Chapter V, Part 2.

[1] See ante, p. 26.

[2] Op. cit. iii, 77; see also Blackstone, op. cit. i, 257.

[3] On the relation of the individual to the state see Westlake, Principles of International Law, Cambridge, England, 1894, p. 258; Rousseau, The Social Contract, English translation from French, by Tozer, London, 1909, p. 106. The theory associated with the name of Rousseau appears to have been first enunciated by Giustino Gentili in 1690, see C. M. Ferrante, Private Property in Maritime War, Political Science Quarterly, 1895, xx, 708.

[4] Blackstone, op. cit. i, 259.

[5] Phillimore, op. cit. iii.

[6] By the terms of the Giudon de la Mer; the ordinance of Louis XIV, 1681; the treaty of Utrecht, 1713; the treaty of Versailles, 1786; the right of reprisal was to be granted only to those who could prove damages done and when the offending state had refused legal redress. Prizes judged were to be judged in the same way as prize of war and any surplus in excess of the amount claimed was to be returned, Carnazza-Amari, op. cit. ii, 596, compare with English statute of 1416, ante p. 35, and note.

[7] Phillimore, op. cit. iii, 601.

[8] On English opposition to the declaration of Paris see Phillimore, op. cit. iii, 360; T. G. Bowles, Maritime Warfare, London 1878; Robert Ward, Treatise of the Relative Rights and Duties of Belligerent and Neutral Powers in Maritime Affairs, 1801, reprinted with notes on the Declaration of Paris by Lord Stanley of Alderley, London, 1875.

[9] Sir Thomas Barclay, Privateers, Encyclopedia Britannica, 11th Edition, xxii, 370.

[10] Phillimore, op. cit. iii, 209.

[11] T. E. Holland, Jurisprudence, 11th Edition, London, 1910, p. 212.

[12] Lord Chancellor Brougham in Alexander vs Duke of Wellington, 2 Russel and Mylne 54, 1831; quoted in Phillimore, op. cit. iii, 209; Walker, The Science of International Law, p. 320; Wheaton, International Law, p. 490.

[13] 5 C. Rob. 173, 1804, quoted in Atherley-Jones, op. cit. p. 524, Wheaton, International Law, p. 490.

[14] 37 Geo. III, c 109, 1797.

[15] E. C. Benedict, The American Admiralty, 4th Edition, Albany, 1910. p. 420.

[16] For full text of letter see, Phillimore, op. cit. iii, 666; Wharton, Digest of the International Law of the United States, 2nd Edition, Washington, 1887, iii, sec. 330; Moore, International Law Digest, Washington, 1906, vii, 603.

[17] Le Caux vs Eden, 2 Doug. 595, 99 Eng. Rep. 375; see also Phillimore, op. cit. iii, 213. As to necessity of a commission to establish a prize court see ante p.

[18] Huldah, 3 C. Rob. 235, quoted in Atherley-Jones, op. cit. p. 521.

[19] Phillimore, op. cit. iii, 655.

[20] See ante p. 73.

[21] 22 Geo. iii, c 25, s 1, 2, 1782.

[22] The Ships taken at Genoa, 4 C. Rob. 403; The Hoop, 1 C. Rob. 169, quoted in Phillimore, iii, 644.

[23] 27 and 28 Vict., c 25, s 45, 1864; also Holland, Manual of Naval Prize Law, sec. 273.