"that at the commencement of a war, it is the constant
practice of this country to condemn property seized before
the war, if the enemy condemns, and to restore if the enemy
restores. It is a principle sanctioned by that great
foundation of the Law of England, _Magna Charta_ itself,
which prescribes, that at the commencement of a war the
enemy's merchants shall be kept and treated as our own
merchants are treated in their country."[13]

[Sidenote: Droits of Admiralty.]

[14]In England, at present, however, these liberal principles are
modified by Rights of Admiralty, the foregoing rules being applied
rather to property _upon the land_ than _within the territory_; for
although, when captures are made in ports, havens, or rivers, within
the body of the country of the realm, the Admiralty is in reality
excluded, yet Prize Courts have uniformly, without objection, tried
all such captures in ports and havens within the realm; as in the case
of ships not knowing hostilities, coming in by mistake, before the
declaration of war or hostilities; all the ships of the enemy are
detained in our ports, to be confiscated as the property of the enemy,
if no reciprocal agreement is made.[15]

[Sidenote: Hostile Embargo.]

This species of reprisal is termed a Hostile Embargo. It cannot well
be distinguished from the practice of seizing property found within
the territory upon the declaration of war. It is undoubtedly against
the spirit of modern liberality, and has been but too justly
reprobated as destroying that protection to property which the rule of