sent War (1854-5-6) between Eng-
land, France, &c., against Russia,
207. The like by Denmark, 209.
Permitting Enlistment of Troops
by either Belligerent within Terri-
tory of, 209. Right of, to stipulate
to furnish one Belligerent, in Time
of War, with Means of Assistance,
209. Law of England with respect
to Foreign Enlistment, 212. Fo-
reign Enlistment Act, 213. Assist-
ing Belligerent with Money or Loans,
&c., 221. Permitting to one Belli-
gerent Passage through Territory
or Waters of, 224. Treaties relating
thereto, 225. Capture, by Belli-
gerent, of Enemy's Ships within
Territory or Waters of, 227. Juris-
diction of, to restore Property of its
own Subjects, brought within the
Limits of its own Territory, 228. No
Power to enquire into the Validity
of Capture, ib. Affair of Terceira;
Civil War as to Throne of Portugal,
Conduct of Great Britain in, 229.
Rights and Duties of, with respect
to covering Enemy's Goods, 238.
Trading with Belligerent, ib. Dis-
course on the Conduct of the
Government of Great Britain to-
wards neutral Nations, 240. Doc-
trine of Free Ships, Free Goods, 240-
253. The like, Enemy's Ships,
Enemy's Goods, 247. Berlin and
Milan Decrees, and British Orders
in Council as to, 249, 250. French
Ordonnance, Opinion of Sir W.
Grant, upon, 251. Consideration of
Treaties from 1642 to 1854, relating
to the Subject of Free Ships, Free
Goods, and Enemy's Ships, Enemy's
Goods, 257. The Armed Neutrali-
ties of 1780, 272. Propositions re-
specting Neutral Vessels and Ene-
my's Goods, contained in New Rus-
sian International Code (1780,) 274.
Interval between the Armed Neu-
tralities, 277. Conduct of the Mem-
bers of the Armed Neutralities in
relation thereto, 279. Origin of
Second Armed Neutrality, 285. Pe-
riod between Dissolution of Second
Armed Neutrality and War with
Russia (1854,) 289. Argument from
the Silence of Treaties on the Sub-
ject of Free Ships, Free Goods, &c.,
290. Waiver of belligerent Rights
by England during Alliance with
France in War against Russia, 292,
and Preface, p. vi. Privilege of
Neutral Flag covering Enemy's

Goods, not to extend to fraudulent
Use of that Flag to cover Enemy's
Property in Ship, 296. Miscel-
laneous Points respecting the Ships
and Goods of Nations with whom
Treaties, authorizing the Maxim of
Free Ships, Free Goods, &c., sub-
sist, 296. Carrying on a Trade with
Belligerent in Time of War, from
which probibited in Time of Peace.
See Coasting Trade, Colonial Trade,
&c. Their Right to trade with belli-
gerents in Time of War, in all Things
excepting Contraband, and to block-
aded Ports, 315. See Contraband.
Duty of Neutral States respecting
Prizes, 425. Consequences to, of
resisting Right of Visit and Search,
434. Property of, on board armed
Ship of Enemy, for Purpose of re-
sisting Visit and Search, 440. Cap-
tures made within Territory of, 456,
457. Condemnations by belligerent
Tribunal, sitting in neutral Country,
470. British Prize Court, as regards
Interests of Foreigners, do not en-
quire into Sufficiency of Sentence
passed by a neutral Court, 476. Cap-
tures made within, and in violation
of, neutral Jurisdiction, 477. Juris-
diction of Neutral, to try Questions
of Captures made within its own
Waters and brought within its own
Ports, 479. Ditto, where the cap-
tured Vessel belongs to the neutral
State within whose Ports it is brought,
ib. Treaties altering the general
International Law respecting the
Non-interference of Neutrals as to
Prizes brought into Ports of, 483.
See Captures. With respect to the
Right of Jus Postliminii, 503. Re-
capture of Prize by, 527. Right of
Belligerent to deliver captured Pro-
perty of, on Ransom, 530. Neutral-
ity of Prize, Onus of Proof on Clai-
mant, 601. Residing in Enemy's
Country, paying Taxes, &c., loses
his Neutrality, 604. Consul residing
and trading in Enemy's Country,
deemed a Belligerent of that Country,
ib. Ship purchased by, but engaged
habitually in Enemy's Trade, 607.
Ships may be bona fide purchased
by Neutral from Belligerent in Bel-
ligerent's Ports. See præsertim for
Law on this Point, the Judgment of
the Privy Council in "The Ariel,"
in the Addenda at the Beginning of
this Volume. Interest of, in Cargo
captured in transitu, 608. Allow-

ance of Freightage to, by Prize
Court, 622. Ditto of Adventure and
personal Expenses to Master of neu-
tral Ship, 627. Power of Conqueror
to seize Debts of Belligerent situated
in Territory of, 694.

Neutral Merchant, trading with Ene-
my, or in Enemy's Country, during
War, 130.

States, how affected by War,
103. See Neutral.
Neutrality. See Neutral.
Newcastle (Duke of,) Letter from, to
the King of Prussia (1753), as to
Reprisals, &c., 14, 15.

Nicholl (Sir J.), Letter of to Mr. Jay,
American Minister, on the Principles
and Practice of Prize Courts, 551,
596, 620, 622, 623, 625, 626.
Non-commisioned Captors. See Cap-

Ordinances. See Ordonnances.
Ordonnance de la Marine (par Valin),
Provisions in, respecting Reprisals,
171. Referred to, 247, 248, 481,
512, 532, 564, 569, 570, 572, 586,
587, 588, 591, 592, 593, 595, 600,
629, 632.

Ordonnance du Roi concernant les
prises faites par les vaisseaux, fré-
gates et autres bâtimens de S. M.
du 15 Juin, 1757, 492.

Ordonnances of Louis XIV. as to Time
of Possession necessary for vesting
Right of Capture, 465. Relative to
the Ports into which Prizes captured
should be brought, 467. Of Spain,
on the Subject of Recapture, 513.
Of Holland, 514. Of Denmark, 516.
Of Sweden, 517.
Ortolan, Diplomatie de la Mer, 13, 25,
26, 361, 419.

Ottoman Empire. See Turkey.
Oude, Annexation of, Preface, p. vi.
Overtures for Peace, by whom may be

made, 643. See also Negotiations.
Ovidius, 281, 639.

Owen's Reports. See Reports, List of.
Owners of Vessels, National Character
of, in respect to Suits for Prize, 603.
See Domicil. How far bound by ille-
gal Acts of Master of Ship, 614. See
Master of Ship. Of non-commission-
ed Merchant Ships, not responsible
for illegal Capture by Master, 617.

P.

Pacifico (M.), See Don Pacifico.
Palmerston (Lord), Correspondence as
to the Spanish Marriages, 674.
Speech in Debate on the Mexican
Blockade, 676.

Pando (De), Elementos del Derecho
Internacional obra póstuma, 652,
653, 733.
Paponius, Recueil d'Arrêts notables
des Cours souveraines de France,
705.

Parker's Reports. See Reports, List
of.

Parliamentary Debates. See Hansard.
History of England,

278, 289.
Passport. See Safe Conduct.
Peace, Re-establishment of, after War,
638. Ditto by Treaty, 642. By
whom Overtures for, may be made,
643. Where Negotiations for, should
be carried on, ib. According to
what Rules they should be carried
on, 644. When Treaty of, takes

Effect, 644. Captures made after,
645. Effect of Treaty of, upon Mat-
ters of Public Right, 650. See
Treaty of Peace. Effect of, upon
Treaties made prior to the War,

660.

Grant of Amnesty on Return
of, 699. Where, how, and under
what Limitations Doctrine of Post-
liminium may be applied to States
and Subjects, on Return of, 680.
Effect of, upon private Rights, Pro-
perty, and Contracts of Subjects,
728. Effect of Conquest on Allegi-
ance of Subjects, 737. How, and by
what Causes it may be broken, 744.
Persons, Status of, Application of Doc-
trine of Postliminium to the, 729.
Peter's United States Reports. See
Reports, List of.

Pfeiffer, in Wiefern sind Regierung-
shandlungen eines Zwischenherr-
schers fur den rechtmassigen Regen-
ten nach dessen Ruckkehr verbind-
lich (1819), 681, 702.

Das Recht der Kriegserober-
ung in Beziehung aus Staatscapita-
lien, 685, 686, 687, 688, 689, 690,
692, 694, 697, 700, 701, 703, 704,
706, 707, 708, 709, 710, 711.
Phillimore (Joseph) Speech of, on
Foreign Enlistment Bill (1819),
213. Speech on the Conduct of
Great Britain in the Affair of Ter-
ceira), 236. Letter of, on the Orders
in Council (1812), 238, 249. Re-
flections on the Nature and Extent
of the License Trade by, 249.

(Mr. J. G.), Motion in the
House of Commons, as to Waiver
by England of Right of seizing Ene-
my's Goods in Neutral Ships (July,
(1854), 293.

Pickering (Mr.), Letter of, to Mr.
Pinckney, on Neutral Vessels car-
rying Enemy's Goods, 256. Letter
to Mr. Pinckney (Jan. 16, 1797),

349.

Pinckney (Mr.) Letter of, to Mr. Jef-
ferson (Sept. 7, 1793), on Subject of
Contraband, 346. Letter of Mr.
Pickering to (Jan. 16, 1797), 349.

Marshall and Gerry, Letter
of, to the French Government (Jan.
1798), respecting Neutral Vessels
carrying Enemy's Goods, 256, 350.
Pirates, Ships carried from, Law of
Spain, 513. See Capture, Recap-

ture.

Pisa, War with Florence, seizure of
Debts due to Florentine Subjects,
705.

OCTOBER, 1857.-41

Pistoye (De), et Duverdy, Traité des
Prises Maritimes, dans lequel on a
a réfondu en partie le Traité du Va-
lin, en l'appropriant à la Legisla-
tion Nouvelle (Paris, 1855), 247,
248, 325, 326, 356, 418, 467, 469,
470, 479, 480, 481, 482, 483, 505,
510, 511, 512, 543, 544, 545, 565.
Pitch, considered as Contraband, 357.
Pitt (Mr.) Commercial Treaty between
France and England (1787), 546.
Plato cited, 747.
Pleadings in Prize Court, Nature of,
588. Special Allegation not neces-
sary, ib. Filing Libel, 589. Moni-
tion to appear, ib. Notice to be
given by Captors of Arrival of Prize
in Port, 590. Prize Master to deli-
ver up all Papers found on board
Vessel, ib. Examination of Master,
Crew, &c., of Prize, 591. See Evi-
dence, &c. Further Proof, 597. See
Further Proof. Sentence of Court,
617. See Sentence.

Polybii, Histor. Excerptæ Legationes,
504, 703.

Pompey, War of, with Cæsar, 704.
Ponceau (M. Du). See Du Ponceau.
Pope (The), Concordat with Austria.
See Preface, p. iii.
Portalis (M.), 523, 564, 565.
Ports, Captors in, 408. To which

captured Property may be taken,
466. Prize taken into Neutral Ports,
479. Treaties altering, as between
contracting Parties, the general In-
ternational Law, respecting the Non-
inteference of Neutrals as to Prizes
brought into their Ports, 483. Ves-
sels seized in, in England, belong to
Lord High Admiral, 566. Under
Blockade. See Blockade. Foreign,
Evidence taken in, in Matters of
Prize, 595, 602. See Evidence.
Ship deviating into Blockaded Port,
614.

Portugal, Civil War between Donna

Maria II. and Don Miguel, as to the
Throne; Conduct of Great Britain
in the Affair of Terceira, 229. Treaty
with England (1654), referring to
Doctrine of Free Ships, Free Goods,
&c., 263. Ditto with Russia, (1798),
285. Ditto with Great Britain
(1810), relating to Commerce and
Navigation, 290, 378. Ditto, ditto,
(1842), 291. Ditto with Cromwell,
(1654), 291, 483. Ditto with Hol-
land (1661), as to Captures, 483.
Postliminium, with respect to Persons,
502. Ditto to Things, ib. Right

of, cannot be enforced in neutral
Country, 503. Different Principle
applied respecting Persons, 504. As
to movable and immovable Property,
504-682. Where, how, and under
what Limitations Doctrine of, may
be applied to States and Subjects on
Return of Peace, 680. Respecting
Debts, &c., of Enemy seized by Con-
queror, 686. International Practice
as to, 700. Cases illustrative of, ib.
Case of the Debts and Domains of
Hesse-Cassel, 708, 719. Decisions
of English Courts, concerning Right
of confiscating public and private
Debts of Enemy, 720. Ditto in Case
of Wolff v. Oxholm, 721. Ditto,
Opinions of Authorities upon which
Judgment founded, 722. Decisions
as to Right of Foreigners, or Indi-
viduals who have changed their
national Character, to claim for Com-
pensation for Property confiscated,
as Subjects of their original Country
to which such Compensation is to be
paid, 725. Ditto as to Right of
Corporations in foreign Countries,
726. Country reconquered from
Enemy, ib. Doctrine of, as to pri
vate Persons, Rights, and Property,
which have been, during the War,
under Dominion of Enemy, and
not confiscated by the State, 728.
Its application to the personal Sta-
tus, 729. Ditto, to immovable Pro-
perty, 731. Ditto, to movable Pro-
perty, 734. Obligations, such as
Debts, &c., contracted before the
War, 735. De Captives et Postli
minio, et redemptis ab hostibus, Ex-
tract from Voet, Comm. ad Pandect,
App., 776.

Pothier, Traité du Droit de Propriété,

161, 345, 525, 532, 564, 579, 614.
Practice in Courts of Prize Tribunals,
general Outline of, 551. Respecting
Power of Conqueror over incorpo-
real Things, 700.

Pratt's (Dr.,) Story's Law of Prize,
407, 518, 551, 592-598.
Preemption, Doctrine of, as applied to
Cases of Contraband, 362. See Con-
traband. Rate of Value payable to
Owners of captured Property by
Captors, 363. Decision of Lord
Stowell respecting, ib.
President (American,) Proclamation

of Neutrality (April 22, 1793,) 350.
Presumption, legal, from Silence in
Treaties. See Treaty of Peace,
652.

Presumptive Evidence, what is, of
Enemy's Property in Prize, 596.
Preussisches Landrecht, 381.
Prisoners of War, Treatment of, by
Belligerent, 142. Ransom for, 144.
See Ransom.

Pritchard's Analytical Digest of Cases
decided in the High Court of Admi-
ralty, 312, 396.

Private Debts of Enemy. See Debts
of Enemy, War, &c.

armed Vessels, Liability for
Damages for wrongful Captures, &c.,
579.

Rights, Persons, Property, &c.,
Application of Doctrine of Postlimi-
nium to, 728.
Privateers, Letters of Marque carried
by, 137. Vessels used as, though
not actually so employed as, at
Time of Capture, not within Terms
of Capitulation protecting private
Property generally, 177. Public
Property seized by, after having been
ceded by Capitulation, but not taken
Possession of by first Captors, 177.
Captures made by, 427. Speech of
Lord Grenville (November, 1801)
on the Subject of, ib. Rule respect-
ing their sharing in joint Captures,
489. Reward to, for Recaptures,-
Law of Holland, 515.

Privy Council, Judicial Committee of
the, Jurisdiction of, in Matters of
Booty and Prize, 192-197. Consti-
tution of Court of, 549.
Prize of War (See also Booty,) Resti-
tution of, when captured before De-
claration of War, 84. Taken during
War, belong to the Crown or Exe-
cutive, 189. Crown may dispose
thereof as it thinks fit, 190. Claims
respecting, not triable in any Muni-
cipal Court, but in Court of Admi-
ralty, 193. Jurisdiction of High
Court of Admiralty in Matters of,
197. Neutrals permitting Prizes
captured by one Belligerent, to be
brought into their Ports, 203. See
Captures. Capture and Recapture
of, 503. Restoration of, to Owners
upon Recapture, 503. Salvage Re-
ward payable upon, 507. Recapture
after Abandonment of Prize by Cap-
tor, 507, 526. When it legally vests
in Captor, 509. Private or munici-
pal Laws of States as to Reward to
Recaptors on Restoration of, 510-
518. Decisions of English and North
American Prize Courts on
Subject, 518. Several Recaptures,

same

524. See Recaptures, &c. Ransom
of, 529. Payment of Duties upon,
562. Custody of, during Suit, 563.
Rights and Duties of Captors in re-
spect to Suit for, ib. Captors injur
ing, neglecting, &c., Vessel, &c.,
570. Damages for wrongful Cap-
ture, Injury, &c., when given or re-
fused, ib. Captors neglecting, &c.,
to bring in Prize for Adjudication.
how compelled, 581. Rights and
Duties of Claimants in respect to
Conduct of Suit for, 582. See Claim-
ants. Condemned for want of Claim,
587. National Character of, depends
upon that of Owners, &c., 603. See
Domicil. Proceeds of, Jurisdiction
of Prize Court over, 630. Cases
(List of) relating to Distribution of,
636. Delivery of Prize on Bail,
634. See Bail.

Prize Act (English,) 17 & 18 Vict. c.
18, 459, 500, 519, 521, 529, 733.
Agents, Cases (List of) relating
to, 637.
Prize Courts. See Prize Tribunals.
English,) Reports of Cases

in. See Reports, List of.

Master, to deliver up to Com-
missioner all Papers found on board
Prize, 590. See Captors, &c.
Prize Tribunals,-Practice and Juris-
diction of Courts in England, 185.
Opinion of Tribunals of North Ame-
rica on the Rights of Ships at Sea,
423. Ditto, on the Subject of sum-
moning Ships to undergo Visit and
Search, 429. Decisions of, on the
Subject of Recapture, 518. Gene-
ral Character and Duty of, 553.
Duty of, described by Lord Stowell,
536, 537, 538. Orders in Council
conflicting with general Principles
of International Law; Decision of
Lord Stowell, 537. Ditto Decisions
of Sir James Mackintosh and Lord
Mansfield, 539, 540. Constitution
of, in different States, 542. Ditto
in the United States of North Ame-
rica, 542. Ditto in France, 543.
Ditto in Holland, 546. Ditto in
England, 547. Practice of European
States to issue Proclamation and
Edicts on the Subject of Prize in
Time of War, 547. Registrar of
Court of, Qualifications requisite for,
547. Judicial Committee of the
Privy Council, Constitution of Court
549. Principles and Practice of,
general Outline, 551. Distribution
of the Subject under different Heads,

560. Custody of Prize captured
pending Litigation as to Legality of
Seizure, 561. Process and Practice
of Court, 563. Rights and Duties
of the Captors in reference to Suit,
563. Mode of proceeding against
Captors for Damages for Injury,
Neglect &c., in regard to Prize, 573.
Within what Time Suit must be
brought, 576. Mode of proceeding
to compel Captors to bring in Prize
for Adjudication, 581. Rights and
Duties of Claimants in respect to
the Conduct of Suit, 582. See Claim-
ants. Pleadings in Suit. See Plead-
ings. Evidence in Suit. Some of
captured Crew must be examined,
vide præsertim the Gerasimo, the
Aspasia, and the Achilles; Judg-
ments in the Addenda at the Begin-
ning of this Volume. See Evidence.
Sentence of. See Sentence. Extent
of Jurisdiction of, 627. Ditto to
decide who shall be Captors to share
in Distribution of Prize, 630. May
decree Unlivery of Cargo, 631. See
Cargo. Also delivery of Cargo on
Bail, 633. See Bail, Cargo, &c.
Jurisdiction of, over Freight, Argu-
ment of Lord Stowell (when Queen's
Advocate) in Smart v. Wolff, App.,

767.

Proclamation of War, Necessity for, 96.
Proctor, to the Admiralty, 566. Ap-

pointment of a, in Suits for Prize, 584.
Proof in Prize Causes, Modes of, 588.

See Evidence, Further Proof, &c.
Property of Enemy, Effect of War
upon, 115. Right of confiscating,
135. Wrongfully seized before War,
must be restored, 136. See Capture,
Postliminium, &c.

Proprietary Interest in Cargo. See
Cargo.

Provisions considered as Contraband,
335. Declaratory Memorial (1793)
of Great Britain to Denmark respect-
ing its Trade with France during
War with England, ib. Counter-
declaration of Denmark, 339. Ques-
tion between Great Britain and Ame-
rica as to alleged illegal Captures
of, by the former, 346. Law of
America relating to, 346. Judgment
of Lord Stowell respecting Things
ancipitis vel permission usu and un-
manufactured Articles, 350. Cir-
cumstances governing Character of,
350. When conveyed to a neutral
Port, but for the Use of a Belliger-
ent, 352.