Page:Handbook of maritime rights.djvu/84

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70
MARITIME RIGHTS.

The Duke of Newcastle's answer is crushing on this head. He quotes chapter and verse of all the great writers on International Law on the subject, and I cannot do better than transcribe here the authorities he quotes:—

(1) The "Consolato del Mare." Cap. 273.

(2) Grotius de jure belli ac pacis. Lib. III cap. I. sect. 5, note 4 citing the above (1) quotation, and also in his notes, L. III. c. 6. 5, 6.

(3) Vattel, L. IIL cap. 7. " If any goods belonging to the enemy are found on board a neutral ship they may be seized by the right of war, but the freight must naturally be paid to the master of the ship, who must not himself suffer by such seizure."

(4) Bynkershock, L. L c. 14. "We must rather consider reason itself than treaties. I cannot see any cause why it should not be lawful to take