In 1841 England made treaties on the subject with Austria, Prussia, and Russia, confirmed by statute 6 & 7 Vict. c. 50.

In 1849 the English made a treaty for the suppression of slavery with Syed Syf ben Hamood, chief of Sohar, in Arabia, confirmed by 16 Vict. c. 16.

In 1851 the English made a treaty with the republic of New Granada, confirmed by statute 16 Vict. c. 17.

In 1853 the English made a treaty with certain chiefs of the Sherbro country, near Sierra Leone, confirmed by statute 18 & 19 Vict. c. 85.

On the 7th of April, 1862, the English made a treaty with the United States of America, confirmed by statute 25 & 26 Vict. c. 40.

In fact, England has made treaties on this subject with almost every emperor, king, republic, prince, emir, sheik, and other petty potentate in the world. See 1 Phil. 318-334; Whea. 186, 192; and the almost annual volumes of Hertslet, in which these conventions are contained.

1114. By some of those treaties modified co-operation of the contracting parties in the suppression of the slavetrade is stipulated, and joint modes of action are prescribed; the English have endeavoured to obtain, but other nations have been unwilling to concede, the unlimited right of search. The countries against which it was formerly exercised by the English and French remember, that one of the greatest perils of the mariner was this right of search, and deem even protection against the pirate too dearly purchased by the concession of that right.

1115. Although a country has prohibited the slave-trade, and granted to another country the right of search, it is not competent for the tribunal of the country to which. that right is conceded to condemn a slave-ship as prize, at least, unless both her own law and the treaty subjects her to confiscation. Antelope.

CHAPTER VI.

SMUGGLING.

THE unlawful dealing in goods prohibited or subjected to duties by the revenue laws.

1116. According to the general laws of commerce, every man of every nation has a right to buy and sell his goods from and to whom and where he will, and to convey them to or from the port of his own or any other nation. But every nation has the right of levying for its exigencies on its own subjects, and all persons who come within its dominions, such taxes and other duties as it may deem necessary, and in such manner as it may deem meet. Foreigners therefore within the nation are liable to its revenue laws. But no country concerns itself about the revenue of any other, or its mode of collecting or enforcing its customs or taxes, except so far as may be expedient for its own commerce, and as may be stipulated by mutual conventions.

1117. In the absence of such convention, no foreign country aids another in enforcing its revenue law.

1118. The violation of revenue law is not a breach of the law of nations, nor is it the breach of the law of nature; it is immoral only inasmuch as it is an offence against the law of one's country, which every man ought to obey, but it is liable to no punishment, except that which the law prescribes. It is, then, in every nation the subject of its own municipal, and of no other law.

1119. Although the mariners of each of the opposite countries are entitled to the convenient use, for navigation, of the whole breadth of the channel of narrow straits and seas, the vessels of the one navigating within that portion which constitutes the marine territory of the other, are sub-, ject to its revenue laws, as indeed are the ships of any country within the waters of a foreign state.

1120. As a general proposition, no vessel on the open sea is liable to search, by the ship of any nation except her own, on the suspicion of offence against the revenue laws.

1121. Nations however claim, and to some extent concede, to each other a degree of jurisdiction on the sea beyond the presidial line, for the protection of their revenue. The United States asserted such a jurisdiction by the Act of Congress of 2 March, 1799, the English by the hovering Act, 9 Geo. II. c. 25; and by the 16 & 17 Vict. c. 107, the English assumed to deal with vessels on the open sea, in a mode which, except so far as it is warranted by treaty or acquiescence, is, with respect to foreigners and their property, hardly reconcilable with international rights.

1122. This Act is, with the 23 Vict. c. 22, and 25 & 26 Vict. c. 63, a consolidation of the law relative to the customs, and contains numerous provisions, in no less than sixty-four sections, for the prevention of smuggling. We have space only to refer very briefly to the more material of those which particularly affect the conduct of the ship.

1123. Vessels and boats not exceeding 100 tons are placed under the regulation of the Commissioners of Customs, as to their tonnage, build, and description, the limits within. which they may be employed, their mode of navigation, the arms they may carry, and various other particulars (s. 199207). Such vessels, if used in the importation, removal, or conveyance of uncustomed or prohibited goods, are liable to forfeiture (s. 203), as are all vessels, belonging wholly or partly to British subjects, having false bulkheads, false bows, or other places in which goods can be secreted, or devices for running goods (s. 208).

1124. This Act declares liable to forfeiture any ship or boat, wholly or in part belonging to a British subject, or of which half the persons on board are British subjects, found to have been within four leagues of the coast, between the North Foreland and Beachy Head, or eight leagues of any other part of the United Kingdom, and any foreign ship or

boat having a British subject on board, within three leagues of the coast of the kingdom, or any foreign ship or boat within one league of the kingdom, or any ship or boat within one league of the Channel Islands, having on board spirits, tea, tobacco, or certain other specified articles liable to duty, in such small cases or parcels as therein mentioned; also vessels of the like description, of the cargo of which any part is thrown overboard to avoid seizure; and also all vessels arriving in the ports of the kingdom having prohibited goods on board (ss. 212, 213, 216).

1125. This Act also declares forfeited any ship or boat, wholly or in part belonging to British subjects, or of which half the persons on board are British subjects, which, within 100 leagues of the coast of the United Kingdom, on the signal from a vessel of war or the Revenue service, does not bring-to, and if, being chased, any part of her cargo is thrown overboard or destroyed; and it declares that all persons escaping from the vessel during the chase shall be deemed British subjects, unless the contrary is proved (s. 217). And ships of war and of the Revenue service are authorized, after exhibiting a proper pendant and ensign, and firing a signal-gun, to fire upon any such ship as shall not lie-to for the purpose of search (s. 218). Any persons shooting at any vessel or boat of the Navy or of the Revenue service within 100 leagues of the kingdom, or maliciously shooting at, maiming, or wounding any officer of the Army, Navy, or Marines employed in the prevention of smuggling, or any officer of the Customs or Excise, is declared guilty of felony (s. 249). Ships and boats employed in the removal of goods liable to forfeiture are declared forfeited (s. 219).

1126. The officers of the Army, Navy, Marines, and Preventive Service, are authorized to search any ship in a British port for uncustomed goods (s. 219).

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CHAPTER VII.

THE LAWS OF WAR.

1127. We now approach the miserable and desolate region of war. The sunshine of peace still lingers upon the devoted countries, but black clouds are lowering, and throwing their shadows across them. Two mighty nations are gathering their strength. The hills are white with tents, and glittering with the panoply of battle. The drum and the clarion sound through their limits, calling the myriads to their standards. The roar of the engines, and the noise of the hammers, inform us that the arsenals are in fast and hurried employment. The ships are stealing by ones and by twos into the harbours, where hundreds are already assembled, or steering forth in squadrons suspiciously to unknown destinations. There is still menace, protest, asseveration. The buccaneer captains are calculating their resources, arming their fast schooners, collecting their ruthless retainers, preparing for murder and rapine with commission or letter of marque, or without. The citizens and husbandmen of the angry countries, and the merchants of the peaceable nations, in groups and in councils, in amazement and pale consternation, inquire when havoc will begin? what are the rights of neutrals ? what are the laws of war? how the bristling belligerents will accept them? and how even their version will be observed ? what will be the limits of ravage, of carnage, and conflagration? what the pretences. for capture and plunder? whether their ships and cargoes will be confiscated, or whether they will only be sold to pay the costs of acquittal, and the expenses of detention ?

1128. What are the laws which are to insinuate themselves in whispers while the cannon are thundering around them?-especially, what are those laws so far as they regard the wanderer upon the sea?