ÆäÀÌÁö À̹ÌÁö
PDF
ePub

The Ordinance of Louis the Fourteenth is quoted from the edition published with a most learned and valuable commentary by Valin in two volumes quarto at Rochelle in the year 1766, and is cited by the name of the French Ordinance. An English translation of the whole of this Ordinance is contained in a book called, "A general Treatise of the Dominion of the Sea, and a compleat Body of Sea Laws," published in quarto in the early part of the last century. The translation is divided into sections, and not like the French of Valin into books and titles; but the subjects and articles of the sections in the English are the same as those of the titles in the French; and as the latter are always cited in the notes to this treatise, recourse may be had to the English translation with very little difficulty. If the reader should be offended at the frequent references to this Ordinance, I must request him to recollect that those references are made to the maritime code of a great commercial nation, which has attributed much of its national prosperity to that code: a code, composed in the reign of a politic Prince; under the auspices of a wise and enlightened Minister; by laborious and learned persons, who selected the most valuable principles of all the maritime laws then existing; and which in matter, method, and style, is one of the most finished acts of legislation that ever was promulgated.

The writings of some foreign authors are also occasionally cited; particularly the Notabilia of Roccus, and the treatises of Pothier and Emerigon. The Notabilia of Roccus are an abstract of the most useful points contained in the works of earlier authors, and in the Digest and Code of Justinian. Where this author is cited generally

[graphic]

the reference is to the Notabilia de Navibus et Naulo. The treatises of Pothier are remarkable for the accuracy of the principles contained in them, the perspicuity of their arrangement, and the elegance of their style. The treatise of Emerigon is peculiarly valuable for its extent of learned research, and the numerous and apt citations of the texts of the Civil Law and of the Marine Ordinances, the opinions of former writers, and the adjudications of the Courts of Justice of his own country, which are to be found in every part of it.

It should be observed, however, not only of all these treatises, but also of the Civil Law, and the Ordinances, without excepting even the Ordinance of Oleron (which, being considered as the edict of an English Prince, has been received with peculiar attention in the Court of Admiralty), that they have not the binding force or authority of law in this country; and that they are here quoted, sometimes to illustrate principles generally admitted and received; sometimes to shew the opinion of learned persons, and the rule adopted in maritime nations upon points not hitherto settled by the authority of our own law; and at other times to furnish imformation, that may be useful in our commercial intercourse with foreign states.

In the composition of this treatise my object: has been rather to arrange and illustrate principles, than to collect the decisions of Courts or the Acts of the legislature. The cases therefore are, with a few exceptions, stated in a concise manner; and the clauses of Acts of Parliament are abridged, whenever an abridgement seemed likely to be as satisfactory to the reader as a transcript. Of the institutions of written law

[ocr errors]

.

the precise words are often necessary to a right understanding of the intention of the lawgiver. I should have saved myself much both of time and labor, if I had copied more and abridged less. There are few reported decisions of our Courts of Justice, from which some useful principle may not be extracted; and I have therefore searched the books of reports with much assiduity. Nevertheless I am apprehensive that some valuable cases may have escaped my attention; and I shall feel myself greatly indebted to any one, who will point out to me such omissions of this kind, as may fall under his notice, or acquaint me with any other defects or errors, that he may observe.

Relying on the kindness of those, who may peruse the book with a friendly disposition to its author, and the candor of those, who may look into it for the sake of information alone, I now offer it to the Public, and to the Profession of which I am a member, with a sincere desire that it may be found useful to both.

C. ABBOTT.

Inner Temple, Jan. 25th, 1802.

ADVERTISEMENT.

THE work of Mr. Abbott, which is now reprinted, has acquired a deserved reputation for accuracy and extent of information. The subject is equally interesting to the lawyer and the merchant; to the statesman and the private gentleman. Whoever wishes well to the commerce of our country: whoever wishes to comprehend the advantages resulting from the timely patronage of government in maritime concerns: whoever wishes to learn the ancient as well as the modern systems of commercial monopoly or free navigation, will not rise from the perusal of this work without receiving light and instruction.

In preparing the present edition, the object of the editor was to collect cases and principles which have been discussed or settled in the courts of the United States, relative to the law of shipping. Sometimes he has contented himself with a bare statement of the point; at other times he has stated the facts and the opinions of the court at large. The importance of the question, or the ability with which it has been investigated, have been his general guides in this particular. Generally the foreign authorities quoted have been stated as he found them in the Reports. In a few instances, however, he has recurred to the originals within his reach, in which he includes Valin, Emerigon and Straccha. He aspires to no other claim than that of an accurate selection from the labors of others. He wishes to be con

B

[graphic]

sidered as in no instance expressing his own opinion; but as barely pointing out the path marked by judicial decisions or explored by elementary

writers.

In some few cases, he has added English authorities which were not noticed by Mr. Abbott, or have been published since the last edition of his work.

Salem, A. D. 1810.

« ÀÌÀü°è¼Ó »