Manual of the Law of Maritime Warfare

COMMERCE WITH THE ENEMY, its absolute prohibition, direct
or indirect, insisted upon, 160.

COMMON ENTERPRISE, does not of itself constitute a claim to the
benefit of joint capture, 318; difficulty of deciding where
it begins, 320, 321.

COMMON LAW COURTS, concurrence of, with the Admiralty
Courts, in prohibiting trade with the enemy, 69.

CONCERT, previous, between several cruizers, where it does not
give a claim of joint capture, 342.

CONDEMNATION, where to be exercised, 396.

CONSIGNEES, their misconduct may bind the consignors, in
breach of blockade, 179.

CONSIGNORS are not to be responsible for war risks, 49.
CONSUL, liability of, to the penalties of hostile character, from
acting also as a trader with the enemy, 20; position of, in
relation to hostile residence, being also a trader, 30; must
be deemed a resident of the state to which he is commis-
sioned, 32.

CONTRABAND, general rule as to, 127; review of opinions re-
specting, 216; where it subjects other goods shipped with
it to option of pre-emption, 254; new declarations of, from
time to time, competent to the sovereign, 257; relaxations
of the rule under royal proclamation of 11th April, 1854..
258; infectious nature of, 265; penalty of, ib.; the character
of the port whither bound immaterial, 266, 267; legal
operation of, on neutrals, 267; contraband articles affect
the ship on her return voyage, 268; their effect upon
innocent parts of the cargo, ib.; they preclude the neutral
shipowner from any rights against the captor, 269; cases
where contraband may be subject to pre-emption, 270.
CONTRIBUTION TO CAPTURE, as to what constitutes it, 321.
CONVOYING SHIPS, where they may make captures, 302.
COPPER, in sheets, where contraband, 237.

CORN, going to an enemy afflicted with famine, favourably con-
sidered by the Court of Admiralty, 212; where contra-
band, 255.

CRANKS, for marine engines, contraband, 258.

CROKE, Dr., cited as to relaxations in capture, 315.

CROWN, the right of, to exempt hostile ships from seizure, 314;
its share, formerly, in captures by privateers, 315; that
share since relinquished, ib.

CYLINDERS, for marine engines, contraband, 258.

DANISH GOVERNMENT, recent declaration of, as to contraband,

271.

DARKNESS OF NIGHT, intervention of, no bar to claim of joint
capture, otherwise valid, 325.

DEBTS DUE TO THE ENEMY, their position, 5, 74, et seq.
DEPOSITIONS AND DOCUMENTS, contrariety between considered,
289.

DESPATCHES, HOSTILE, conveyance of, contraband, 220-231;
exception in favour of ambassador's despatches from neutral
country, 231-235; or from consul of the enemy in neutral
country, 235.

DESTINATION, ALTERNATIVE, must be disclosed in papers and
depositions, 286.

DOMICIL IN A FOREIGN COUNTRY, to what extent it may be
acquired by a British born subject, 22.

DOMICIL, ABROAD, to hostile purpose, defined, ib.; time, the chief
criterion, 23; easily constituted in the case of a native
subject, 25; how to be considered in relation to the Bri-
tish East Indies, 27-30.

DONATION, in recapture, between enemy and enemy, cannot take
effect, 351.

DROITS OF ADMIRALTY described, 377-383; extend to trans-

marine dependencies of the crown, but not to vessels coming
into foreign ports, 382, 385-388; Charles the Second's
order in council (1665), defining the rights of the Lord.
High Admiral, 380.

DULY DOCUMENTED, a relative term, 292.

EAST INDIES, a commercial residence in, effect of upon foreigners,
27; isolated position of foreign merchants there, 27; the
English possessions in, are practically British territory,
and to be so treated in relation to questions of domicil,

29.

ELLENBOROUGH, Lord, as to the commercial rights of neutrals,
130.

EMBARGOES described, 81-84; limitation of, 84; Royal Procla-
tion restricting (1854), 86.

EMERIGON, cited, as to the necessity of a declaration of war, 6;
as to moderation in warfare, 56; as to debts due to the

EMERIGON-continued.

enemy, 78; as to neutral territory, 215; as to ransom,
346.

ENEMY'S PROPERTY, within the realm, must be duly confis-
cated, or the right of the owner will revive on the return
of peace, 11.

ERSKINE, LORD, cited, as to the liability of neutrals to retalia-
tion, 129; as to declaration of contraband, 216.

EYRE, Chief Justice, his definition of an alien enemy, 14.

FACTORIES, Commercial, in eastern parts of the world, operation
of, in relation to domicil, 27.

FALSE DESTINATION, "a malignant and aggravating circum-
stance against ships charged with contraband, 265.

FALSE PAPERS, effect of, on neutrals carrying hostile commerce,
185; "a malignant and aggravating circumstance
against a ship charged with contraband, 265.

FAME, ENGLISH BRIG, reference to the case of, 181.

FARRINACIUS cited as to neutral territory, 166.

FICTITIOUS DESTINATION OF A CARGO, inoperative to prevent
condemnation for trading with the enemy, 68.

FIR TIMBER, not contraband, 257.

FIRE BARS for marine engines contraband, 258.
FISHERMEN, exemption of, from hostilities, 56.

FISHING VESSELS FORMERLY EXEMPT FROM CAPTURE, but held
good prize in the late war, 315.

FLAG AND PASS OF ENEMY, effect of, as to hostile character, 44.
FOG, intervention of, no bar to claim of joint capture otherwise
valid, 325.

FOREIGN ENLISTMENT, Law of United States of America re-
specting, 105; proclamations of her Majesty respecting,
1854, 107.

FOREIGN

MERCHANTS, domiciled, the indulgence shown to
them at the commencement of hostilities, 10.

FOREIGN MINISTERS, their misinformation as to blockade, not
an available excuse for neutrals, 158.

FRANCE, Law of, as to trading with the enemy, 57.

FRANKLIN, Benjamin, cited against privateering, 110.

"FREE SHIPS, FREE GOODS," definition of the term, 138; re-
view of this question, 308-314.

FREIGHT, where due to neutral carriers of hostile goods, 133;
payable on cargo of enemy in neutral ships, 305; where
liable to salvage, 357.

FREIGHTING A SHIP, where not necessarily a lending it to the
enemy, 214.

GERMANS, the ancient, their mode of declaring war, 5.

GERMANY, interior countries of, their position with relation to
blockade, 172.

GOVERNORS OF PROVINCES may, on occasion, raise troops, 3.
GRANT, SIR W., M. R., cited, as to importations from hostile
colonies, 204, as to contraband on return cargo, 268.

GREAT BRITAIN, position of the crown and laws of, in relation
to our East Indian possessions, 27, 29.

GREGORY, Mr., reference to his case, 73.

GROTIUS, cited, as to the declaration of war, 5; as to the treat-
ment of enemy's property and persons found within the
realm at the commencement of hostilities, 9; as to allies,
52; as to moderation in warfare, 55; as to debts due to
the enemy, 77; as to hostile commerce, 79; as to neutral
property, 131; as to neutrals granting passage to bel-
ligerents, 170; as to contraband, 216; as to free ships,
free goods, 309; as to ransom, 346.

GUADALOUPE, investment of, in 1794, 145.

GUNPOWDER, contraband, 258.

HALE, Sir M., cited as to debts due to the enemy, 7; as to
privateers, 97.

HAMMOND, Mr., cited as to provisions, 241.

HEAD MONEY, described, 397.

HEMP, where contraband, 236.

HOLLAND, Lord, cited as to liabilities of neutrals, 129.

HORSES, where contraband, 217.

EMERIGON-continued.

enemy, 78; as to neutral territory, 215; as to ransom,

346.