re that he may expect his agent to take. But in the case of
capture, there is no confidence reposed, nor any voluntary election of
the person in whose care the property is left. It is a compulsory act
of justifiable force, but still of such force as removes from the
owner any responsibility for the imprudent conduct of the
prize-master. Hence, where the prize-master refused to take a pilot,
and the ship and cargo were lost, restitution in value was decreed.

CHAPTER III.

SECTION I.

_Neutrality_.

[Sidenote: Rights of Neutral Nations.]

It now only remains for me to place before the reader the Rights and
Obligations of Neutral Nations, as they influence Commerce.

Neutral Nations are those who, in time of war, take no part in the
contest, but remain common friends to both parties, without favouring
the arms of the one to the prejudice of the other.[140]

Neutrality consists in--1st, Giving no assistance when there is no
obligation to give it; nor voluntarily to furnish troops, arms,
ammunition, or anything of direct use in war. 2ndly, In whatever does
not relate to war, a neutral and impartial nation must not refuse to
one of the parties (on account of his present quarrel) what she grants
to the other.[141]

[Sidenote: Qualified Neutrality.]

These rules do not apply to engagements by treaty, to which the
Neutral may be bound previous to war; as for example, an engagement to
furnish one of the belligerent parties with a _limited_ succour in
money, troops, ships, or munitions of war, or to open his ports to the
armed vessels of his ally with his prizes.[142]

Neutrality, again, may be qualified by treaties (antecedent to war),
to admit vessels of war, with their prizes, of one of the belligerent
parties, into the neutral's ports, to the complete or limited
exclusion of the other.

[Sidenote: Neutral Territory protected.]

The Rights of War can be exercised only within the territory of the
belligerent powers, upon the high seas, or in a territory belonging to
no one. To make use of neutral territory for the _proximate_ purposes
of war cannot be allowed, although it is to be understood that the
prohibition does not extend to remote objects and uses, such as
procuring provisions, and other innocent articles.[143]

The sanctity of a claim of territory is very high. When the fact is
established, it overrules every other consideration; the property
taken must be restored, notwithstanding that it