SEA LETTER OR BRIEF, described, 284.
SEA PASSAGES, question of, in relation to blockade, considered,
SHAFTS FOR MARINE ENGINES, contraband, 258.
SHIP BISCUIT, where contraband, 245.
SHIP STORES, in excess, contraband, 251.
SHIP TIMBER, where contraband, 254-256.
SHIPS, their national character, how determined by residence of owner, 36; by pass of enemy, ib.; by flag of enemy, 42; in enemy's country, where neutral may purchase, 208; constructed for war, where contraband, 248.
SHIPS OF WAR, distinction between public and private, as to claims of joint captors, 323; commanders of, must not exercise undue discretion as to notice of blockade, though a certain discretion in the matter is allowed on foreign stations, 154.
SHIPS' PAPERS, effect of the want of, 287; suppression of, effect of, 290; effect of false, 291; destruction of, ib.
SHIPS AND GOODS, distinction between as to effect of enemy's flag and pass, 43.
SIGHT, the being in, its material effect in constituting joint cap- ture, 318, 319; how it should be established, to constitute a claim of joint capture, 332.
SILVER IN ENEMY'S SHIP, confiscation of, 211.
SIMSON, Sir E., as to salvage, 351.
SPANISH BONDS, Lord Palmerston's speech concerning them cited, 91-94.
SPAIN, law of, as to trading with the enemy, 58.
SPARS, where contraband, 255.
STATUTE OF STAPLES, its provisions as to the treatment of domi- ciled foreign merchants at the commencement of hostili- ties, 11.
STODDART, Dr., cited as to the rights of alien enemies, 15. STORE SHIPS, title to salvage, 357.
STORY, Mr. Justice, cited as to neutral cargos in hostile bot- toms, 133.
STOWELL, Lord (Sir William Scott), cited as to the non-necessity of declaration of war, 6; as to the retroactive effect of a declaration of war, 9; as to commercial hostile character, 17-19; as to the inclination of individuals in relation to war, 8; as to retroactive hostilities, 9; as to the revival
STOWELL (Lord)-continued.
of an enemy's right to property not duly confiscated, 11; as to the inability of alien enemies to appeal to the High Court of Admiralty, 15; as to hostile domicil abroad, 22— 24; as to hostile character by constrained residence, 25; as to the revertibility of the native character, 26; as to domicil in connection with the British East Indies, 27 et seq.; as to acquisition of hostile character by residence of agent, 31; as to counting-houses or fixed establish- ments being unnecessary to constitute hostile character by residence, 33, 34; as to the effect of hostile residence being limited to the transactions originating there, ib.; as to hostile residence by commerce, 35; as to the character of ships, 37; as to a national character independent of mere personal residence, 39; as to hostile character from engaging in trade peculiar to the enemy, 41 et seq.; as to enemy's colonial trade, ib.; as to hostile character from flag and pass of the enemy, 42; as to transfers in transitu, 44-46; as to reservations of risk to neutral consignors, 48; as to trading with the enemy, 57, 63; as to cartel ships, 64, 65; as to trade with enemy by ally, 67; as to fictitious destination, 68; as to allegations of partnership, 69; as to trading with enemy by land, 70; as to distinc- tion between legal and illegal trading in time of war, ib.; as to withdrawal of funds from enemy's territory, 72; as to trade which may be regarded as virtually licensed, 73; as to confiscation of debts due to an enemy, 75 (and 5); as to embargo, 83, 84; as to letters of marque, 9, 116; as to ownership of privateers, 117; as to foreign claimants on privateers, 119; as to the property in privateers, 120; as to acts of cruelty by privateers, 122; as to captures in neutral rivers, 134; as to neutral territory generally, 135; as to the two sorts of blockade, 140; as to the elements of blockade, ib.; as to virtual relaxation of blockade with regard to ships, 142, and to cargos, 143; as to complete blockade, 144, 145; as to rigour in blockade, 147; as to notification of blockade, ib.; as to warning of blockade, 149; as to effect of notification of blockade, ib.; as to inquiry with regard to blockade, 152; as to the position of Americans in relation to blockade, 153; as to non- extension of blockade by officers, 154; as to breach of blockade by ingress, 155; by egress, 156; as to excusable blockade, 158; as to misinformation of, with regard to blockade, by foreign ministers, ib.; as to excuses of blockade by reason of want of provisions, 159, or of pur- pose to ascertain the land, 160; or of intoxication of master, 161; or of misinformation by blockading force, ib.; as to non-effect of blockade on inland communica-
STOWELL (Lord)—continued.
tion, 162; as to effect of blockade in relation to rivers flowing through conterminous states, 163; as to effect of blockade on trade of interior countries, 172; as to evasion of blockade by the less civilized powers, 173; as to non delictum of owner ignorant of blockade, where master has changed his course, 175; as to consequence of blockade on ship and on cargo, 176, 177; as to egress with cargo from blockaded port, 178; as to liability of owners for masters' or consignees' misconduct, 179; as to statement of reasons by captor, ib.; as to purgation of offence of blockade- breach, 180; as to responsibilities of officers of blockade acting illegally, ib.; as to coasting trade by neutrals, 182; as to colonial trade by neutrals, 186-194; as to colonial trade under licence, 200; as to the distinction between neutral commerce and neutral property, 201; as to co- lonial trade by neutrals conducted circuitously, 202; as to trade of neutrals from hostile colony to their own ports, 208; as to purchase of enemy's vessels, 209; as to liens by neutrals on hostile ships, 210; as to relaxations in favour of corn going to an enemy afflicted with famine, 212; as to lending ships on freight, 214; as to trading by packet vessels, 219; as to conveyance of hostile despatches, 220-231; as to ambassadors' despatches, 231-235; as to articles of contraband-hemp, 236, 247; copper, 237; pitch and tar, 238; provisions, 242; cheese, 244; sea-stores, 245; wine, 246; as to modifications of the principle of contraband with regard to various articles, 247; as to rosin, 248; sail cloth, ib.; ships of war, ib.; ships' stores, 251; ship timber, 254-257; tallow, 259; tin- plates, ib.; conveyance of military or naval persons, ib.— 263; as to consequence of contraband on ship and on cargo, 265; as to character of port whither goods are going, 266, 267; as to effect of contraband on neutral shipowner, 269; as to pre-emption, 270; as to right of search, 273; as to effect of colours and flag of a nation, 284; as to knowledge of his cargo on the part of the master, 286; as to production of ship's papers by master, ib.; as to alternative destination, ib.; as to general clearances, 287; as to effect of ships' papers, 288; as to the effect of evidence of ships' papers and of depositions, 289; as to suppression of ships' papers, 290; as to false papers, 291; as to spoliation of papers, 292; as to the term "duly documented," ib.; as to capture, in a particular case, 294; as to time and place of capture, 296; as to posses- sion being unnecessary to constitute capture, 297; as to reliance on the voluntary submission of neutral master, 298; as to priority of capture, ib.; as to the necessity of
STOWELL (Lord)—continued.
commission to constitute capture, 300; as to captures by tenders, ib., and by boats, 301; as to capture by convoy- ing vessel, 302; as to wrong doing by captors, 303; as to prompt proceeding by captors to adjudication, 306; as to proceedings on capture by seizors, 307; as to release of captures by the crown, 314; as to fishing vessels, 315; as to joint capture, 317; as to common enterprize in joint capture, 318; as to constructive assistance between private ships and king's ships, 322; as to the distinction between the same, 323; as to revenue cutters, in joint capture, 326; as to the duties of her Majesty's naval officers in joint capture, 328; as to joint capture in rela- tion to non-acting ships, ib.; as to sight from the mast- head, 331; as to being in sight generally, 332; as to inti- midation, without actual co-operation, 333-339; as to joint capture by navy and army, 335-337; as to unfair interposition in joint capture by privateers, ib. ; as to the effect of hoisting pennants by troop-ships, 336; as to the meaning of military co-operation on the part of troop- ships, 337; as to fraudulent conduct of captor in joint capture, 340; as to constructive joint capture after actual engagement, 341; as to effect in joint capture of seniority of commanding officer, 342; as to ransom generally, 345; as to recapture, 347-351; as to neutral property recap- tured, 351; as to rescue, contradistinguished from recap- ture, 352; as to rescue after capture, ib.; as to rescue by neutral master, 353; as to military salvage, 354; as to salvage on constructive recapture by her Majesty's ships with privateers, 356; as to salvage from neutrals, 358; as to postliminium, 364, 365; as to promptitude in insti- tuting suits for restitution, 365; as to licence, 366, 367; as to construction of licence, 361-369, 371, 372; as to orders in council, 373; as to prize, 374; as to the Lord High Admiral, 377-379; as to sea-prize, 382, 383; as to roadstead, 384; as to droits of Admiralty, 385; as to distribution of prize, 388; as to head money, 397; as to prize, 398.
SUPERCARGOES, their misconduct binds their employers, 177.
SUPPLIES TO A BRITISH COLONY, while in hostile possession, prohibited, 62.
SWITZERLAND, position of, with relation to blockade, 172.
SYRACUSANS, their conduct towards Dionysius the elder, cited in illustration of the rule of embargo, 85.
TALLOW, where contraband, 259.
TENDERS, not duly commissionated, cannot make captures, for the benefit of the captor, 300.
THIRD PERSONS, intervention of, inoperative to prevent con- demnation of cargoes for trading with the enemy, 68. TIN-PLATES for canister shot, condemned, 66; contraband, 259. TRADING WITH THE ENEMY, rule of the prohibition of, 57; that prohibition can be only removed or relaxed by the sovereign, 58; principal cases illustrative of the rule, 61; prohibited equally by the common law courts, 69; par- tial modification of the rule, 70, 71.
TRANSFER, contract of, when valid, 52.
TRANSFER in transitu, inoperative to divest goods of their hostile character, 44-46.
TRANSPORT SHIPS, where they may make a claim of joint cap- ture, 333.
TREATY OF ALLIANCE BETWEEN THE UNITED STATES AND FRANCE IN 1778, described, 54, 100.
TROOPS, must be raised by the sovereign, 3; or by the deputies of the sovereign on occasion, ib.
TURKEY, position of European merchants there, 28.
UNITED STATES OF AMERICA, their principle as to the com- mencement of war, 5; do not consider previous declara- tion necessary otherwise than by enactment of acts of Congress, 8; as to the treatment of foreigners at the com- mencement of hostilities, 11; law of, 1812, as to pri- vateers, 162; law of, 1818, as to foreign enlistment, 105; rule of, as to capture of neutral property, 132; their pro- test against the rule asserted by Great Britain as to trade with hostile colonies, 196; as to contraband, 242; views of the government of, as to right of search and visitation, 281; as to "free ships, free goods," 312, 313.
UNITED STATES COURTS OF ADMIRALTY, their rule as to hostile residence by agent, 32; doctrine of, as to effect of enemy's flag and pass, 43; their rule as to property in transitu, 51; as to trading with the enemy, 63; as to debts due to the enemy, 77, 78; as to privateers, 100; rule of, as to salvage and postliminium, 363; rule of, as to articles of naval equip- ment in relation to contraband, 257; have no droits of
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