The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-01-21
be "Wheaton's Elements of International

to be Wheaton's Elements of International
Law" We quote a few sentences applicable.
sThe progress of civilization has slowly, but con-
stantly, tended to soften the extreme severity Of
operations Of war by land but it still remains IN
relaxed In respect to maritime warfare, In which the
private property of the enemy taken at sea or afoat
in port, (the enemy's) is Unfortunately liable to
capture and confscation."
The maritime territory Of every state extends to
the ports. harbors. bays, mouths of rivers, and adj
jaeent parts of the sea inclosed by headlands, be-
longing to the same state. The general usage of
nations superadds to this extent of territorial iuris-
dietion, o distance Of a marine league, (by English
and American measurement three miles) or as far as
q cannon shot will reach from the shore, along the
coasts of the state. Within these limits, its rights Of
property and territorial jurisdiction are absolute, and
exclude those of every other nation"
"The unlawfulness OF belligerent captures, made
within the territorial jurisdiction of a neutral state,
is iRcontestably established on principle. usage, and
authority"
In regard to the national character of a ship
covering the goods which she carries, the generally
acknowledged rule of international law, that
enemy's goods in neutral vessels are liable to
capture and confscation, has been uniformly
enforced, except as to such powers with whom
the United States Government have treaty stipu-
lations, establishing between the contracting
powers the rule that free ships make free goods.
But the generally received principle is, that it
there is any doubt as to the real nationality of a
ship; the flag that she carries is to. be deemed
only a prima facie evidence in deciding that ma
tionality. Article IA of the Treaty between this
Government and that of France, ratified Sept. 8,
1858, is sufficiently explicit and guarded on this
point. After stating what shall be requisite, to
the nationality of a French vessel, the Article
continues
SIN like manner all the vessels constructed within
the territory of the Hawaiian Islands, or nationalized
| agreeably to Hawaiian laws, shall be considered Ha-
waiian vessels, provided always that the captain and
three-fourths of the crew be Hawaiian. The owner
or the owners of said vessels shall have to prove the
same nationality only in the same proportions as
those required by the Hawaiian laws.
'sIt is besides agreed that every French or Ha-
waian vessel, in order to enjoy, under the above
conditions, the privilege of its nationality, shall be
furnished with a passport, license to sail, or register,
the form Of which shall be reciprocally communicated,
and which being certified by the authorities compe-
tent to deliver the same shall show !:
81. The name, the profession and the residence in
France, or in the Hawaiian Islands, of the owner,
expressing therein that he is the only owner, or #
there are several owners, stating their number and
what share each of them possesses.
$50. The name, the dimensions, the burden, and
in short all the peculiarities of the vessel which may
distinguish her as we'll as establish her nationality.
In case of any doubt in regard to that nationality
that of the owner, of the. captain and of the crew
the consuls or consular agents of either of the two
countries to which the vessel may be destined shall
have the right to require authentic proofs before
visipg the papers on board, but this to be without any
expense to the vessel - g. 5Ft fNs