199: This Note was originally intended to form part of the text, but
was accidentally omitted.]
[200: Le Louis.]
[201: Vattel, book ii. chap, xviii. sec. 342.]
[202: The Boedes Lust, 5 Rob. Adm. Rep. p. 244.]
[203: 1 Kent's Com. p. 60.]
[204: Lind. _v._ Rodney, Dougl. Rep. p. 614. a.]
[205: Lord Stowell argues the principles at length in the Immanuel, 2
Rob. Adm. Rep. 198, 100.]
[206: _Vide_ section ii. chap. iii. Contraband of War.]
[207: _Vide_ p. 84.]
[208: See section ii. chap. ii. Blockades.]
[209: This is the doctrine _free ships free goods_, for the first time
voluntarily adopted by this country, pp. 72, 74.]
[210: According to Vattel, this belligerent right has no existence,
and
need not therefore be waived, as it could not legally be exercised;
but
see p. 73.]
[211: This grant of general reprisals, though apparently limited in
its address, (as to action in the war) to Her Majesty's fleets and
ships, does not exclude non-commissioned captors from taking Russian
ships, or goods when called upon _by necessity_ to do so. For example,
any of our armed merchantmen, who in the present war will not be
allowed letters of marque, would be quite justified when beating off
the enemy, in also making a capture if possible, and although her
prize would become a _Droit of Admiralty_, the captor would be
entitled to apply to the court for some compensation. The second part
of this declaration is intended to proclaim the preliminary step to
establishing the court of prize. The declarations with respect to the
embargo laid upon Russian goods and ships in our ports require no
comment.]
[212: See pages 11 and 12.]
[213: The Neptunus, 6 Robinson's Adm. Rep. p. 406; also the Nayade,
4 Rob. p. 251.]
[214: Vide post.]
[215: See page 74.]
[216: See page 75.]
[217: This allows free commerce in neutral bottoms to our ports, from
Russia. It is difficult to see what is meant by "friendly flags." It
cannot mean "a flag of the allies," for that would be giving our
allies more than we take ourselves. It is, perhaps, intended to
include powers that may not be friendly to Russia, but in that
position to ourselves, without being allied to us.]
[218: Free trade by British vessels in enemy's property to ports not
hostile.]
***END OF THE PROJECT GUTENBERG EBOOK THE LAWS OF WAR, AFFECTING COMMERCE
AND SHIPPING***
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