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rent, except when the neutral, from whom they are cap¬ 
tured, has violated the laws of neutrality, or when this 
confifcation is made in a place under the dominion of the 
fovereign who makes it. 
In confequence of this laft principle, and of the rights 
of fovereignty in general, every fovereign engaged in a 
war may prohibit all commerce whatever with the enemy, 
i. In his own territory and maritime dominion; 2. In 
the places taken from the enemy; 3. In fuch places as 
lie is able to keep fo perfcblly blockaded as to prevent every 
foreigner from entering. In all thefe cafes he may attach 
penalties to the tranlgreflion of his prohibitions ; and 
thofe penalties may extend to the confifcation of goods 
or veflel, or to.the corporal punifhment of thofe who af- 
fitf in carrying on fuch prohibited commerce. 
As it is lawful for a belligerent to confifcate the goods 
and vefl'els of an enemy ; fo alfo a belligerent cannot ex- 
ercife hoitilities in a neutral place, nor confifcate property 
belonging to neutral fubjefts; yet, according to Grotius, 
(lib. iii. c. 6. § 26, n. 3.) and the belt writers on the law 
of nations, he has full power to confifcate the goods of 
an enemy found in a neutral vefiel, navigating on a free 
or neutral fea. 
A belligerent power has a right, even on a free fea, to 
bring a neutral vejfel to, and infill upon a proof of her neu¬ 
trality. In cafe of a difpute as to the lawfulnefs of a 
prize made on a free fea, fince neither the fovereign of 
the captor, nor the fovereign of the proprietor, has, ac¬ 
cording to the natural law, an exclufive right of judging 
in the caufe ; it mull according to the law of nations be 
decided in the proper admiralty-court. 
The modern law’ of nations differs in many refpefls, 
touching neutral commerce, from the univerfal law of 
nations. 
It is generally admitted, that a neutral power ought 
not to tranfport to either of the belligerent powers mer- 
chandifes unequivocally intended for warlike purpofes, 
as arms, vefl'els of war, and the like. The lift of thofe 
merchandifes, commonly called contraband of war , has been 
differently fettled in different treaties ot commerce : fome- 
times this lift has comprifed fhip-timber, cables, hemp, 
coined money, tobacco, provifions, and the like ; and at 
other times fome of fuch merchandifes have been exprefsly 
declared not contraband. Befides this, the maritime powers 
do ufually, at the beginning of a war, ifl'ue declarations, 
to notify to neutrals what merchandife they fliall confi- 
der as contraband of war, and to forewarn them of the pe¬ 
nalties they intend to inflift on thofe that fhall be found 
conveying them to the enemy. 
A nation that authorifes contraband commerce is looked 
upon as having violated its obligations of neutrality; and 
the belligerent againft which fuch commerce operates con- 
fifcates the contraband merchandife, and fometimes the 
veflel too. It feems to have been the rule formerly, and 
even now according to Bouchard, to confifcate both, 
when the proprietor of the veflel had knowingly and vo¬ 
luntarily loaded his veflel with contraband merchandife, 
■whether in whole or in part. At prefent this cuftom is 
moftly governed by treaties of commerce ; and, where 
there are no treaties, the conduft of the belligerents is 
extremely various. 
With refpecl to merchandifes which are not contraband, 
it is generally acknowledged by the powers of Europe 
that neutral powers have a right to tranfport them to the 
enemy, except it be into places under a blockade, and 
with which all commerce is prohibited. 
Neutral merchant-vefiels ought, when out at fea, to fub- 
mit to the cuftomary examination, which has been alinoft 
uniformly confirmed by treaties of commerce madebetween 
the different powers ; and, if a neutral merckant-vejfcl refufe 
to be examined, it may be forced to it; and, if fuch vefiel 
defend herfelf againft a fliip of war, fhe incurs the penalty’ 
of confifcation. 
When a prize has been made, the captor cannot appro¬ 
priate it to his own ufe till it lias been, condemned as 
a lawful prize in the court of admiralty. Every fovereign 
is authorized to inftitute courts of admiralty, and every 
other fuperior tribunal, for the purpofe'of determining on 
the legality or illegality of all prizes made by his fubjefls. 
In trials of this kind, the original proprietors of the prize, 
or thofe who claim in their Head, are required to prove 
that the prize is not a lawful one. And Great Britain 
has elbiblifhed this as a principle, that, if a neutral vefiel 
does not produce to the captor, when met at fea, a fufli- 
cient proof of her neutrality, fhe fliall be obliged to pay 
all coils of fuit; and France would not, during the war of 
1778, admit any other proof but fuch as was on-board at 
the time of the firft examination by the captor. 
It was formerly a rule generally adopted by the nations 
of Europe, with refpeft to an enemy’s goods found in 
neutral vefl'els, to return to the proprietors the , neutral goods 
taken on-board of an enemy''s vejfel, and to confifcate the goods of 
an enemy found on-board of a neutral vejfel. However, dur¬ 
ing the late wars between the great maritime powers, the 
neutrals complained, that the belligerents, and in particu¬ 
lar Great Britain, had encroached on their rights of neu¬ 
trality ; and, in confequence of thefe alleged encroach¬ 
ments, the emprefs of Ruflia, at the head of the northern 
Hates, in 1780, attempted to ellablifh a new principle, 
viz. that neutral vejfcls make neutral goods ; that is to fay, 
that an enemy's goods found in neutral vcjfels ought not to be 
confifcated. This file caufed to be communicated to the 
belligerents, with a vain declaration, as to Great Britain, 
that fhe would maintain fuch new general principle by 
force of arms. This was termed the armed neutrality, the 
principles of which were defigned to overthrow the moffc 
ancient and eftablifhed ufages of the great maritime pow¬ 
ers. The rules attempted to be enforced by this novel 
fyflem of armed neutrality, are, 1. That neutral powers 
have a right to enjoy a free trade with the ports and roads 
of the belligerent powers. 2. That neutral vefl'els make 
neutral goods ; that is, as before obferved, enemy’s goods 
found in neutral vefl'els ought not to be confifcated. 3. 
That no merchandifes fliall be reputed contraband, which 
have not been declared fo iu treaties made with the bel¬ 
ligerents or one of them. 4. That a place fliall not be 
confidered as blockaded, except when iurrounded by the 
enemy’s vefl'els in fuch a manner as renders all entrance 
manifeftly dangerous. 5. That fuch principles fliall ferve 
as the balls of all decifions touching the legality of prizes. 
Some of the l'maller maritime flates acceded to thefe new 
principles ; but Great Britain has not, nor can it be ex- 
pe< 5 led that fhe ever will adopt any of them, being fo ob- 
vioufly direfled againft her tranfcendent fovereignity at fea. 
6 . Making Peace. A war ought in flri&neis to be put 
~ an end to, as foon as the enemy has obtained, or can ob¬ 
tain, the fatisfaclion demanded, a compenfation for the 
expenf'es of the war, and fecurity for the future. The 
duration of war however depends on what is termed /late- 
policy. Sometimes the demanded fatisfadtion is never ob¬ 
tained ; and, at other times, the war is carried on for ven¬ 
geance or conqueft’s fake, after the fatisfadlion is, or may 
be, obtained. 
The firft overtures for peace are fometimes made by one cf 
the belligerent powers to the other; and fometimes by a 
neutral power, their common friend. The negociations are 
alfo fometimes opened by the belligerent powers them- 
felves, and fometimes by a neutral power that interpofes 
its good offices, or becomes a mediator. The mere inter- 
pofition of good offices differs from mediation. The lat¬ 
ter fuppofes the conient of the two parties - ; and this can 
only give a right of afiifting at the conferences. The 
good offices of a neutral power may therefore be accepted,, 
and its mediation refilled ; as Ruflia did with relpeft to 
France, in the war of 1742 with Sweden. 
Thefe negociations for peace are carried on at the court 
of one of the belligerent powers,.or'lit that of a mediator, 
or elfe at fome other place, named by the parties as the 
place of affembly for the congrefs. 
I11 treating for peace, prdiminary conventions are fome- 
times: 
