presumption which, in the
wars of civilized states, each belligerent is bound to entertain in
their respective dealings with neutrals. But in the wild hostilities
declared and practised by France in the Revolutionary War, there was a
constant struggle between the governing powers of France and the
maritime courts, which should most outrage the rights of neutral
property; the liberation of neutral property out of their hands then
came to be deemed, not only by Lord Stowell, but by the neutrals
themselves, a substantial benefit; and salvage for such service was
not only awarded, but thankfully paid.[136]

[Sidenote: Jus Postliminii.]

The rule by which things taken by the enemy are restored to their
former owner, upon coming again under the power of the nation to which
they formerly belonged, is termed _jus postliminii_, or the right of
postliminy. Real property, which is easily identified, is more
completely within the right of postliminy than moveable property,
which is more transitory in its nature, and less easily recognized.
During war, the right of postliminy can only be claimed in the
tribunals of the belligerent powers, and not in the courts of
neutrals; for by a general law of nations, neutrals have no right to
enquire into any captures, except such as are an infringement of their
own neutrality.[137]

[Sidenote: Costs and Damages to Owners for invalid Seizures.]

It often happens that captains of ships of war and privateers make
seizures of native or neutral vessels, under the impression that such
vessels are occupied in illicit trade or other condemnatory acts. This
may arise from error, and in such cases the vessel is restored to the
owner by the prize court; but still there may be circumstances
justifying the seizure, though not condemnation; and if condemnation
is not granted, the owner sets up a claim for any damage that may have
occurred to his vessel.

And the rule is, that where the capture is not justifiable, a captor
is answerable for every damage.[138]

But if a seizure is justifiable, all that the law requires is that the
captor shall be held responsible for _due diligence_; it is not enough
that the captor should use as much caution as he would in his own
affairs, the law requires that there should be no _deficiency of due
diligence_.[139]

When property is confided by an owner to another person, the care that
the owner would take of his own property may be a reasonable criterion
of the ca