ivers, within
the body of the country of the realm, the Admiralty is in reality
excluded, yet Prize Courts have uniformly, without objection, tried
all such captures in ports and havens within the realm; as in the case
of ships not knowing hostilities, coming in by mistake, before the
declaration of war or hostilities; all the ships of the enemy are
detained in our ports, to be confiscated as the property of the enemy,
if no reciprocal agreement is made.[15]

[Sidenote: Hostile Embargo.]

This species of reprisal is termed a Hostile Embargo. It cannot well
be distinguished from the practice of seizing property found within
the territory upon the declaration of war. It is undoubtedly against
the spirit of modern liberality, and has been but too justly
reprobated as destroying that protection to property which the rule of
faith and justice gives it, when brought into the country in the
course of trade, and in the confidence of peace.

It is not, however, as Wheaton states, peculiar to England, but common
to modern Europe, except that England does not, in practice, appear to
be influenced by the corresponding conduct of the enemy in that
respect.[16]

[Sidenote: Debts Due to and from an Enemy.]

But with relation to Debts Due to an Enemy, previous to hostilities,
English law follows a wiser principle.

On the outbreak of war between Denmark and this country in 1807, the
Danish Government, as a measure of retaliation for the seizure of
their ships in our ports, issued an ordinance sequestrating all debts
due from Danish to British subjects, causing them to be paid into the
Danish Royal Treasury.

The Court of King's Bench decided that this was not a legal defence to
a suit in England for the debt, and that the ordinance was not
conformable to the Law to Nations.[17] It was observed by the Court,
that the right of confiscating debts (contended for on the authority
of Vattel,)[18] was not recognised by Grotius,[19] and was impugned by
Puffendorf and others; and that no instance had occurred of the
exercise of the right, (except the ordinance in question,) for upwards
of a century. This is undoubtedly the law in England, although it may
be doubted if this rule still holds so strongly in the United States.

[Sidenote: Interruption of Intercourse; Trading with the Enemy
unlawful.]

One of the most immediate consequences of the outbreak of hostilities
is the complete interruption of Commercial Intercourse between the