ce of Europe, or at least of
several maritime states of Europe, was to confiscate them
entirely. A century has now elapsed since this claim has
been asserted by some of them. A more mitigated practice has
prevailed in later times, of holding such cargoes subject
only to a right of pre-emption; that is, to a right of
purchase, upon a reasonable compensation, to the individual
whose property is thus diverted. This claim on the part of
the belligerent cannot go beyond cargoes avowedly bound to
the enemy's ports, or suspected on just grounds to have a
concealed destination of that kind. The neutral can only
expect a reasonable compensation. He cannot look to the
price he would obtain in the enemy's port. An enemy,
distressed by famine, may be driven by his necessities to
pay a famine price; but it does not follow that the
belligerent, in the exercise of his rights of war, is to pay
the price of distress."[173]

"It is a mitigated exercise of war, on which any purchase is
made; and no rule has established that such a purchase shall
be regulated exactly on the same terms of profit which would
have followed the adventure, if no such exercise of war had
intervened; it is a _reasonable_ indemnification, and a
_fair profit_, that is due, reference being had to the price
originally paid by the exporter, and the expenses he has
incurred."

[Sidenote: Neutral Vessels Transporting Enemy's Forces.]

Transporting the _Enemy's Forces_, subjects a Neutral Vessel to
confiscation, if captured by the opposite belligerent. Sir Wm. Scott
says, in the leading case on this subject--

"That a vessel hired, by the enemy, for the conveyance of
military persons is to be considered _as a transport_,
subject to condemnation, has been in a recent case, held by
this Court, and on other occasions.[174] What is the number
of military persons that shall constitute such a case it may
be difficult to define. In the former cases there were many,
in the present they are fewer in number; number alone is an
insignificant circumstance in the considerations on which
the principles of law on this subject are built; since fewer
persons of high quality and character may be of more
importance than a much greater number of persons of lower
condition. To send out _one veteran general_