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of the former is exercised in a vexatious and insulting manner towards the latter.

277. It is considered that neutrals cannot carry the goods of the enemy from port to port without being liable to seizure by the belligerent. It is lawful to capture, and carry into port, any neutral vessel, and libel her in a court, and allege that her cargo is enemy's property, and proceed to try the All that can be proved to be enemy's property is subject to condemnation.

cause

278. This liability leads to many ingenious contrivances to cover and preserve the property which is carried in neutral vessels. The evidence of ownership is found in the papers which every vessel must carry, accompanying the property, and in the letters found on board. This evidence is sifted and examined, and other evidence may be introduced. Thus war extends itself to neutrals, and sometimes occasions great and remediless vexation. If there is any probable cause for the capture, however unjust it may be, the neutral has no compensation for the wrong, loss and delay.

279. Another belligerent right is, to blockade the ports of an enemy; that is, to station ships of war at the entrance of such ports, and to prevent all vessels from coming out or going in. In such case, a neutral vessel, attempting to enter or depart, is subject to seizure and condemnation. Blockade means only blocked up, so that there can be no passing to or from. From the operation of this right, many difficult questions arise; as, for example, what is notice to a neutral that a blockade exists; how far it extends; what is a force competent to maintain and keep up a lawful blockade; and many similar questions, which are fruitful in disputes.

280. Another source of difficulty is the question, whether a particular trade is lawful or not. Articles useful in prosecuting a war cannot be carried by a neutral to an enemy, without liability to forfeiture. Nations have agreed by usage, that certain articles are of this description; as to others, it is doubtful whether they are so or not. From this cause capture and itigation frequently arise. The word contraband, which word is of Italian origin, and is equivalent to prohibited, is applied to articles, or goods, which neutrals cannot carry to an enemy, without subjecting, not only the goods, but the vessel, to condemnation.

281. Another difficult question sometimes arises; that is, what conduct in a neutral shall be deemed a departure from

neutral character, and subject him to be treated as an enemy, and as a party in the war. If one nation is under treaty with another, to furnish troops, or ships, or money, to aid in a war, performance of this contract is not a violation of neutral duty, if a war happens, and performance of the treaty is demanded. 282. Again; has a nation, engaged in war, a right to take its native subjects, who have become naturalized or adopted, in a neutral country, out of vessels belonging to that country on the high seas? This right is asserted on the principle that, in time of war, every nation may command the services of its own subjects. It is denied on the principle that it is a natural right to change one's country, and that such taking of the person is an insult to the sovereignty of the adopted country; and that, if such taking of the person were justifiable, it might lead to abuse in taking those who are sailing under their native flag. It is very possible that some of the young may live to see this question to be one of great interest, as some who have gone before them have done.

Many more of the like points might be stated; but as it is only intended to show how such matters are part of the law of nations, we need go no farther in this respect.

283. Since the practice of making treaties has become common, nations have had the good sense to define, in many cases, what shall be regarded, between the contracting parties, as belligerent and neutral rights. To relieve from neutral vexation, it has been attempted to establish, generally, that "free ships shall make free goods;" that is, the neutral vessel shall not be subject to visitation, search, and capture. This attempt has been hitherto unsuccessful. The courts in which questions arising on the law of nations are tried, are any courts, of any country, when the parties, and the subject matter of suit, are properly within their jurisdiction. This word (jurisdiction) is made out of two Latin words, which signify the right and power of judging between the parties, and on the matter which is the subject of the suit. No court has jurisdiction beyond the territorial limits of the government under whose authority it acts. When a suit is pending in a court which has jurisdiction, and a judgment of a foreign court is offered in evidence, such judgment is not in itself conclusive, but may be inquired into, to know whether the parties, and the matter of the suit, were properly before the court, and whether the judgment is in such form as to bind them. There is one sort of judgment, called a sentence, which is considered as conclusive, to the extent to which it

expressly goes, in whatever court it is admissible as evidence. These are sentences of condemnation, pronounced against vessels and cargoes, (or either) as prize, or for some breach of the acknowledged laws of war. This is a sentence against the thing in controversy, and not against any person. It is a principle universally admitted, that in all prosecutions to obtain the condemnation of a thing (usually called a process in rem), all persons interested are parties, and bound by the sentence. This principle is supported on sound reason. It has, however, been reluctantly assented to, especially in cases where the sentence came from courts established in colonies. Sentences are pronounced in admiralty courts. Anciently, the admiral (the superior officer of the naval force) exercised a judicial authority, civil and criminal, in matters relating to the sea. This authority has been transferred, long since, to regular courts, which retain the ancient name.

284. Anciently, war commenced by sending heralds to declare it. In modern times, wars begin by sending troops into the enemy's country, or attacking his ships on the ocean. But usually a manifesto, that is, a public declaration of the causes of the war, appears. In the United States, there cannot be a lawful war, otherwise than in virtue of a law of Congress. In this body the right of declaring war is vested; so that a majority of both branches, and the president, must concur, to throw the country into this serious condition.

From what has been stated, the youthful student may infer :

285. First, that each nation is, as to all other nations, a moral agent, or person, bound by the law of nature to act justly, and with good faith, towards all. This law is enforced and sanctioned by the divine law.

286. Second, that each nation has the right, and that it is each nation's duty, to preserve its own independence, and to secure itself against the injustice and the violence of all others.

287. Third, that nations are bound, by the law of "justice and mutual convenience, to hold to and maintain all the cus tomary laws which the good sense of nations has adopted.

288. Fourth, that, treaties being contracts of great solemnity, and made with peculiar deliberation, they ought to be faithfully and truly performed; and the more so, because there is no court of justice to appeal to, nor any remedy, but the dreadful one of public war.

CHAPTER XXIV.

Property.

289. ONE of the most material purposes for which government is instituted, is, to secure the right of acquiring property, and of making a reasonable use of it. Property is either real or personal. Real property consists of land and buildings. Personal property is everything not fixed to, and resting on, the land, but which is movable from place to place. Fruit, grain, and all growing vegetables, trees, minerals, &c., are part of the real estate, until separated and made movable, and then they are personal estate.

290. The most absolute property which can be had in real estate, is, the right to the exclusive use of it, with power to sell it and to give it away; and to declare by whom, and in what manner, it shall be held, owned and used after the proprietor's decease. The next degree of such property is, the right to hold it and use it during one's life. The two first sorts of property are called freeholds, The word freehold often occurs in our laws. For example, freeholders only are competent to appraise real estate when set off on execution, in satisfaction of debt. The being a freeholder is a qualification for being an elector, under some of the state constitutions; and for being eligible to office, under others of them. The next degree is the right to hold and to use real estate for one or more years. An estate for any number of years, even 1000, is held, in law, to be inferior to an estate for life. The lowest degree of property is the holding and using real estáte during the pleasure of the absolute owner. Real estate may be owned by one man absolutely, but may be subjected to some right of the owner of an adjoining or other real estate. Of this nature is the right which one man has to pass over the land of another; the right to have a drain through another man's land; the right to have windows overlooking another's land; and many similar rights, which are called easements or servitudes.

291. The absolute owner of real estate may not only part with it during his life, but he may direct, by his will, propery made and proved, who shall have it after he has deceased. He may also declare by his will, whether his devisee, or donee, shall have the estate absolutely, or for life, or for years;

and may prescribe any conditions on which it shall be owned

and used.

292. No man can be absolute and exclusive owner of real estate, but (1.) under a continued possession of forty years; or (2.) by showing a writing made by one who had a lawful right to make it, called a deed, signed, sealed, acknowledged and recorded in the public registry; or (3.) by showing that the estate was lawfully taken in satisfaction of debt; or (4.) by showing heirship, by descent from an ancestor; or (5.) by showing a gift under a will. The word factum, in Latin, signifies an act done; á deed means, in law, the most solemn act which can be done as evidence of intention to part with property. The deed itself is not the alienation of the property, for that is effected by the agreement of the parties; but it is the evidence of the act done

293. It is a general rule, that personal estate is to be considered to belong to the possessor of it. But the right of property is frequently in one person, and the right of possession in another; as when the owner agrees that another shall possess and use it. Sometimes personal property is in possession of another, against the will of the owner; in which case the owner has a remedy for the wrong done, in the courts of justice.

294. Everything known by the name of property, and one's time, or labor, or service, may be the subject of a contract. A contract is an agreement between two or more persons, whereby one party becomes bound to another, to pay money, or to do, or not to do, some act. Every person who has common sense, and who is twenty-one years of age, and upwards, and who is not a married woman, may make a con

ct. This word is derived from con, with, or together, and traho, to draw, and signifies, that the contracting parties are drawn together by their agreement.

295. A contract is express or implied. It is express, when the parties previously agree on all the particulars of the contract; as, if the agreement be, that a certain article shall be delivered at a certain time, and so much money paid for it, it is an express contract. It is implied, when some acts are done which show, that the parties, in natural justice, must have intended to contract; as, if one calls a physician, orders goods, or employs one to work, and nothing is said of payment, the law is, that the party would not have done so, without intending to pay what the property ordered may be

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