privateers

See Expatriation.

129

Or abroad, to serve on board of foreign An expatriated citizen is considered
as an alien for commercial pur-
poses
176
Quare, whether an American citizen
can expatriate himself otherwise
than in the manner which may be
prescribed by our own laws; and
whether his expatriation will be
sufficient to rescue him from pun-
ishment for a crime committed
against the United States? ibid.

ENLISTING MEN ON FOREIGN
TERRITORY.

Not lawful to entice away soldiers from
the service of another prince 174
Nor to enlist private individuals on
foreiga territory, contrary to the
prohibition of their own sovereign

ibid.

FISHERY.

But where no such prohibition exists, Herring fishery permitted on both

175

178

men not in the actual service of their
prince may be enlisted
No difference in principle between
enlisting men and purchasing war-
like stores
Treaty on this subject between the
Romans and Antiochus
ibid.
Enlistments for foreign service pro-
hibited in Holland
And in the United States, with the
exception of transient foreigners,
subjects of the prince into whose
service they are enlisted ibid.

179

sides, between the French and
Dutch during war

FLEET,

25

Not allowed to the master of a neutral

vessel on contraband goods
Secus on enemy's goods
Reason of this difference

81
ibid.

85

Pursue a Spanish ship into Torbay,
and invade the houses of the in-
habitants to take the articles which Are contraband
the Spaniards had concealed there

Prohibited from the earliest times, in | No precise English decision on this
point, in a case between privateers
only

almost every country in Europe 165
Tolerated for a while by the English

and Dutch

145

Land forces in England, not entitled
to share in a capture without actual
cooperation

146

ibid.
By England, during the three wars
which immediately preceded the
French revolution
ibid.
Lord Hardwicke's and Lord Mans-
field's decisions on the subject of
similar insurances
Dictated by political motives 167
Overruled by later decisions
The freedom of insurance ought to But captures made by virtue of a com-

166

ibid.

be coextensive with the freedom

of trade

170
No insurance is lawful which is made

on a voyage prohibited by the laws

terms

172

JURISDICTION.

By the law of nations, pirates may be
tried and punished wherever found

133

mission from a sovereign can only
be tried by the tribunals of the cap-

Reasons given by professor Ruther-
forth in support of this doctrine

135

Various schemes proposed for vesting
this power in other tribunals ibid.
Hubner and Galiani

of the country
Even though it be made in general
ibid.
Property cannot be insured in En-
gland against capture by the cruiz-
ers of Great Britain, or her co-bel-The tribunals of neutral sovereigns
ligerents
ibid.
Reason given therefor by the English

ibid.

French and English law on this sub- Otherwise by the law of nations 81

Otherwise in favour of ships of war,
in competition with privateers ibid. And generosity compared

3

their being shipped on board the Distinguished from civil rights 116

Capture by the French of an English No act of hostility to be committed