precision, or more irresistible argument, than in Lord Grenville's speech in the House of Peers, upon the motion for an address to the throne approving of the convention with Russia in 1801 (ƒ). Among the many attributes of a statesman possessed in rare excellence by that minister, was his intimate acquaintance with International Jurisprudence in all its branches. His opinion is, therefore, of very great authority. He argued that, by the language of that convention, a new sense, and one hitherto repudiated by Great Britain, with respect to contraband of war would be introduced, so far at least as Great Britain was concerned," into general International Law; that inasmuch as some provisions of the Treaty with respect to what should be considered contraband of war were merely prospective, and confined to the contracting parties, England and Russia, while other provisions of the same Treaty were so couched in the preamble, the body, and certain sections which contained them, as to set forth, not the concession of a special privilege to be enjoyed by the contracting parties only, but a recognition of one universal pre-existing right, they must be taken as laying down a general rule for all future discussion with any Power whatever, and as establishing a principle of law which was to decide universally on the just interpretation of the technical term contraband of war (g).

LI. The constant consent of various nations to adopt a particular interpretation of a particular term is, generally speaking, strong evidence that such is the true International meaning belonging to it. Bynkershoek was in the habit of placing great stress upon the language of Treaties, as evidence of the universal consent of nations, and especially on this point (h): "Excute pacta gentium, quæ diximus, excute et "alia, quæ alibi exstant, et reperies, omnia illa appellari

(f) This speech was published separately, by Cobbett and Morgan, Pall Mall, November 13, 1802.

See, too, Hansard's Parliamentary Debates, 1801.

(g) See Appendix for the extract at length from the speech upon this point.

(h) Quaestiones Juris Publici, 1. i. c. x. 113.

"contrabanda, quæ, uti hostibus suggeruntur, bellis gerendis "inserviunt, sive instrumenta bellica sint, sive materia, per "se bello apta ;" and, again, " Priusquam autem, quid mihi "videatur, exponam, operæ pretium erit, pactiones gentium "consuluisse;" again, "Sed his paulisper sepositis audi "pacta gentium ;"-these and the like expressions abound in his most valuable dissertations. Nor in this respect is he at variance with other jurists; it is their universal opinion that not only the particular provisions, but the general spirit, of Treaties to which at different periods many nations have been parties, is of great moment and account as the evidence of their consent to the doctrine contained in them. So Lord Stowell, in his judgment of The Maria, arguing for the universal right of the belligerent to visit neutral merchant ships, says: "The right is equally clear in practice, for practice "is uniform and universal upon the subject: the many European Treaties which refer to this right refer to it as pre-existing, and merely regulate the exercise of it”(¿). So the "Réponse sans réplique," already mentioned, of Great Britain to the Prussian memorial, and that memorial itself, refer to a variety of Treaties as containing provisions illustrative and confirmatory of the doctrine maintained in the reply.

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LII. When, however, it is said that the consent of nations may be gathered in some degree from the conventions of Treaties, it is not meant that every kind of Treaty can furnish even this degree of evidence. Many are concerned with matters of no general (j) interest to other than the

(i) 1 Robinson's Adm. Rep. p. 360.

(j) "By this means the proposed fraternity is hustled in the crowd of those treaties which imply no change in the public law of Europe, and which do not, upon system, affect the interior condition of nations. It is confounded with those conventions in which matters of dispute among sovereign powers are compromised, by the taking off a duty more or less, by the surrender of a frontier town or a disputed district on the one side or the other, by pactions in which the pretensions of families are settled (as by a convenyancer making family substitutions and successions), without any alterations in the laws, manners, religion, privileges, and customs of the cities or territories which are the subject of such arrangements."-Burke, viii. 234, Letters on a Regicide Peace.

contracting parties; many contain stipulations wrung from the necessities of one party, and compelled to admit claims to which by the general law its adversary was not entitled (k). From Treaties of this description no argument of the consent of Nations can be fairly deduced. But there are certain great and cardinal Treaties in which, after long and bloody wars, a re-adjustment of International relations has taken place, and which are therefore more especially valuable, both from the magnitude and importance of their provisions, which have necessitated a recurrence to, and a re-statement of, the fundamental principles of International Law; and also from the fact, that frequently the greater number of European States, and lately some American and even Asiatic communities, have been parties thereto (1).

This subject will come again under discussion in a subsequent consideration of the general subject of Treaties (m). It may, however, be as well to mention in this place that the Treaties which have principally affected International Law, are (n):

(k) "Quod vero contrà rationem juris receptum est, non est producendum ad consequentias."-Dig. i. iii. s. 14 (De Legibus).

"Quæ propter necessitatem recepta sunt, non debent in argumentum trahi."-Dig. 1. xvii. 162; de Diversis Regulis Juris Antiqui.

(1) Tous les princes et états de l'Europe se trouvent ainsi directement ou indirectement compris dans ce traité, à l'exception du Pape et du Grand Seigneur, qui seuls n'y prirent aucune part."-Koch. Hist. des Tr. c. i. 1, 3, in fine.

(m) Vol. ii. ch. vi. vii. viii.

(n) "Si l'on examine les révolutions qui ont contribué à constituer l'état actuel de l'Europe, on se convaincra qu'il y a peu de traités antérieurs à ceux de Westphalie, d'Oliva, et de Carlowitz, dont l'influence s'étende aux affaires générales, et au système politique de nos jours. L'étude des traités qui les précèdent ne laisse cependant pas d'avoir son utilité, parce que les stipulations qu'ils renferment sont souvent rappelées et confirmées dans des actes plus récents; que les prétentions des puissances dérivent en grande partie des anciens traités, et qu'enfin la connaissance de ceux-ci sert à étendre les vues de la politique; car plus on pénètre dans l'histoire des traités, plus on se rend propre aux négociations et aux travaux diplomatiques.

"Il serait superflu d'entrer dans un plus grand détail sur les avantages que procure la connaissance des traités; il suffit de remarquer qu'elle donne celle de l'état actuel de l'Europe, ainsi que des droits et des obli

For Europe generally :-Westphalia (1648), to which every Sovereign and State on the Continent of Europe, except the Pope and the Grand Seignor, was a party; Utrecht (1713); Paris and Hubertsbourg (1763); Paris (1814), and the Congress of Vienna.

The Treaty of Paris (with the Conventions annexed to it), March 30, 1856, between England, France, Russia, Sardinia, and the Porte, by which the independence and integrity of the Ottoman Empire are secured, and this Empire is admitted" into the Public Law and System of Europe." The Principalities of Moldavia and Wallachia (o) and Servia (the last in a peculiar way) (p) are placed under the suzerainty of the Porte. The Black Sea is neutralized and opened to the merchant vessels of the world, but interdicted

gations réciproques des puissances. Elle est donc indispensable à tous ceux qui sont chargés du maniement des affaires publiques ou qui veulent s'y former. Elle n'est pas d'une moindre utilité à ceux qui étudient l'histoire en philosophes et en politiques.

"En suivant le fil des négociations, on découvre l'origine des événements qui ont changé la face du monde politique et produit l'état de choses qui règne aujourd'hui en Europe. Cette étude conduit donc à la vraie connaissance de l'histoire, et nous met en état de relever beaucoup d'erreurs commises par les historiens qui ont négligé d'approfondir les traités."-Koch, Hist. des Tr., Préf.

(0) Article XXI.-" The territory ceded by Russia shall be annexed to the Principality of Moldavia under the suzerainty of the Sublime Porte." Article XXVI.-" It is agreed that there shall be in the Principalities a national armed force, organized with a view to maintain the security of the interior, and to ensure that of the frontiers. No impediment shall be opposed to the extraordinary measures of defence which, by agreement with the Sublime Porte, they may be called upon to take in order to repel any external aggression."

(p) Article XXVIII.-" The Principality of Servia shall continue to hold of the Sublime Porte, in conformity with the Imperial Hats which fix and determine its rights and immunities, placed henceforward under the collective guarantee of the Contracting Powers. In consequence, the said Principality shall preserve its independent and national administration, as well as full liberty of worship, of legislation, of commerce, and of navigation."

Article XXIX.-" The right of garrison of the Sublime Porte, as stipulated by anterior regulations, is maintained. No armed intervention can take place in Servia without previous agreement between the High Contracting Powers."-Annual Register, 1856, pp. 316, 317.

to vessels of war. The navigation of the Danube (q) made free and placed in the category of the great rivers mentioned in the Treaty of Vienna.

The Declaration respecting Maritime (r) Law was signed by the Plenipotentiaries of Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey, assembled in Congress at Paris, April 16, 1856.

The Treaty of Prague, 1866, the close of the war by which Prussia destroyed the old German Bund, obtained for herself the supremacy which Austria once had in Germany, seized without scruple or justification large portions of her weaker neighbours' territories-a fate which even the ancient Free City of Frankfort could not escape (s).

(q) Article XV.-" The Act of the Congress of Vienna having established the principles intended to regulate the navigation of rivers which separate or traverse different States, the Contracting Powers stipulate among themselves that those principles shall in future be equally applied to the Danube and its mouths.

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They declare that this arrangement henceforth forms a part of the public law of Europe, and take it under their guarantee."-Annual Register, 1856, p. 314.

(r) See Appendix; also Preface to this volume; also ch. x. of third volume.

(8) See Overthrow of the Germanic Confederation in 1866, by Sir A. Malet, 1870. "The ancient free city of Frankfort," he says, " obtained, by special favour of the King of Prussia, reimbursement of a portion of the contribution which was exacted; but the Government is abolished, and the city is reduced to a Prussian town of the third rank."— Chap. xxv. p. 384.

"Before the war the kingdom of Prussia consisted of nine provinces-1. Eastern Prussia, with Königsberg as its capital. 2. Western Prussia; capital, Dantzig. 3. The Grand Duchy of Posen, or Polish Prussia; capital, Posen. 4. Silesia; capital, Breslau. 5. Brandenberg; in which is situated Berlin. 6. Pomerania; capital, Stettin. 7. Saxon Prussia, in which is situated the strong fortress of Magdeburg. 8. Westphalia. 9. Rhenish Prussia. After the war, in addition to these territories, she incorporated into her dominions Hanover, Hesse-Cassel, Nassau, Hesse-Homburg, the Duchies of Schleswig, Holstein, and Lauenburg (these last, however, had been previously annexed), that part of Hesse-Darmstadt which lies to the north of the Maine, and the little principality of Hohenzollern-the cradle of the Prussian Royal House— VOL. I.

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