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Omnibus, the, 411.
Roberts vs. Hartley, 415.
Vestal, the, 206.
OF WAR, AND ITS DECLARATION, AND HERELN WHO ARE LAWFUL BELLIGERENTS.
Legislative precedents not of binding authority....
The rebellion against the United States government being without precedent in the
history of nations, in all its circumstances, no existing precedent can indicate the
obligation of nations to acknowledge the revolters as lawful belligerents. .... 14
OF THE LEGAL OBLIGATIONS OF BELLIGERENTS AND THEIR ALLIES.
War terminates commerce between belligerents .
The foundation of this doctrine...
Review of judicial decisions on this subject.
Contracts suspended between belligerents.
Courts closed against their enforcement..
Relaxation of the rule of suspension of commerce in certain cases.
Strictness of the rule by the decisions of United States courts.
Necessity for its rigid enforcement...
Penalty for its violation...
Truce or cartel ships.
Rule of suspension of commerce applicable to allies as well as to belligerents...
Attempts to evade the rule of suspension of commercial intercourse..
Uniformity of existing law of nations on this subject. .....
Rule applicable as well to commerce on land as by water.
Rigorous enforcement of the rule within its just limits.
Cases illustrating its enforcement.
Mitigation in cases of great hardship..
Legal effect of war on the persons, property, and rights of citizens..
General right of captures, reprisals, &c. .
ADDENDA TO CHAPTER II.
Opinion of Justice Cadwallader..
Cases of The Hiawatha, North Carolina, Pioneer, Crenshaw, Winnifred, Hannah M.
Johnson, Lynchburg, General Green, Hallie Jackson, Forest King. United States Dis-
trict Court for the Southern District of New York..
Opinion of Justice Betts..
Case of The F. W. Johnson. United States District Court for the District of Maryland
Opinion of Justice Giles....
Case of The Amy Warwick. United States District Court for the District of Massachusetts
Opinion of Justice Sprague..
OF THE RIGHTS OF BELLIGERENTS TO INTERFERE WITH THE COMMERCE, AND TO CAPTURE
AND CONFISCATE THE PROPERTY OF OTHER THAN ADVERSE BELLIGERENTS; AND HEREIN
WHAT CONSTITUTES HOSTILITY OF CHARACTER, BOTH AS REGARDS PERSON AND PROPERTY.
Alien enemy defined....
Hostile character cast upon persons not alien enemies.
Hostile character impressed upon property...
Residence in hostile jurisdiction..
Uniformity of rule as to impression of hostile character.
Rule applied in common-law courts...
What constitutes residence in a hostile country to impress a hostile character
Personal residence not requisite....
Hostile character impressed by the character of the trade.
Doctrine of the United States courts.
Residence by implication from official character..
Importance of the animus monendi in determining residence.
Hostile character resulting from nature of the traffic...
National character of ship generally determined by the residence of the owner.
Liability to capture determined by the flag or pass..
Sometimes by the nature of her employment..
By employment in commerce ordinarily confined to the adverse belligerent...
Especially when by authority of the adverse government...
ADDENDA TO CHAPTER IIL
OF THE RIGHTS OF BELLIGERENTS TO INTERFERE WITH EACH OTHER'S COMMERCE, AND CAP-
TURE EACH OTHER'S PROPERTY; AND HEREIN OF EMBARGO; OF LETTERS OF MARQUE AND
REPRISAL; OF CAPTURE, AND JOINT-CAPTURE, AND RECAPTURE; OF POSTLIMINIUM AND
The commerce of the enemy the legitimate prize of war.
Leading principles of national law on this subject..
The right as applied to slave property resulting from the civil war in the United States 161
Professor Parson's opinion upon this subject..
Warlike and civil....
Modern practice as to embargo..
Operation and effect of embargo..
The embargo of the United States of 1807...
Its oppressive effects on the commerce of the nation
Submitted to when pronounced constitutional by the courts.
To redress individual wrongs.
Right acknowledged by all nations..
Acted upon by the United States..
By public vessels...
Their authority, power, and rights..
Privateers must be commissioned..
Doctrine of United States courts on this subject
Character of privateering....
In conflict with the spirit of the age..
Efforts of the United States government to discountenance privateering
Revocation of commissions of privateers....
Validity of capture not affected by reason of the captor being an alien enemy....... 186