tions 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 Nation
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