; treaty of peace of, with
Japan, 295.

China, case of the, 338.

Chivalry, its influence on Interna-
tional Law, 18.

Brazil, belligerency in case of, 65; Churches. See Religion.

neutrality of, 316.

Briefs of the conversation, 185.
British Guiana, boundary line of, 85.
British Orders in Council of 1807, 228.
British South Africa Company, history
of, 61, 62.

Citizenship, as affected by naturaliza-
tion, 133; dual, 134.

Civil law. See Roman Law.

Civil war, intervention in case of, 93;
when it begins, 237.
Classification of treaties, 213.

Brunus, writer on International Law, 3. Clayton-Bulwer Treaty, as to the

Brussels Conference, 209.

Bulgaria, recognition of, 51.
Bureau of Information, 285.
Bynkershoek, writer on International
Law, 21, 35, 43, 122, 248, 303.

Calvo, writer on International Law,
36, 178, 214.

Canada, fisheries of, 124.

Canals, Suez, 120; Panama, 121;
Corinth, 121; Kiel, 121; neutraliza-
tion of, 301.

Panama or Nicaraguan Canal, 121.
Cleveland, President, attitude of, as to

United States of Colombia, 64, 65;
neutrality proclamation of, 305 n.
Coal, when not to be supplied to bel-

ligerents, 315; as contraband of war,
330: auxiliary ships carrying, 336.
Combatants, who are, 245.
Commencement of war, 236.
Commerce and sea laws, 19.
Commerce, freedom of, 231.
Commissions of Inquiry, 222, xliv.

Canning, George, on the neutrality | Common law, 10.

of the United States, 303.

Canon law, 9, 17.

Condemnation for carrying contra-
band, 333.

Capitulation, what it is, 290; in ex- Conditionally contraband, what arti-

cess of authority, 291.

Capture and ransom, 278.

Capture of hostile private property,
253, 278; goods as determined
by ownership, 326 et seq.
Cartel ship, exemption of, from cap-
ture, 259; defined, 287.
Cartels, what they are, 205, 285, 287.
Catacazy, minister from Russia, 187.

cles are, 330.

Conference, First International Peace,
26; Second, 28; Third, 28.
Conference of London of 1871, 41.
Conference on Limitation of Arma-
ment, 30, 277, cvii.
Conferences and congresses as a means
of settling disputes, 222, 223.
Confiscation of property in war, 251.

Congo Free State. See Kongo Free Customs of Amsterdam. See Sea Laws.