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The foregoing comments apply to cargoes destined for Germany. Cargoes coming out of German forts present another problem under the terms of the declaration. Under the rules governing enemy exports only goods owned by enemy subjects in enemy bottoms are subject to seizure and condemnation. Yet by the declaration it is purposed to seize and take into port all goods of enemy "ownership and origin." The word "origin" is particularly significant. The origin of goods destined to neutral territory on neutral ships is not, and never has been, a ground for forfeiture, except in case a blockade is declared and maintained. What, then, would the seizure amount to in the present case except to delay the delivery of the goods? The declaration does not indicate what disposition would be made of such cargoes if owned by a neutral or if owned by an enemy subject. Would a different rule be applied according to ownership? If so, upon what principles of international law would it rest? And upon what rule, if no blockade is declared and maintained, could the cargo of a neutral ship sailing out of a German port be condemned? If it is not condemned, what other legal course is there but to release it?

There is reason to believe that after his reconciliation with the king of England Innocent III had all the letters in which he had threatened John with the severest penalties collected so far as possible and destroyed.[76] It is uncertain, however, whether before the end of 1212 he had gone so far as to depose the king and to absolve his subjects from their allegiance, though this is asserted by English chroniclers. But there is no good ground to doubt that in January, 1213, he took this step, and authorized the king of France to invade England and deprive John of his kingdom. Philip needed no urging. He collected a numerous fleet, we are told, of 1500 vessels, and a large army. In the first week of April he held a great council at Soissons, and the enterprise was determined on by the barons and bishops of France. At the same council arrangements were made to define the legal relations to France of the kingdom to be conquered, The king of England was to be Philip's son, Louis, who could advance some show of right through his wife, John's niece, Blanche of Castile but during his father's lifetime he was to make no pretension to any part of France, a provision which would leave the duchy of Aquitaine in Philip's hands, as Normandy was. Louis was to require an oath of his new subjects that they would undertake nothing against France, and he was to leave to his father the disposal of the person of John and of his private possessions. Of the relationship between the two countries when Louis should succeed to the crown of France, nothing was said. Preparations were so far advanced that it was expected that the army would embark before the end of May.

About this time a really great man was placed at the head of the Carthaginian army--a man who, at an earlier period of the war, might have brought the struggle to a very different termination. This was the celebrated Hamilcar Barca,[29] the father of the still more celebrated Hannibal. He was still a young man at the time of his appointment to the command in Sicily (B.C. 247). His very first operations were equally daring and successful. Instead of confining himself to the defense of Lilybaeum and Drepanum, with which the Carthaginian commanders had been hitherto contented, he made descents upon the coast of Italy, and then suddenly landed on the north of Sicily, and established himself, with his whole army, on a mountain called Hercte (the modern _Monte Pellegrino_), which overhung the town of Panormus (the modern _Palermo_), one of the most important of the Roman possessions. Here he maintained himself for nearly three years, to the astonishment alike of friends and foes, and from hence he made continual descents into the enemy's country, and completely prevented them from making any vigorous attacks either upon Lilybaeum or Drepanum.

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