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LAW OF NATIONS
AFFECTING COMMERCE DURING WAR:
WITH A REVIEW
JURISDICTION, PRACTICE AND PROCEEDINGS
FRANCIS H. UPTON, LL. B.
NEW YORK :
NO. 20 NASSAU STREET.
Entered, according to Act of Congress, in the year 1861.
BY FRANCIS H. UPTON,
Southern District of New York.
a. A. ALVORD, STEREOTYPER AND PRINTER.
adopted by them, in the administration of the international law of maritime warfare.
In the progress of my labors to this end, I became persuaded that a preliminary review of the law of nations, so far as they relate to the interests of commerce in time of war, was essential to the just appreciation of the peculiar jurisdiction and practice of prize tribunals.
It is now nearly a half century since there has existed, in our country, any immediate practical necessity of a familiarity with the principles and rules of this law. It is, therefore, not surprising, that in the cent discussions, resulting from the present emergency, upon the interesting subjects of lawful belligerents and their rights, of the rights and obligations of neutrals, of the law of blockade, of contraband traffic, and of other kindred topics, vague and imperfect notions should be found to be prevalent.
In view of this, I hope that you may justify a departure from my first intention, although it has occasioned some delay in a compliance with your suggestion.
In the review of the important questions of international law, contained in the preliminary chapters of the work which I now present to you, no attempt at originality has been ventured, other than that involved in the arrangement and method of presenting the subjectsand as to that portion of the work which treats of the jurisdiction, practice and proceedings of prize courts—it is, and could be, little else than a methodized arrangement of the rich materials already furnished from the abundant stores of Lord Stowell and Mr. Justice Story:
Thus methodized and arranged, these subjects are now, for the first time, connected in one treatise. I sincerely trust that the result, while meeting your approval, may prove to be, not of mere temporary interest, to cease with the termination of the civil discord which has prompted it, but of substantial and permanent utility—as well to the statesmen and merchant as the lawyer.
F. H. UPTON. NEW YORK, July, 1861.
PREFACE TO THE SECOND EDITION.
It was fortunate for the wellbeing of the United States, when the standard of rebellion was raised to overthrow the government, that the direction and management of its naval affairs should have been conmitted to the present distinguished head of that department.
Under the judicious guidance, incomparable energy, and rare ailministrative capacity, which he has brought to the service, the world has witnessed with admiring wonder, the amazing change which a few brief months have wrought in the naval power of the nation.
From a condition of humiliating insignificance and inefficiency, in which he found it induced mainly by the jealous and uniform, hostility to its encouragement and increase, on the part of the slaveholding section of the Union, which, in the name of democracy, had hitherto controlled the affairs of the government), out of the great exigencies and boundless resources of the nation, it has suddenly started into life-a gigantic and invincible power-even as Minerva is said to have sprung, all armed, from the head of Jove.
Its achievements in the reduction of fortresses, hitherto deemed impregnable to the assault of naval armaments, have become memorable epochs in naval history.
Its agency in the enforcement of the government interdict of commercial intercourse with the insurgent population, over thousands of miles of coast upon the Atlantic Ocean and the Gulf of Mexico, has been not only of inestimable value to the nation, but wholly unprecedented in the annals of blockading service.
The curse of slavery, and its withering influences, being happily withdrawn from the control of the government-by God's blessing never to be restored—a complete revolution in the policy of the nation is as immediate as it was inevitable; and hereafter, the nation's navy will become and remain the great right arm of the nation's defence.
Henceforth, all subjects, in any manner connected with the management and interests of this great power, will assume an importance hitherto unacknowledged or unknown.
The numerous and important questions in the law of nations affecting the interests of neutral commerce, which have grown out of the civil war in the United States--the momentous issues discussed and