to claim the benefit of their real character. They are likewise
subject to this further inconvenience, that their own real character
may be pleaded against them by others. Such is the state of double
disadvantage to which persons expose themselves by assuming the flag
and pass of a foreign state.[75]

* * * * *

[Sidebar: Distinction as to Cargoes]

A distinction is made in England between the Ship and the Cargo. Some
countries have gone so far as to make the flag and pass conclusive on
the cargo also; but in England it is held that goods have no
dependence upon the authority of the state, and may be differently
considered. If the cargo is laden in time of peace, though documented
as foreign property, in the same manner as the ship, the sailing under
a foreign flag and pass has not been held conclusive as to the
cargo.[76]

* * * * *

[Sidebar: Hostile Property cannot be Transferred _in Transitu_.]

Property which has a hostile character at the commencement of a
voyage, cannot change that character by assignment while it is _in
transitu_, so as to protect it from capture.[77]

In the ordinary course of things, in the time of peace, such a
transfer _in transitu_ can certainly be made. When war intervenes,
another rule is set up by the Courts of Admiralty, which interferes
with the ordinary practice. In a state of war, _existing_ or
_imminent_, it is held that the property shall be deemed to continue
as it was at the time of shipment, till actual delivery; this arises
out of a state of war, which gives a belligerent a right to stop the
goods of his enemy. If such a rule did not exist, all goods shipped in
an enemy's country would be protected by transfers, which it would be
impossible to detect.[78]

CHAPTER II.

SECTION I.

_Actual War_.--_Its Effects_.

[Sidenote: Objects of War.]

Vattel tells us

"The end of a just war is to _avenge or prevent injury_;
that is to say, to obtain justice by force, when not
obtainable by any other method; to compel an unjust
adversary to repair an injury already done, or to give us
securities against any wrong with which we are threatened by
him. As soon therefore as we have declared war, we have a
right to do against the enemy whatever we find necessary for
the attainment of that end, for the purpose of bringing him
to reason, and obtaining just