The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-09-06

shown by Mr. w. 10 have been not positive code
but mere collection Of the usages recognized .u
practice by the maritime States Of the Mediteranc
an during the 18th century. According to this com
pation, everything belonging To an enemy, aud
wherever found, was considered as lawful booty.
According to this principle, the goods OF an enemy
taken on board the ships of friend were confscacd
prize of war, whilst the goods Of friend taken 10
the ships Of air enemy were restored to the proprie
tor Such continued long afterwards TO be the com
mon maritime law OF nations except SO far as oeca-
sionally modified by special convention. When and
how the belhgerent right Of search to be esta.
bllshed as means for giving effect to the right Of
capturing enemy's property in the ships Of friend
does not clearly appear The Consulate is silent on
the subject but II would seem TO have been some
how or other connected with such claims as that of
the British crown TO the sovereignty of the neighbor
ing seas which was never acknowledged by France,
and gave rise to frequent and bloody wars between
Great b,iain and Holland, both under the English
commonwealth and undc, hNO ssluarl aug. T'a
same also applied TO prevent the carrying
of contraband TO AN enemy, and TO enforce tie
blockade OF his ports as against neutral commerce.
What commodities to be considered as contra
band became, during this period the subject of fire.
quent and fierce controversy, especially between
England and the Baltic powers, the former insisting
on including in the list Of conlraband, naval stores
corn and provisions, whilst the latter sought TO
strict il to munitions of war actually wrought into
the shape Of military weapons.
| The conventional law OF nations, as arising from
treaties on the other hand constantly tended to lin
it these extreme rights of war, and 10 establish the
rule that free ships make free goods that the lit Of
contraband should be restricted to military weapons
and that the declarations of blockade should be ac-
companed by an actual investment, SO as TO render
it dangerous to enter the blockaded port. The max
i'm of free ships free goods generally coupled with tie
correlative maxim of enemy ships, enemy goods,
recognised in almost perpetual succession of trea
ties, from the treaty of the Pyrenees between France
| and Spain in 1859, to that Of Utrecht l7i2 The
practice of the Courts of Admiralty, and the prize
ordinances of almost every maritime State, were du-
ring the same PERIOD founded on the opposite max
| inns Of the Consulate del Mare.
This first period Of the authors historical deduc
tons is closed by examination of the pretension Of
Great Britain 10 right Of sovereignty over the four
seas which surround her islands, and Of Denmark TO
that of the Sound and the Baltic, under which last
claim tribute still continues to be levied by the Da
nish Government foreign navigation passing in
and out of the Baltic sea. Those who seek for accu
rate Information these important subjects will be
amply gratifed by the funess and precision Of the
details contained in this part of Mr.. WIS work.
| ITO be continued