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INDEX.

A.

PAGE
Alien Enemy-Defined.....

108
Hostility of, coextensive with allegiance

108
Hostility of, commences with war, and ends only with its termination.

109
Liabilities of, attached to those who do not owe allegiance to the adverse bel.

ligerent, by reason of hostility of character, impressed upon person or
property..

109
Allies—Rule of suspension of commerce, applicable alike to, as to actual belligerents . 27
Appeal—From decrees in prize causes..

433
Effect of, as to possession of the prize property or its proceeds..

433
To what courts made, under the judicial system of the United States..

434

B.

Belligerents, Lawful— Who to be so regarded..

Who to be so regarded in a civil war..
The question considered with reference to the civil war in the United States..
The Southern insurgents so declared by proclamation of the British Queen...
Legislative and judicial precedents as to ...
Not binding in the exceptional case of the slaveholders' rebellion
Rule of suspension of commerce between....
Foundation of the rule of suspension of commerce between.
Judicial decisions on the rule of suspension of commerce between.
Contracts suspended between....
Courts closed against enforcement of contracts between..
Rule of suspension of commerce between, relaxed in particular cases..
Rule of suspension of commerce between, rigidly enforced hy decision of United

States Courts....
Necessity of strict adherence to the rule of suspension of commerce between..
Penalty for the violation of the rule of suspension of commerce between.......
Truce or cartel ships, exception to the rule of suspension of commerce between
Contrivances to evade the rule of suspension of commerce between..
Rule of suspension of commerce between, enforced in law as well as admiralty

courts
Rule of suspension of commerce between, applicable on land as well as water .
Cases illustrating the enforcement of the rule of suspension of commerce be-

8
8
8
9
10
13
16
16
17
20
20
21

23
24
24
25
28

30
30

tween.

31

34

34

Mitigation of rule of suspension of commerce between, in cases of great hard-

ship..
Cases iliustrating the nitigation of the rule of the suspension of commerce

between..
Rights of, to interfere with the commerce and capture the property of those-

not adverse belligerents, whose persons or property are impressed with

hostility of character....
Rights of, as against each other...
Rights of, as against each other, leading principles as to.

108
159
159

PAGE

Belligerents—Rights of, as against each other, applied to slave property in the United
States--opinion of Professor Parsons.

162
Rights of, as to embargo.

164
Rights of, as to reprisals.

171
Rights of, as to captures.

176
Blockade-Definition of.....

275
A belligerent right by the established law of nations.

275
Requisites to the validity of.

274
Actual, requisite to validity—and what, in law, is intended by actual blockade 276
Knowledge of, by neutral-requisite either by formal notification or notoriety
of the fact..

278
Cases illustrating the question of knowledge of.

280
Violation of, requisite to subject neutral property to the penalty of confiscation 282
What constitutes a violation of..

283
What may excuse a violation of.

284
Excuses for violation of, severely scrutinized.

285
Excuses for violation of, regarded less severely in favor of less civilized nations 286
Penalty for violation of.

287
Vessel violating-not only in delicto, and subject to capture until the termina-

tion of the voyage, but on the voyage next succeeding that of the offence. 288
Duration of liability to capture for violation of, considered on principle and
authority..

289
Doctrine of liability to capture for violation of, extended to next succeeding
voyage, applied in the case of The Mersey..

290
Doctrine of liability to capture for violation of, extended to next succeeding
voyage, applied in the case of The Major Barbour..

291
Doctrine of liability to capture for violation of, extended to next succeeding
voyage, applied in the case of The Joseph H. Toone.....

291
Doctrine of violation of, by approach to the mouth of the blockaded port for
inquiry, considered in the recent case of The Cheshire...

292
Doctrine of violation of, by approach to the mouth of the blockaded port for
inquiry, considered in the recent case of The Delta...

292
Doctrine of violation of, by approach to the mouth of the blockaded port for
inquiry, considered in the recent case of The Empress.

293
Doctrine of violation of, by approach to the mouth of the blockaded port for
inquiry, considered in the recent case of The Admiral.

295
The doctrine considered, of violation of, by taking in cargo in a blockaded port
--and recent cases..

296
The right of, by a nation, of its own ports, considered in connection with the

blockade of the Southern ports, ordered by the government of the United
States.

299
Judicial construction of Executive proclamation of.

309
Objection that the peculiar phraseology of the proclamation of, modifies its
character, considered....

310
Question of alleged modification of character of, by the terms of the Executive

proclamation, discussed and determined in the case of The Empress.... 316
Question of alleged modification of, &c., discussed and determined in the case
of The Revere..

320
Question of alleged modification of, &c., discussed and determined in the case
of The Admiral..

323

C.

393
393

Captors-Duty of; on. capture....

Duty of, as to care and safe custody of captured property
Liability of, for neglect of safe custody or misconduct, in relation to captured

property...

393

PAGE
Captors—Duty of, to send prize into convenient port.....

393
Duty of, to put prize master and crew on board of prize vessel....

394
Prohibited from converting cargo, or breaking bulk. Exceptions to rule as to. 395
Duty of, to send master, principal officers, and some of the crew of the cap-
tured vessel into the port of adjudication as witnesses.

395
And great importance of strict observance of this duty.

395
Duty of, on arrival with prize at port of adjudication ..

396
Duty of, further considered, under orders and adjudications growing out of the
war in the United States...

436
Duty of, as to sending in captured property. Exceptions in case of physical
impossibility or moral restraint-Case of The British Empire....

436
The necessities of, either as personal supplies, or for use in the prosecution of
the war-excuse for not sending in captured property...

437
Duty of, to have property appraised which is not sent in, but appropriated to
government use..

438
Duty of, as to persons captured on board vessels...

439
Consequence of neglect of duty by, in not sending in captured master, officers,
and crew, as witnesses--considered in the case of The Julia...

439
Duty of, to treat captured persons as detained witnesses, not prisoners of war. 441
Duty of, not to separate captured persons from the prize, except in cases of ne-
cossity.

441
Duty of, as to treatment of captured persons, considered in the case of The
Louisa Agnes..

442
Duty of, as to vessel's papers.

442
Duty of, as to other papers found on board the prize.

449
Duty of, as declared in circular of the Navy Department of the United States. 450
Capture--Definition of..

175
By public and private armed vessels..

176
By privateers....

176
Authority and power of.

176
To be lawful, must be commissioned.

177
How regarded by the United States..

178
Considered in conflict with the spirit of the age..

178
Efforts made in the United States to abolish...

179
Revocation of commission for..

185
And letters of marque—distinction between..

186
Not invalid, though the master is an alien enemy..

186
Legality of, may depend on government order...

189
Intention to seize, requisite to the validity of.

,189
Invalid as to neutral power, if made in neutral waters—may be valid as be-
tween the belligerents

190
Question as to time of...

190
Whether actual possession requisite to its validity..

190
To be lawful, must be made by public or private armed ships, commissioned... 194
By boats from man-of-war..

195
Restitution, no bar to second..

196
May be made by convoying ship...

197
Liability of wrong-doer for injury resulting from...

198
Vindictive damages for injury resulting from, only given in extreme cases. 200
Property subject of, liablo only to visible liens or encumbrances ...

201
Property subject of, must be sent in to convenient port of captor's country for
adjudication....

201
Duty of captors, on making

202
Duty of prize master and crew, on taking in property, the subject of.

203
Capture, Joint-Definition of.....

203
Doctrine of constructive assistance in..

204
As to vessels in sight, to constitute..

205

PAGE
Capture, Joint-Rule and reasons of, in relation to vessels in sight, to constitute.... 211
Rule of joint enterprise to constitute..

213
Rule in, as to revenue cutter..

213
Cases illustrating the doctrine of constructive assistance, to constitute.

214
Not as between vessels in sight only from mast-head.

219
Proof of vessel in sight requisite to constitute ...

220
Mere intimidation without co-operation insufficient to constitute..

221
Mere association insufficient to constitute..

221
Whether it can be made by co-operation of army with naval forces.

225
Rights of joint-captors in, not affected by the frand of the actual captor. 228

Previous concert, sufficient basis for, if not abandoned at the time of capture.. 231
Cluim—to prize property-its proper form, what it should, and what it may not contain 403
By whom it may be made.

403
When it must be made...

403
Who are not allowed to make.

404
Affidavit in support of.

404
Until filed, testimony and papers in prize cause, not examinable by claimant.. 405
For delivery of captured property to claimants, on bail, before a hearing, or af-
ter condemnation and appeal, never allowed ..

..406, 431
Delivery of captured property to, on bail, the doctrine in relation to, further con-

sidered, in connection with the decision in the recent case of The Amy
Warwick, &c...

457
Requisites of, considered with the recent decisions in the cases of The Empress
and The Amy Warwick...

456
Contraband of War-Definition of..

327
Commerce in, prohibited to neutrals.

327
What is considered.....

328
Whether and under what circumstances provisions are.

328
Penalty for violation of rule prohibiting commerce in...

328
Rule of right of pre-emption of, instead of confiscation, when and how applied 330
Innocent goods mixed with, are alike confiscated....

332
Hostile dispatches considered..

332
Carried in neutral vessel, by the old rule, subjected vessel, as well as cargo, to
confiscation, relaxed in modern times.

333
Treaty provisions as to.....

334
Costs and Disbursements-Nature of in prize proceedings, and how liquidated.

464
Embarrassments in relation to, for want of requisite legislation..

465
Attempted remedy of embarrassments in relation to, by statute of United States 465
Construction of statute in relation to, by the Circuit Court of the United States

in the Second Circuit, in the cases of The Sarah Starr and The digburth. 467
Contradictory legislation in relation to, at the last session of the Congress

of the United States-necessity of immediate and careful revision of the
law.....

469

D.
Distribution-Decree of, to follow condemnation and sale of captured property.... 413
Who are entitled as distributees in decree of...

.413, 462
When claim for must be made....

462
Proportionate interests of distributees in decree of....

414
Decree of, and proportionate interests, as provided by recent acts of Congress

(vide Appendix)....
Decree of, settling proportionate interests where capture is made by private
armed vessels...

415
Decree of, upon what evidence based, and how taken..

415
Decree of, necessary before distribution can be made.

416
Decree of, how executed under recent act of the Congress of the United States. 46 )

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
165
165
166
168
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 ship.. 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..

121
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 adverse
belligerent..

133
Impressed by engagement in traffic under authority of the adverse belligerent. 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, made 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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