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§ 307.


gation of such rules, and the capture of the ship Silesia by the commander of the warship Hai Chew on the 14Ö» day of August in the sixth year of the Republic, the day on which war was declared on Austria-Hungary, was the exercise of an inherent right."


Lloyd, n°. 3 (554) : „Considérant que, d'après les principes du droit des gens, consacrés tant par l'ordonnance sur la marine d'aoüt 1681, livre III, titre 9, article 4, que par 1'article 51 de 1'arrêté du 2 prairial an XI, tous navires appartenant a des ennemis sont de bonne prise."


Roumanian (24) i „According to the practice of former times, and according to.the views held by some of the most revered and authoritative international jurists, all enemy property on land, as well as on sea and in ports, creeks, and rivers, could be captured and confiscated. But from time to 'time, by special treaties, and subsequently by the mitigation of rules considered to operate harshly on enemy owners of private properties, capture of sUch properties on land has been avoided and has fallen into

desuetude [suit une citation de 1'ouvrage de M. Hall] It ought,

however, to be borne in mind — what, indeed, is often forgotten — that a potent'factor and a beneficent object in the mitigation of the severity of seizure on land, was the desirabüity of saving from confiscation the próperty of citizens of an enemy State which was already in the belligerent country at the outbreak of war. A beginning was made by exempting moneys lent by individuals of an enemy State to a belligerent State. Then real and immovable property was made an exception, at first from absolute confiscation, arid later from sequestration of its income. Then came treaties allowing time for the withdrawal of mercantile property from a belligerent country at the outbreak of war .... [suit une autre citation de 1'ouvrage de M. Hall, et ensuite unefoitation de 1'ouvrage de M. Wheaton, annoté par M. Dana, oü celui-ci fait, entre autres, les observations suivantes :] „The humanity and policy of modern times have abstained from the taking of private property, not liable to direct use in war, when on land. Some of the reasons for this are the infinite varieties of the character of such property, — from things almost sacred, to those purely merchantable ; the difficulty of discriminating among these varieties ; the need of much of it to support the life of non-combatant persons and of animals; the unhmited range of places and objects that would be opened to the mihtary ; and the moral dangers attending searches and captures in households and among non-combatants. But, on the high seas these reasons do not apply. Strictiy personal effects are not taken [voir a ce sujet § 397]. Cargoes are usually purely merchandise. Merchandise sent to sea is sent voluntarUy ; embarked by merchants on an enterprise of profit, taking the risks of war ; its value is usually capable of compensation in money, and may be protected by insurance ; it is in the custody of men trained and paid for the purpose ; and the sea, upon which it is