is, in many views, highly reasonable and humane. Other maritime nations regard ransoms as binding, and to be classed among the few legitimate commercia belli. They have never been prohibited in this country.

35. What is the effect of a ransom ?—105.

It is equivalent to a safe conduct granted by the authority of the state to which the captor belongs, and it binds the commanders of other cruisers to respect the safe conduct thus given.

36. What does the safe conduct implied in a ransom bill require?

-105.

That the vessel should be found within the course prescribed, and within the time limited by the contract, unless forced out of her course by stress of weather, or unavoidable necessity.

37. What if the vessel ransomed perishes by a peril of the sea, before arrival in port?-105.

The ransom is nevertheless due, for the captor has not insured the prize against the perils of the sea, but only against recapture by cruisers of his own nation, or of the allies of his country.

38. How may the captor be deprived of the entire benefit of his prize, as well as of the ransom bill ?—107.

Either by recapture, or rescue.

39. To what do the questions arising out of them lead?-107. To the consideration of postliminy and salvage.

40. What was the jus postliminii ?-108.

It was a fiction of the Roman law, by which persons or things taken by the enemy, were restored to their former state, upon coming again under the power of the nation to which they formerly belonged. It is a right recognized by the law of nations, ⚫ and contributes essentially to mitigate the calamities of war.

41. What if property taken by the enemy is either recaptured, or rescued from him, by the fellow-subjects or allies of the original owner?-108.

It does not become the property of the recaptor or rescuer,

as if it had been a new prize, but it is restored to the original owner, by right of postliminy, upon certain terms.

40. Are movables entitled to the full benefit of postliminy?-108.

They are not by the strict rules of the law of nations, unless retaken from the enemy promptly after the recapture, for then the original owner neither finds a difficulty in recognizing his effects, nor is presumed to have relinquished them.

41. Does the right of postliminy take effect in neutral countries ?

-109.

It does not, because the neutral nation is bound to consider the war on each side as equally just, so far as relates to its effects, and to look upon every acquisition, made by either party, as a lawful acquistion; with the exception of cases, where the capture itself is an infringement of the jurisdiction and rights of the neutral power.

42. Where only does the right of postliminy take place?-109. Only within the territories of the nation of the captor, or of his ally.

43. What if a prize be brought into a neutral port by the captors?

-109.

It does not, by the law of postliminy, return to the former owner, because neutrals are bound to take notice of the military right which possession gives, and which is the only evidence of right acquired by military force, as contradistinguished from civil rights and titles. They are bound to take the fact for the law.

44. With respect to persons does the right of postliminy take place?-109.

It does, even in a neutral country.

45. What if a captor bring his prisoners into a neutral port?

-109.

He may, perhaps, confine them on board his ship, as being by fiction of law part of the territory of his sovereign, but he has no control over them on shore.

46. When is the acquisition of real property, by the conqueror, fully consummated?-110.

It is not fully consummated until confirmed by the treaty of peace, or by the entire submission, or destruction of the state to which it belonged.

47. What if it be recovered by the original sovereign ?-110.

It returns to the former proprietor, notwithstanding it may, in the meantime, have been transferred by purchase.

48. What if the real property, as a town or portion of the territory, for instance, be ceded to the conqueror by the treaty of peace?

-110.

The right of postliminy is gone for ever, and a previous alienation by the conqueror would be valid.

49. When, in a land war, is the acquisition of movable property consummated ?-110.

After it has been in complete possession of the enemy for twenty-four hours, it becomes absolutely his, without any right of postliminy in favor of the original owner. It goes by the name of booty.

50. What if the treaty of peace makes no particular provision relative to captured property ?-111.

It remains in the same condition in which the treaty finds it, and is tacitly conceded to the possessor.

51. Does the right of postliminy cease with the conclusion of peace?-111.

It no longer exists after the conclusion of the peace. It is a right which belongs exclusively to a state of war. The intervention of peace cures all defects of title.

52. Is every power obliged to observe these rules of the law of nations relative to postliminy?-111.

But,

It is, where the interests of neutrals are concerned. in cases arising between its own subjects, or between them and those of its allies, the principle may undergo such modifica. tions as policy may dictate.

53. What is the rate of salvage?-112.

It is different, as allowed by different nations.

54. Is the allotment of salvage, on recapture or rescue, a question of municipal law merely ?-112.

It is not, except as to the particular rates of it. It is a question of the jus gentium, when the subjects of allies or neutral states claim the benefit of the recaption.

LECTURE VI.

OF THE GENERAL RIGHTS AND DUTIES OF NEUTRAL NATIONS.

1. What principle, as to neutrals, has the public law of Europe established?-115.

That, in time of war, countries not parties to the war, or interposing in it, shall not be materially affected by its action; but they shall be permitted to carry on their accustomed trade, under a few necessary restrictions.

2. Should neutrals stand impartial between the belligerent parties? -115, 116.

The neutral is not to favor one of them to the detriment of the other; and it is an essential character of neutrality, to furnish no aids to one party, which the neutral is not equally ready to furnish to the other.

3. Is a loan of money to one of the belligerent parties a violation of neutrality?-116.

It is so considered.

4. Does the neutral duty prohibit the fulfillment of antecedent engagements?-116.

It does not extend so far. They may be kept consistently

with an exact neutrality, unless they go so far as to require the neutral nation to become an associate in the war.

5. What if a nation be under a previous stipulation, maae in time of peace, to furnish a given number of ships or troops to one of the parties at war?-116.

The contract may be complied with, and the state of peace preserved except so far as the auxiliary forces are concerned.

6. What if a neutral power be under contract to furnish succors to one of the parties at war, an ally, and that ally was the aggressor? -116, 117.

He is said not to be bound, in such case, if his ally was the aggressor; and in this solitary instance the neutral may examine into the merits of the war, so far as to see whether the casus fæderis exists.

7. Has a neutral a right to pursue his ordinary commerce, and without risk?

A neutral has a right to pursue his ordinary commerce, and he may become the carrier of the enemy's goods, without being subject to any confiscation of the ship, or of the neutral articles on board; though not without the risk of having the voyage interrupted by the seizure of the hostile property.

8. Is the property of a neutral inviolable, though it be found in the vessels of enemies?-117.

It is.

9. Does the general inviolability of the neutral character protect the property of the belligerents, when within neutral jurisdiction?

-117.

It does. It is not lawful to make neutral territory the scene of hostility, or to attack an enemy while within it.

10. What if the enemy be attacked, or any capture made, under neutral protection ?-117.

The neutral is bound to redress the injury, and effect restitution.