[Sidenote:  Costs and Damages to Owners for invalid Seizures.]

It often happens that captains of ships of war and privateers make seizures of native or neutral vessels, under the impression that such vessels are occupied in illicit trade or other condemnatory acts.  This may arise from error, and in such cases the vessel is restored to the owner by the prize court; but still there may be circumstances justifying the seizure, though not condemnation; and if condemnation is not granted, the owner sets up a claim for any damage that may have occurred to his vessel.

And the rule is, that where the capture is not justifiable, a captor is answerable for every damage.[138]

But if a seizure is justifiable, all that the law requires is that the captor shall be held responsible for due diligence; it is not enough that the captor should use as much caution as he would in his own affairs, the law requires that there should be no deficiency of due diligence.[139]

When property is confided by an owner to another person, the care that the owner would take of his own property may be a reasonable criterion of the care that he may expect his agent to take.  But in the case of capture, there is no confidence reposed, nor any voluntary election of the person in whose care the property is left.  It is a compulsory act of justifiable force, but still of such force as removes from the owner any responsibility for the imprudent conduct of the prize-master.  Hence, where the prize-master refused to take a pilot, and the ship and cargo were lost, restitution in value was decreed.

CHAPTER III.

SECTION I.

Neutrality.

[Sidenote:  Rights of Neutral Nations.]

It now only remains for me to place before the reader the Rights and
Obligations of Neutral Nations, as they influence Commerce.

Neutral Nations are those who, in time of war, take no part in the contest, but remain common friends to both parties, without favouring the arms of the one to the prejudice of the other.[140]

Neutrality consists in—­1st, Giving no assistance when there is no obligation to give it; nor voluntarily to furnish troops, arms, ammunition, or anything of direct use in war. 2ndly, In whatever does not relate to war, a neutral and impartial nation must not refuse to one of the parties (on account of his present quarrel) what she grants to the other.[141]

[Sidenote:  Qualified Neutrality.]

These rules do not apply to engagements by treaty, to which the Neutral may be bound previous to war; as for example, an engagement to furnish one of the belligerent parties with a limited succour in money, troops, ships, or munitions of war, or to open his ports to the armed vessels of his ally with his prizes.[142]

Neutrality, again, may be qualified by treaties (antecedent to war), to admit vessels of war, with their prizes, of one of the belligerent parties, into the neutral’s ports, to the complete or limited exclusion of the other.