The doctrine is carried to the extent that no use of a neutral territory for the purposes of war is to be permitted; this does not include remote uses, such as procuring provisions and refreshments, and acts of that nature, which the law of nations universally tolerates; but that no proximate acts of war, in any manner, are to be allowed to originate on neutral grounds;—­thus a ship has no right to station herself in neutral waters, and then to send out her boats on hostile enterprises beyond the boundary.  This is a direct hostile use of the neutral territory, and many instances have occurred in which such an irregular use of neutral territory has been warmly resented.  Nor can the neutral, in true consistency with his neutrality, permit such a course of war.[149]

[Sidenote:  Vessels chased into a Neutral Port.]

Bynkershoek has maintained the anomalous principle, that vessels may be chased into a Neutral Territory, and there captured; but there is in reality no exception to the rule, that every voluntary entrance into a neutral territory, with hostile purposes, is absolutely unlawful.

But this restoration takes place only on the application of the neutral government whose territory has been thus violated, the neutrality alone being the ground of the invalidity of the capture.[150]

[Sidenote:  Consent of Neutral State necessary.]

Though a belligerent vessel may not enter within neutral jurisdiction for hostile purposes, she may, consistently with a state of neutrality (unless prohibited by the neutral power), bring her prize into the neutral port and sell it there.

[Sidenote:  Freedom of Neutral Commerce.]

A neutral has a right to pursue his accustomed commerce, and he may become the carrier of the enemy’s goods, without being subject to confiscation of the ship, or of the neutral articles on board; though not without the risk of having the voyage interrupted by the seizure of the hostile property.  If we find an enemy’s effects on board a neutral ship, we seize them by right of war; but we are naturally bound to pay the freight to the master of the vessel, who is not to suffer by such seizure.[151]

The effects of neutrals found in an enemy’s ship, are to be restored to the owners, against whom there is no right of confiscation,—­but without allowance for detainder, decay, &c.  Neutrals voluntarily expose themselves to these accidents by embarking their goods in a hostile ship.[152]

We have before mentioned that neutral ships do not afford protection to an enemy’s property.  It may be seized if found on board of a neutral vessel, beyond the limits of the neutral jurisdiction.  This is a clear and well-settled principle of the Law of Nations.