seas, &c. Jurisdiction over equal rights; and when a river flows, as to one portion, between banks both belonging to one state, and, as to another portion, through the banks of another state, each of those states is entitled to the right of navigation throughout the stream or river, which thus becomes open to the whole world. Navigation of rivers by treaty.. Declaration of war. The free navigation of the various European rivers, is regulated by treaties based upon the dicta of the Congress of Vienna in 1815.* That of the Rhine and Scheldt was declared to be free in that year, and the Danube was thrown open by subsequent treaties between Austria and Russia in December, 1842,† and England and Russia in January, 1843, by which this right of free navigation was also extended to several other rivers of minor importance. In July, 1852, the Argentine Confederacy, by treaty with England, conceded to the merchant vessels of all nations the free navigation of the Parana and Uruguay, subject to the local regulations.§ The English Government, by treaty with the United States in June, 1854, sanctioned the navigation of the St. Lawrence by the Americans, subject only to the "same tolls, &c., as are now or may hereafter be exacted from Her Majesty's "subjects," reserving, however, the right of suspending these privileges after due notice. By article 15 of the treaty of peace after the Crimean war, signed at Paris in March, 1856, the free navigation of the Danube was restored in accordance with the provisions of the Act of Congress of Vienna. T War is at present declared by manifesto, which publishes to the world that hostilities are about to * Hertslett's Treaties, vol. i., pp. 3-45. Do. vol. ix., p. 191. † Do. vol. vi., pp. 38-42. Do. vol. ix., p. 998. commence, and enables other nations to determine Jurisdiction over what part they shall take in the coming contest. seas, &c. The extent to which nations are bound to assist one Assistance by treaty. another in time of war is determined by treaty, and assistance even then cannot be compulsorily demanded unless the cause be just. * When the alliance is defensive only, the ally merely covenants to assist another nation should it be attacked. Ransomed vessels are exempted from further seizure Ransom. by the ships of the captor or his allies, until they have completed the voyage on which they were proceeding at the time of capture. miny. Recaptured or rescued vessels that have not been Right of Postlicondemned, do not become the property of the recaptor or rescuer, but are, by what is called the jus postliminii, to be restored to the original owners on proof of title and payment of salvage; the same privilege is afforded to allies if their conduct be equally liberal. ty within the country. As germane to this and to an important question Enemy's propersubsequently to be discussed, it may be proper here to observe that the protection of the people and property of a belligerent country is generally the subject of treaty regulating their entry into and departure from the foreign dominions. The exercise of any further leniency than that conceded by treaty, is entirely at the discretion of the government, being a question of policy rather than law. A nation may impose an embargo upon such foreign Embargoes. vessels within her ports as belong to states against whom she has declared war, or is about to declare it, and this course is justifiable as an indemnification against injuries received from the foreign state; † as * Grotius, book ii., chap. 25; Vattel, book ii., chap. 12, sec. 168; book iii., chap. 6, sec. 86, 87. †The Gertruyda, 2 Rob. Adm. Rep., 211. seas, &c. Jurisdiction over according to Lord Mansfield, upon the declaration of war or hostilities, all the ships of the enemy are detained in our ports to be confiscated as the property of the enemy, if no reciprocal agreement is made.* Letters of marque and reprisal. Trading and contracts with the enemy. The doubtful expedient of granting letters of marque or reprisal during peace has sometimes been resorted to by a sovereign, enabling his subjects to seize the property of another nation as a pledge for the reparation of injuries sustained; and it has been held that unless redress is afforded, the property seized may be confiscated by a competent court.† No commercial intercourse can properly subsist between the subjects of two belligerent countries without the sanction of their respective governments, ‡ and all property taken in such traffic is confiscable as prize to the captor. Trade under the guise of partnership, or by the intervention of third parties, is illegal.§ Partnerships between belligerents, entered into before the war, are void, as are also contracts, with the exception of ransom bonds, entered into subsequent to its declaration; but contracts which existed before the war are simply in abeyance until peace is restored. Trade of an ally The co-allies of a belligerent power are also precluded from commerce with the enemy of that power, and the vessels and property of an offending subject of the former so employed, may be seized and confiscated by the co-belligerent whose interests are affected.|| with the enemy. * Lindo v. Rodney-Doug. Rep., 613. Vattel, book ii., chap. 18, sec. 342, et seq.-Valin, Liv. 3, Tit. 10 Des Reprisailes. The Hoop, Rob. Adm. Rep., vol. i., p. 196; the Juffrow Catharina, Rob. Adm. Rep., vol. v., p. 140. ? The Jonge Pietre, Rob. Adm. Rep., vol. iv., p. 79; the Franklin, Rob. Adm. Rep., vol. vi., p. 127. The Nayade, 4 Rob. Rep., 251; the Neptunus, vi. Rob. Rep., 403. seas, &c. Coasting and enemy's flags. Neutral vessels employed in the coasting trade of the Jurisdiction over enemy, or sailing under his flag or pass, are liable to seizure and confiscation.* Transfers of goods of a sailing under hostile character in transitu during a war will not avert the liability to capture. † Contraband of war forwarded by a neutral to and for a belligerent state, is ships. liable to seizure and condemnation by the enemy of such state, but the venture is not unlawful. Contraband of war in neutral The subjects or individual members of a belligerent Privateering. state cannot, according to the customary law of Europe, enter upon hostilities, or fit out privateers to cruise against an enemy, without permission of their respective governments; and if taken by the enemy are not entitled to the mitigated treatment of prisoners of war; nor can the subjects of one belligerent hold commissions or letters of marque under another belligerent, to fight against their own country.§ courts. Prizes taken at sea must be condemned by a com- Prizes and prize petent tribunal before they can become the lawful property of the captor or his representative. A prize court must sit in its own country or that of its ally, and cannot be held in a neutral territory, though a captured vessel taken into a neutral port may be condemned by the prize court of the country of the captor or of his ally.|| ports. The privilege of bringing prizes into neutral ports Prizes in neutral can be granted to or withheld from belligerents at the option of the neutrals, but must be extended impartially * The Vrow Elizabeth, 5 Rob. Adm. Rep., 2; the Vreede Schotlys, 5 Rob. Adm. Rep. 5 (note). The Jan Frederick, 5 Rob. Adm. Rep., 127, et seq. The Jonge Margaretha, 1 Rob. Adm. Rep., 190. 2 Vattel, book iii., chap. 15, sec. 226. The Vlad Oyen, 1 Rob. Adm. Rep., 134; the Kierlighett, 3 Rob. Adm. Rep., 96, and Constant Mary, note, p. 97; the Heinrick and Maria, 4 Rob. Adm. Rep., 43; the Comet, 5 Rob. Adm. Rep., 285. seas, &c. Jurisdiction over to both sides. Neutrals cannot object to or interfere with the decision of prize courts, unless the rights of neutral jurisdiction have been violated. Enemy's property in neutral Enemy's property found in neutral vessels beyond vessels. the neutral jurisdiction may be confiscated, but the Neutral's proper- vessel is free; when, however, neutral property is vessels. conveyed in enemy's ships, the vessel is liable to con ty in enemy's fiscation, but the goods are exempt. † These rules are subject to variation by treaty, as where it is agreed that goods in free ships shall be free. To adopt the language of Kent, "The two distinct propositions that 66 enemy's goods found on board a neutral ship may "lawfully be seized as prize of war, and that the goods "of a neutral found on board an enemy's vessel are to "be restored, have been incorporated into the jurisprudence of the United States, and declared by the supreme courts to be founded on the law of nations." 66 66 * Grotius, books i., iii., chap. 6, sec. 6; Vattel, book iii., chap. 7, sec. 115. Grotius, book iii., chap. 6 and 16; Vattel, book iii. chap. 7, sec. 116. Kent's Com., vol. i. |