the Governments of States are at war *while their subjects are [*xii] at peace. Lately, indeed, it has been suggested at public meetings, that the commerce of Belligerents should continue to be carried on in War as in Peace; that being the condition on which the United States of North America offer to abandon the right of Privateering. Let it, however, be remembered, that to redress a present injury, to take security against a future transgression, are the only legitimate causes of war: and that in such cases, "toto certatum est corpore regni." The continuance of commercial intercourse between the subjects of the offended and the offending nations is, as a matter of Public Law, utterly destructive of the first notion of allegiance on the part of subjects to their respective sovereigns: and as a matter of International Law, the proposition that the will of the subject is, so far as other States are concerned, bound up in the will of his government, is a proposition of the most vital importance to the due administration of International Law, and to the peace of the world. After all, the question is whether the tendency of these exemptions is not to prolong hostilities, to protract the horrors of war: are they not, in truth, devices for making war perpetual rather than real mitigations of its attendant calamities? "If we were to go to war with the United States of North America it would not much matter, we could carry on our trade all the same,' was the language of a merchant to the author when this fundamental change in the principles of Public and International Law was proposed. Such a remark bore true testimony to the fact that, by this fundamental change, one great check imposed by Providence upon the hasty beginning of this terrible scourge is removed; and the same observation applies, with at least equal force, to its continuance. How many *wars [*xiii] have been, in fact, ended by the sufferings which their duration inflicted upon the subjects of the Belligerents? or rather, who, looking back into history, can fix a probable period of termination to many wars kindled by the passions of Nations or of their Governors, if the commerce of the Belligerents had remained unaffected? or if the famous, but perhaps legendary, precedent of the two Dutch admirals-who, commanding antagonist fleets, sold powder to each other, and, most commercially, contributed to their own destruction-had been generally followed? XI. The important International questions of the Sound Dues levied by the Crown of Denmark, have been the subject of several State Papers, and are now under the consideration of the Governments of all civilized States. (f) Those who are interested in the progress of International Justice, may look with satisfaction upon the general state of feeling and usage throughout the civilized world upon the much vexed question of Foreign Enlistment.(g) There is no International subject perhaps in which, during the last thirty years, so decided an improvement has taken place. The (ƒ) Vol. I. pp. 201, 217. See Papers and Report of Committee laid before Parliament on this subject in 1856. (9) See this volume, p. 209, &c., and Vol. I. pp. 397, 398, Appendix, pp. 504-14. axiom that to enlist foreign soldiers without the consent of their Governments is a grave breach of the Right of States, is now, it may be reasonably hoped, firmly incorporated into the Code of International Law. XII. The writer of these pages is anxious to acknowledge *the service which he has derived from the works of his own [*xiv] countrymen and from those of the United States of North America in the compilation of this volume. To the works of Ward, of Manning, of Wheaton, and Story,(h) he is under great obligations. To various writers on the European continent, and especially to the learned Pfeiffer, his acknowledgments are also due. He also desires to draw attention to the Spanish works of Abreu and Pando, particularly of the latter, with the contents of which he became acquainted, for the first time, during the preparation of the present volume for the press. An excellent essay by Mr. Hurd, an American jurist, on "Topics of Jurisprudence connected with Conditions of Freedom and Bondage," a sketch by M. van Hogendorp, a Dutch jurist, of the Dutch School of Jurisprudence founded by Grotius, some pamphlets on Maritime International Law, by Professor Wurm of Hamburg, and a new edition of Wheaton's "Elements of International Law" by Mr. Lawrence, a new edition by M. Demangeat of the "Droit International Privé" by M. Felix, must be hailed as valuable recent accessions to the library of the International Jurist. (h) I have acknowledged, p. 518, note (k), the kindness of Dr. Pratt, which has enabled me to incorporate a great part of his useful edition of "Story on Prize” into the present volume. CONTENTS. PART IX. The pages referred to are those between brackets [ ]. CHAPTER I. INTERNATIONAL RIGHT OF ACTION. Pp. 1-9. War, the Litigation of States. Measures viâ amicabili. Negotiation. Arbi- CHAPTER II. REPRISALS. Pp. 10-35. Fall short of War. Negative and positive. What Causes justify Letters of CHAPTER III. EMBARGO. Pp. 36-66. What it is. Of two Kinds, Civil and Belligerent. Childs v. Sands. The CHAPTER IV. WAR. Pp. 67-74. What Characteristics it ought to combine. Is an International Right of Action WAR-DECLARATION OF, UNNECESSARY. Pp. 75-102. On this Point the Authority of Jurists, the Practice of Nations, and the Rea- HOW WAR AFFECTS THE RELATIONS OF ALL STATES. Pp. 103-136. Effect of War upon Subjects. Recall of Subjects. Effect of War upon Enemies. WAR-INTERCOurse between ENEMIES DURING. Pp. 146-200. Belli Commercia. What they are. Case of Captain Asgill. Case of Major André. French Practice at the beginning and at the End of the War of the French Revolution. Ransom. Cartel. General and particular Conventions. Truce. Capitulation of Genoa, 1844. Case of the Ships taken at Genoa. Law of Capitulation respecting the Act of a Commander done upon his own Responsibility, and without specific Instructions from his Sovereign. Case of Thorshaven and its Dependencies. International Tribunals. Booty and Prize. Distribution of Booty. Booty not triable in the court of Law. Case of Le Caux v. Eden. Practice of East India Company respecting Booty. WAR-EFFECT of, upon NeutRALS. Pp. 201-237. A Neutral State neither Judge nor party. Enlistment of Troops in Neutral NEUTRAL-RIGHTS AND DUTIES OF. Pp. 238-297. Affair of Doctrine of Free Ships Free Goods, Enemy's Ships Enemy's Goods. Berlin and Milan Decrees. As to Free Ships Free Goods. Treaties from 1642 to 1713. First Armed Neutrality of 1780. Second Armed Neutrality, 1800. Treaties from 1801 to 1854. Waiver of Belligerent Right by England in War COLONIAL AND COASTING TRADE. RULE OF 1756. Pp. 298-314. Opinions of Jurists as to. Leading Cases decided in English Prize Court. |