[§ 3. Of the Rights of Neutral Nations.]

Third, we are next to show what is due to neutral nations from the belligerent powers.

The rule of justice with respect to neutral nations is, Edition: current; Page: [275] that as they have offended no party, they should suffer no injury. In a war between France and England the Dutch should have the liberty of trading to both countries, as in the time of peace, as they have injured neither party. Unless when they carry contraband goods, or are going to a town that is besieged, they can trade to any part of the country without molestation. A neutral bottom will not, however, protect the goods of the enemy, nor does the hostility of the bottom, so to speak, forfeit the goods of the neutral power. There is some difference between the practice of ancient and modern nations with respect to the ius postliminii, or the recovery of what was lost1. The maxim in time of war anciently was, we are always in the right, and our enemies always in the wrong; whatever is taken from the enemy is justly taken, whatever is taken from us is unjustly taken. On this account, if a Carthaginian had sold to a Roman a Roman ship taken in war, the former owner, whenever he had an opportunity, took it back, as on the above principle it was unjustly taken from him. Now it is quite otherways; we consider everything done in war as just and equitable, and neither demand, nor would take back any captures made in it. If an English ship be taken by the French and sold to the Dutch, and come to a British harbour, the former owner pretends no claim to her, for he had lost all hopes of it when it had gone into the possession of the enemy.

It is to be observed that there is a very great difference in the conduct of belligerent nations towards one that is neutral, in a land war, from what [it] is in a sea war, which is more the effect of policy than humanity. When an army retreats, and the conqueror pursues into a neutral nation, unless it have power to hold out both, it becomes the seat of war, as is often the case, and little or no satisfaction is given for damages; but in a sea war, a ship taken from the most inconsiderable neutral power is always restored. Edition: current; Page: [276] The reason commonly assigned, that it injures their commerce more to take their ships than anything else, is unsatisfactory, for a land war hurts commerce more than it does. The real reason is that a small country has it not in its power to assert its neutrality in a land war, but the smallest is able to do it in a sea war. A small fort can oblige of the greatest nation to respect the neutrality of its harbour.