its consent, in, or with the subjects of, the adverse nation. St. Lawrence.

1318. The question of inter-trading being one of policy, the two belligerents may entertain different views. Both may altogether or partially exclude the trades, or one may permit trade with the adversary, although the adversary may refuse to admit it.

1319. THE BELLIGERENT'S SHIPS.-The sovereign condemns to confiscation the merchant ship of his nation which, without his sanction, engages in trade with the foe. Such is the law of England. Hoop. Ocean Bride.

1320. He also confiscates the cargo on board her belonging to his subjects involved in such trade. But he ought not to confiscate the cargo of a neutral on board her; for the neutral is entitled to trade with his enemy, even contrary to his consent.

1321. A ship which after the outbreak of war sails to an enemy's port, and brings back a cargo, although purchased before the war, is guilty of trading with the enemy. (Rapid.) So is a ship which, with knowledge of existing hostilities, changes her course and brings a cargo from an enemy's port. Alexander.

1322. LICENCES TO TRADE or travel, and safe-conducts and passes also, are sometimes granted with a view to the advancement of science, or the mutual interests of the contending states. They are sometimes general, at other times limited to particular purposes. Whea. 382-475. Julie. Aurora. Ariadne. Caledonian.

1323. Such licences are to be carefully observed as to the times, persons, and places to which they are limited; in other respects they are to be construed liberally, and more so with reference to inconsiderable excess in quantity, than to difference in the kind of commodities to which they refer. They create in effect a suspension of war as to the ships, persons, and purposes to which they apply. Whea. 382, 475. 1324. ENEMY'S SHIPS.-The belligerent sovereign also

, confiscates the merchant ship of the enemy which without his licence engages in trade with his subjects, and the cargo of the enemy on board her. Indeed such ship falls under the general rule of confiscation.

1325. The principle of construction which regulates licences granted to his own subjects, applies to those which the sovereign grants to the enemy.

1326. On the outbreak of the war with Russia, the Queen of England issued the following declaration, dated the 15th April, 1854:-

"It is this day ordered, by and with the advice of Her Privy Council, that all vessels under a neutral or friendly flag, being neutral or friendly property, shall be permitted to import into any port or place in Her Majesty's dominions, all goods and merchandise whatsoever, to whomsoever the same may belong, and to export from any port or place in Her Majesty's dominions, to any port not blockaded, any cargo or goods not being contraband of war, or not requiring a special permission, to whomsoever the same may belong."

"And Her Majesty is further pleased, by and with the advice of Her Privy Council, to order, and it is hereby further ordered, that save and except only as aforesaid, all the subjects of Her Majesty and the subjects or citizens of any neutral or friendly state shall and may, during and notwithstanding the present hostilities with Russia, freely trade with all ports and places wheresoever situate, which shall not be in a state of blockade, save and except that no British vessel shall, under any circumstances whatsoever, either under or by virtue of this order or otherwise, be permitted or empowered to enter or communicate with any port or place which shall belong to or be in the possession or occupation of Her Majesty's enemies."

1327. TRADE BETWEEN THE ENEMY AND NEUTRALS. ENEMY'S SHIPS.-The merchant is naturally anxious to preserve to the fullest extent immunity from the perils and confiscations of war, and freedom from the visits of the cruiser

and the privateer, and contends that even if the subjects' of hostile nations are not to be permitted to traffic together, the peaceful ship of the enemy should not be interrupted in her intercourse with her neutral friends; that the neutrals have an interest in the subject; that they are entitled against each belligerent to say, "You shall not cut off this branch of our commerce."

This, then, is not a question simply between the belligerents, neutrals are interested in it. A neutral country may maintain only a passive commerce, importing and exporting entirely by the vessels of one of the countries involved in the war.

1328. It is said, too, that on the lands of the enemy there is no such confiscation of the property of the citizen who peacefully pursues his avocations. But the right of the merchant ship and private vessel of an enemy to traverse and convey its cargo and passengers over the sea, is not so free from difficulty or embarrassment as that of the peaceful inhabitants of a country occupied by the victor, to immunity for their lands and chattels. The latter right is founded on two distinct principles, of which the first and highest is the limitation of the extent of the right of war to what is necessary for the legitimate objects of war. The second is, that the victor having become the occupant, and as such the temporary sovereign of the country or district, is bound to treat the peaceful inhabitants as his subjects. The inhabitants of the conquered country have the benefit of both these principles; although in a former page we have relied only on the latter as abundantly sufficient to maintain their right. But the mariner and merchant traversing the waters has not the benefit of the second, inasmuch as he has not the title on which it is founded. He does not change even temporarily his allegiance on coming under the control of a hostile ship. His claim is to pass without change of allegiance from and to the ports of his own, and those of the neutral state. He cannot claim exemption from search,

because he may not under any circumstances carry munitions of war.

1329. The peaceful mariner has then to rely exclusively on the first principle, as matter of right. We shall have to advert to another as matter of policy, which may less strongly apply to some nations than to others.

1330. The first principle is sufficient under ordinary circumstances; but it is exposed to the extreme uncertainty of opinions, varying not only with the temper and notions of the men who have to decide upon it, but also in the opinions of dispassionate and impartial jurists as to the conditions which may necessarily and justly circumscribe and limit the right.

So long as men's minds are imbued with the inconsiderate bellicose and old prize-court notion, that everything is right and lawful which can in any manner distress, not only the military means, but in any direction the prosperity and happiness of the enemy, and all or any of his subjects, the right founded on the first principle, if acknowledged, is of little avail. But a wiser and more just generation will deal upon such sentiments the ignominy they deserve.

1331. We however will not attempt to conceal the difficulties which will at all times necessarily beset this right.

1332. The principal of these difficulties are the opportunity and temptation of clandestinely dealing in contraband and supplies of war, and of conveying information which may frustrate or embarrass the designs of the state. Articles which may not be prohibited to the neutral commerce as contraband or as inadmissible supplies, such as might in some degree prejudice the belligerent's action and enterprises, may be justly interdicted to his own subjects or those of the foe.

1333. These objections however do not apply to commerce between the belligerent and the neutral, even in the enemy's ships, with so much force as to the enemy's vessels frequenting the ports of the dominant belligerent, or passing from one to another of his own ports.

1334. POLICY.-The supposed interest of a nation is not admissible as an excuse for infringing a right, but it may prove an influential motive to maintain it.

1335. A powerful navy cannot exist without a large mercantile marine. The profit derived from capture must be contrasted with the losses which may be sustained. If the adversary's navy is feeble, his commerce can afford slender compensation for the injury which even a few ships of war, and those of the small and roving order, can inflict. If his merchant ships are many, his military capacity for mischief is proportionate. If the military and commercial fleets of the belligerents approach equality, their power of causing injury is on a similar scale. The prizes on either side can afford no compensation, even if given to the sufferers, for the losses which either endures. The result is, that all the military established for the process of plunder is an unprofitable expense; all the injury to vessels and merchandise, all the enormous charges of insurance, are only a reciprocal national waste. The trading vessels of each for the most part lie idle and rotting, while neutrals monopolize the carrying trade.

1336. And what is the value of the prizes when reduced by a glut in the market, while saleable only to neutrals, and the ports are crowded with unprofitable national ships? and how much is that value diminished by the deterioration and expenses of not the most careful custody, and the havoc of the courts of law? Nor is the distribution of the meagre residue calculated to increase the integrity of captors, it is a temptation to corrupt and mislead honourable men. Their rewards are slender, but the dignity of a nation were better consulted by a higher remuneration from the less burdened national purse for services braver and more noble than hunting down the defenceless merchant craft.

1337. According to the present practice of war, the belligerent confiscates every ship of the enemy which he captures beyond the waters of the neutral states.