ing out of war. They have come as friends on the faith of the nation which has admitted them, and on the faith of the continuance of the natural state of amity which existed when they came; they are entitled to depart as friends, and to reach a place of safety before a hostile attitude is assumed against them.

1275. The right of continuous residence is not guaranteed, for a nation cannot with safety permit her enemies to reside within her bounds, and the presumed knowledge of this qualifies by inference the permission of foreigners to enter the land. Such residence is however sometimes allowed under such surveillance and conditions as the dominant country may deem sufficient to secure it from the possible machinations of her foes.

1276. And as he who came in peace is entitled to a reasonable opportunity for the withdrawal of his person, so he who, in time of peace, had come with, or sent his ships, his merchandise, or other goods into, or purchased them in, a country not his own, is on the same principle entitled to a reasonable opportunity for the withdrawal of his ships, merchandise, and other goods.

1277. His right of withdrawal is, not simply from the margin of the land becoming hostile, but into his own country, or such convenient port as he may select. He is entitled to the reasonable opportunity of placing himself and property in a place of safety; that allowed, no more is required from national faith, as to his person or goods capa

ble of removal.

1278. When a nation permits foreigners to purchase land or permanent interests in land, or to become creditors upon its government or subjects, or to acquire any interest irremovable in time of war, such permission entitles all who have made such purchases, become such creditors, or acquired such interests, to place them under the ægis of the national faith, and to retain the right to them throughout, and to reclaim them after the termination of the war. And although

an enemy cannot personally reside on or possess his landed estate, recover his debts, or enjoy such other irremovable interests while the war rages, he is entitled to resume and recover them on the return of peace. However, the nation in which the property remains has not, by permitting the ownership, taken such property under her especial care. It may perish for want of protection, but it must not be taken or destroyed.

1279. The time to be allowed for the owner's withdrawal is reasonable time to collect the removable property under his actual control, to unload the cargo with which his vessel is freighted for delivery, to take the ready goods or cargo on board, to wait a reasonable opportunity and a wind necessary for sailing, and time to pursue his course without affront to. the first friendly port of his destination or choice.

1280. Moreover, the ship which has sailed for it in the time, and on the faith of peace, is entitled to safe passage, and to enter that now hostile port, to deliver her cargo, and to take on board what is ready, and to depart from it unmolested, as if she had been there on the eruption of war.

1281. And while the foreigner who has come in time of peace remains in the enemy's country, he is safe from private aggression. Neither he nor his property can be taken, except under the public authority; he may safely depart with his vessels and his goods, until the government or its officers interpose; and until the sovereign has so ordained, his vessel ought not to be captured even by the public ships.

1282. The moveable property left on the breaking out of war in a hostile country continues to belong to its owner, although he has become an enemy and departed the realm; it may want adequate protection, but no one has a right to touch it; and his it remains until the return of peace, then he may come and reclaim it, unless it is confiscated by the government of the country in which it remains, that is, confiscated at the instance of the state by the sentence of a

competent tribunal, and, it should be added, on justifiable grounds, not merely because it is an enemy's property under the safeguard of national faith. The sentence of confiscation by such a court however concludes all claim, and confers an incontrovertible right on him who derives title under it.

1283. The ship of an enemy which had arrived in England in peace, and not departed within the time limited by the Order of Council, has however been excluded from the protection of the law, and regarded as proper prey; for it was held in the prize court, that any subject, though not commissioned, might seize a ship belonging to an enemy, but that it did not become his prize. (Emilia.) And it has been said in an English prize court, more in accordance with the practice of the court than with law and honour, that no doubt could exist as to the right of any person to seize an enemy's property found in this kingdom, unless protected by royal licence, and to bring it to that court for adjudication for the Crown. Johanna.

1284. The want of a sufficiently general recognition of these laws often leads to great inconvenience, more especially to the merchant. Were they generally accepted, the foreigner might dwell in security, and commerce might be conducted with confidence, until the knell of the tocsin of war. The sacred right of withdrawal is sometimes recognized in treaties prescribing the period during which it shall be enjoyed. In the absence of such treaty, and sometimes from want of confidence when it exists, the warring nations inflict reciprocal injury by detaining the persons, ships, and property of the adversary, until they ascertain what he means to do; and that determination is sometimes decided by supposed interests rather than respect for international honour and the observance of international law. Whea. 369–375. Santa Cruz.

1285. England, as well as the other European nations which had the least pretensions to the character of commercial, from an early period recognized to some extent this right of the safe departure on the breaking out of war;

indeed, without some protection in this respect, commerce would not approach the coast.

1286. An enemy, residing in a belligerent country, under licence or other proper authority, is under the protection of, and entitled to appeal to, her laws, in the same manner as an alien friend; and in an action or suit in the English courts of law or equity, the right to reside and to sue is assumed, unless alienage is pleaded.

1287. The English prize court requires an enemy claimant to state in his affidavit the special circumstances which entitle him to sue. It will however allow him to amend the omission of this statement if he can. Troija.

1288. The course adopted reciprocally by the Ottoman Porte, Great Britain, and France, on one side, and Russia, on the other, on the outbreak of the Crimean contest, was a considerable advance towards civilization in war.

1289. At the commencement of hostilities in 1853, the Ottoman Porte, instead of adopting the ancient practice of embargo, granted the Russian ships sufficient time to repair to their destination, and agreed not to oppose the free passage of merchant ships of friendly nations through the straits of the Black Sea.

1290. In October, Russia, in consequence, granted the Turkish vessels in her ports liberty, until the 22nd of November, to return, and if loaded before that time on neutral account, to proceed with their cargo to the port of their destination. On the 27th of March, 1854, France, and on the 29th, England, by proclamation, granted six weeks from the date, for Russian merchant ships to unload and load and to quit, whether then in a French or English port or on their voyage towards it, having commenced their voyage previously to the declaration of war. If met at sea, they were to be permitted to continue their Voyage; contraband and officers in the military or naval service were excepted. On the 7th of April, England extended the permission to Russian ships from or to British India or her colonies.

Z

1291. On the 19th of April, Russia published a notice, allowing English and French vessels six weeks, from the 25th of April, to take on board their cargoes, and sail from Russian ports in the Black Sea, the Sea of Azof, and the Baltic, and six weeks from the opening of the navigation to leave the ports of the White Sea, with free passage to the place of destination, if their cargoes were on board within the prescribed periods. On the 15th of May, England extended the privilege to all Russian merchant vessels which had sailed from any port of Russia, in the Baltic, or the White Sea, for any British port before that day, and France granted a similar extension to such vessels as had sailed, destined to any French port. The privilege was not extended to Russian vessels destined to neutral ports.

1292. These declarations were simply in compliance with the law of nations, and the rights of the merchants, who had acted on the confidence that nations would do their duty and remain in peace, and that if they should think fit to quarrel, they would not confiscate, that is to say, rob them of, the property which, in the plenitude of commerce, and for the mutual enrichment of nations, had entered their ports.

1293. The prize court held that the privilege of protection extended to a voyage as continuous, although the vessel sailed in ballast, and took in her cargo at another port on her way to that of her destination. Argo.

1294. Such orders of the sovereign are to be construed most liberally in favour of the enemy, it is said, on account of their being relaxations of belligerent rights. (Phoenix. Franciska.) We quite agree that such orders, and that all relaxations of beligerent rights, ought to be construed most liberally; and further assert that it is due to national honour that such orders should be most liberally construed, for they are not relaxations of the sovereign's rights of war, but recognitions of the right of the enemies to withdraw in safety from the land they had entered in reliance on national faith.