breach of the Right of States, is now, it may be reasonably hoped, firmly incorporated into the code of International Law (s).

The dispute which unhappily arose between England and the United States, in consequence of the escape of the ship Alabama from British territory and her subsequent employment as a ship of war by the Southern Confederates, is, I deeply regret to say, still open (†).

I will only say in this place that no English jurist could object to have that dispute decided upon the principles of law laid down--harmoniously, I think, on the whole-by the tribunals of the United States and England, and by reference to the public Acts and documents of both countries.

It is a satisfactory reflection that the general recognition of the established rules of International Law, by neutrals as well as belligerents, during this civil war prevented the extension of the calamity to other States. In 1863, President Lincoln said: "We "remain in peace and friendship with foreign Powers. "The efforts of disloyal citizens of the United States "to involve us in foreign wars to aid an inexcusable "insurrection have been unavailing. Her Britannic Majesty's Government, as was justly expected, "have exercised their authority to prevent the departure of new hostile expeditions from British ports. The Emperor of France has, by a like

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(8) The two English and American statutes, and the judgment of the Privy Council on the former of the English statutes, are printed in the Appendix to this volume.

(t) See despatch of Mr. Fish, and the answer of Earl Clarendon, Ann. Reg. 1869, p. 295.

แ

"ceeding, promptly vindicated the neutrality which "he proclaimed at the beginning of the contest. "Questions of great intricacy and importance have "arisen out of the blockade and other belligerent operations, between the Government and several of "the maritime Powers, but they have been discussed, "and as far as was possible accommodated, in a spirit "of frankness, justice, and natural good-will. It is especially gratifying that our prize courts, by the impartiality of their adjudication, have commanded "the respect and confidence of maritime Powers" (u).

In 1862, President Lincoln, in his message to Congress, observed: "The Treaty with Great "Britain for the suppression of the African slave "trade has been put into operation with a good แ prospect of complete success. It is an occasion of "special pleasure to acknowledge that the execution "of it on the part of Her Majesty's Government has "been marked by a jealous respect for the authority "of the United States and the rights of their moral "and loyal citizens" (x).

XII. The Black Sea has been neutralized; its waters and its ports are opened (y) to the mercantile marine of every nation, but are formally and in perpetuity interdicted to the flag of war, either of the Powers possessing its coasts, or of any other Power (2). Russia and Turkey are allowed to keep light vessels for the service of the coasts, and each of the contracting Powers has the right to station at

(u) Ann. Reg. 1863, p. 335.

(x) Ann. Reg. 1862, p. 239.

(y) Pt. iii. ch. viii. of this volume.

(~) Article XI. of the Treaty of Paris, 1856.

all times two light vessels at the mouth of the Danube (a).

XIII. The temporary opening of the great River St. Lawrence (b) appeared to have justified the opinion expressed in the former edition of this volume, respecting the expediency of allowing to the whole world the benefit of this great channel of traffic. By Art. IV. of the Treaty between England and the United States, signed at Washington (June 5, 1854), "It is agreed that the citizens and inhabitants of "the United States shall have the right to navigate "the River St. Lawrence and the canals in Canada "used as the means of communicating between the "Great Lakes and the Atlantic Ocean, with their vessels, boats, and crafts, as fully and freely as the subjects of Her Britannic Majesty, subject only to "the same tolls and other assessments as now are or "may hereafter be exacted of Her Majesty's said subjects; it being understood, however, that the "British Government retains the right of suspending "this privilege on giving due notice thereof to the "Government of the United States."

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By Article V. it was provided that "the Treaty "shall remain in force for ten years from the date at "which it may come into operation; and further, "until the expiration of twelve months after either "of the high contracting parties shall give notice to "the other of its wish to terminate the same; each "of the high contracting parties being at liberty to give such notice to the other at the end of the said term of ten years or at any time afterwards."

While this right to navigate the St. Lawrence was

(a) Articles XIV., XIX.

(b) Pt. iii. ch. v. of this volume.

granted to citizens of the United States, British subjects had a corresponding right to navigate Lake Michigan. England might suspend the right granted to the United States upon notice, in which event she lost her right to navigate Lake Michigan, and the United States might further suspend the operation, so far as Canada was affected thereby, of Article III. of the Treaty, admitting certain articles the growth and produce of British provinces into the United States duty free. It is much to be regretted that this Reciprocity Treaty was terminated, after ten years, by a notice given by the President, in pursuance of a resolution of Congress of January 18, 1865 (c). The difficulties (d) arising out of the Clayton-Bulwer Treaty and the relations of England to the Bay Islands and the territory of the Mosquito Indians and the Republics of Nicaragua and Costa Rica, have been happily removed. By the Frotocol of October 9, 1868, the thorny question of NATURALIZATION has been happily settled between England and the United States.

XIV. The free navigation of the Danube, secured by the recent Treaty of Paris (e), places this magnificent stream under the same Public Law of Europe to which other European rivers flowing through the territories of different States have been subjected by the Treaty of Vienna (ƒ).

The doctrine of GUARANTEE (g) has received addi

(c) Dana's Wheaton, notes 110 and 118, pp. 262, 287.

(d) Pt. iii. c. ix. of this volume. See, too, President Grant's message to Congress, Ann. Reg. 1869, p. 307.

(e) Articles XV., XIX.

(f) Pt. iii. ch. v.

(g) Pt. iv. ch. i. of this volume.

tional recognition and confirmation from the practice of the European States.

The case of Turkey has been already mentioned. The liberties of that important member of the Scandinavian Society of States, Sweden, were formally guaranteed by England and France during the recent war with Russia. The succession to the throne of Denmark has also become the subject of European guarantee, and the independence of Belgium guaranteed at the time of her constitution as a separate State has been sustained by Treaties between England and Prussia, and England and France, during the present war.

XV. The important International questions relative to the Sound Dues levied by Denmark were finally adjusted in 1857 (h).

With respect to Slavery (i), it is too much to say that the terrible and desolating civil war in the United States is not to be regretted, if the abolition of domestic Slavery could not otherwise be obtained, but it is impossible to estimate too highly the boon to mankind which this unintended (k) fruit of the great internal contest produced. It tends, I hope, to strengthen the opinion which, in spite of high autho

(h) Pt. iii. ch. vii. of this volume.

(i) Pt. iii. ch. xvii. ib.

(k) 1859. President Buchanan congratulates Congress that the Supreme Court has decided that a man may take his slave as his property into the common territory.-Ann. Reg. p. 270.

1860. Northern States have no more right to interfere with the institution of slavery in the Southern States, than with similar institutions in Russia or Brazil.—Ann. Reg. p. 277.

1861. President Lincoln: "I have no purpose, directly or indirectly, to interfere with the institution of slavery in the State where it exists." 1862. All slaves declared free.-Ann. Reg. p. 242, and Ann. Reg. for 1863, p. 303.