evented only by the prohibition of a foreign country.[53]
In such cases, the remedy only is suspended; and other cases may occur
on these principles, where, from other circumstances, the remedy only
is suspended until the termination of the war; as for example, in most
cases of executed contracts.
[Sidenote: Trading with the Enemy punishable.]
Trading with the Enemy, was at an early period an indictable offence
in the English Court of Admiralty.[54] And in the time of King
William, it was held to be a misdemeanor at common law, to carry corn
to an enemy.[55]
The law, as I have faintly sketched it out, is founded to some extent
on American authorities, where the question has been as fully
discussed as in the reports of this country; but there can be little
doubt that the law is the same in this country: although a doubt was
once thrown on it, by the strong political opinion of Lord Mansfield,
as to the policy of allowing trade with an enemy, or assuring an
enemy's property. The lustre of his talents, and his ascendancy in the
Court of King's Bench, were calculated to continue the delusion.
During his time, the question as to the _legality_ of such insurances
was never mooted; for he frowned on every attempt to set up such a
defence, as dishonest and against good faith.[56]
The strict rule of interdicted intercourse has been carried so far in
the British Admiralty, as to prohibit supplies to a British Colony
during its partial subjection to the enemy, and when the Colony was in
want of provisions.[57]
[Sidenote: Cartel Ships]
The same interdiction to trade applies to Cartel Ships, or Ships of
Truce, that is, to Ships sent to recover prisoners of war; and there
is but one exception to this rigorous rule of International Law;--the
case of Ransom Bills, which are contracts of necessity, founded on a
state of war.
SECTION II.
_On Enemies and Hostile Property_.
During a peace of thirty-nine years, there has naturally arisen a vast
inter-immigration throughout Europe; many complicated commercial and
family relations have sprung up between nations of different
countries; many Englishmen are permanently settled in various parts of
Europe; and England, in return, is crowded with Foreigners, who look
upon this country as their present and future home. What is the
position of these persons at the commencement of war? Who, in fact,
are our enemies?
And the previous Section, in which the effect of
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