e: This Rule Changed by Convention.]

This Rule is often Changed by Convention; and it is generally
stipulated that "_free ships shall make free goods_." The converse,
though also sometimes the subject of treaty, does not of necessity
hold, _enemy's ships do not make enemy's goods_. Goods of neutrals,
found on enemy's ships, are bound to be restored.[158]

A neutral subject is at liberty to put his goods on board a merchant
vessel, though belonging to a belligerent, subject nevertheless to the
rights of the enemy who may capture the vessel; who has no right,
according to modern practice, to condemn the neutral property. Neither
will the goods of the neutral be subject to condemnation, although a
rescue should be attempted by the crew of the captured vessel, for
that is an event which the merchant could not have foreseen.[159]

[Sidenote: Neutral Goods on _Armed_ Hostile Vessels.]

In America, Neutral Goods laden on an _Armed_[160] Belligerent Vessel
are still protected, but in England it is different. "If the neutral,"
says Sir Wm. Scott,

"puts his goods on board a ship of force, which will be
defended by force, he betrays an intention to resist
visitation and search, and so far adheres to the
belligerent, and withdraws himself from his protection of
neutrality."[161]

[Sidenote: The Sale and Purchase of Vessels by Neutrals.]

The Purchase of Ships from the enemy, is a liberty that has not been
denied to neutral merchants, though by the regulation of France, it is
entirely forbidden. The rule that this country has been content to
apply is, that property so transferred, must be _bona fide_ and
absolutely transferred; there must be a sale divesting the enemy of
all further interest in it; and that any thing tending to continue his
interest, vitiates a contract of this description altogether.[162]

Russia is reported to have several vessels of war in different parts
of the world; some of these vessels have been sold, and others are
said to be in the process of sale. I shall cite what Sir Wm. Scott
says, on a case nearly similar.

"There have been many cases of enemy _merchant vessels_
driven into ports out of which they could not escape, and
there sold, in which after much discussion, and some
hesitation of opinion, the validity of the purchase has been
sustained. But whether the purchase of a vessel, _built for
war_, and employed as such, and rendered inca