HINTS TO GUIDE U. S. OFFICERS OF THE NAVY, IN WAR. 617

municipal or international law, prize courts may adjudicate, and condemn or acquit as prize; and, on condemnation, decree among the captors distribution of prize money.

These are matters for the judicial determination of prize courts, within their special jurisdiction; and should, therefore, be familiar to professional gentlemen, assuming to practice in such courts, if they desire either to do themselves credit or to be useful to those courts.

Having stated the substance of what originally seemed to be pertinent to be said on Prize generally, this treatise will now be concluded by subjoining the following

SUGGESTIONS FOR GENERAL DIRECTIONS TO GUIDE, IN SUDDEN EMERGENCIES, THE OFFICERS OF THE NAVY OF THE UNITED

STATES.

The foreign relations, through treaties, subsisting between this, and other states, may be ascertained by consulting those treaties now in force.

The United States have entered into treaty stipulations with the following nations, namely: Great Britain, France, Russia, Prussia, Austria, Spain, Italy, Netherlands, Portugal, Switzerland, Norway, Sweden, Denmark, Turkey (Ottoman Porte), North Germany, Naples, Algiers, Tripoli, Tunis, Morocco, Hanseatic Towns, China, Japan; the South American Republics - Chili, Peru, Colombia, Venezuela, Brazil, Central America, Mexico.

The customary Articles inserted in Treaties are:1. The peace and amity clause.

618

TREATIES, THEIR CUSTOMARY CLAUSES.

2. The most favored nations clause.

3. Mutual benefit of trade and residence assured clause.

4. Equalization of duties on vessels and cargoes

clause.

5. Characteristics of national vessel clause.

6. Imports and exports on reciprocal footing clause. 7. Respective citizens of each to manage their affairs clause.

8. No detention of vessels without indemnification clause.

9. Asylum and refuge to respective parties clause. 10. Captures by pirates to be restored clause. 11. Mutual assistance in shipwreck to be rendered clause.

12. Disposition of real and personal estate clause. 13. Protection afforded to persons and property clause. 14. Liberty of conscience and right of burial clause. 15. Flag reciprocally to protect property and persons clause.

16. Naturalization or,

17. Citizenship clause.

18. Neutral property, under enemy's flag, seizable clause.

19. Freedom of trade and commerce in all but contraband goods clause.

20. Mode of proceeding, in case of contraband found clause.

21. Blockade clause.

22. Visitation and search at sea clause.

23. Sea-letters, etc., to be supplied in war clause.

24. Vessels under convoy to pass on word of commander clause.

RECIPROCITY THE BASIS OF U. S. COMMERCIAL SYSTEM. 619

25. Prize courts only to adjudicate prize questions clause.

26. No letters of marque to be issued from enemy clause.

27. Merchant's privileges in case of war clause.

28. Debts not confiscable in case of war clause.

29. Privileges of public ministers clause.

30. Consuls received, upon exhibit of credentials clause.

31. Consul's privileges clause.

32. Apprehension of deserting seamen clause.

33. Consular convention to be formed clause.

34. Duration of treaty-term ten or twelve years clause.

In 1817, March 1st, the United States inaugurated its own commercial system, based upon a perfect reciprocity; whereby vessels of foreign nations were to enjoy the same privileges and immunities as American vessels.

By mutual treaty stipulations, such privileges were accorded to Russia, Sweden, Norway, Denmark, Prussia, Netherlands, Belgium, Hamburg, Bremen, Lubec, Sardinia, Genoa, Austria, Venezuela, Oldenburg, Central America, Muscat, Greece, Mecklenburg, Schwerin, Turkey, Peru, Bolivia, and Granada.

To Mexico, Colombia, Brazil, Chili, was accorded, for their vessels, the same tonnage duties as on American vessels; the same duties on British vessels from Europe as on American vessels; and none at all were imposed or to be exacted from Portuguese and Spanish vessels.

After the general adoption of the United States commercial system of reciprocity, power was given to the President, in 1823, to suspend or discontinue discriminating duties on all foreign vessels, provided none were

620 NAVIGATION LAWS IN 1826; MR. HUSKISSON URGES CHANGE.

imposed by their respective governments on American vessels.

And this led ultimately to the practical abrogation of the British navigation laws, first enacted by Cromwell, adopted by Charles, and continued until May 12, 1826, when Mr. Huskisson made his masterly and candid statement concerning these laws; and which was approved by Lord Liverpool, to the effect, that they were designed originally,—

1. To stimulate the industry of the country by the fisheries.

2. To secure the coasting trade of the British Isles. 3. To secure the European trade.

4. To secure the Asiatic, African and American trade; and,

5. To secure the British colonial trade in her distant possessions; and this fair exposition by Mr. Huskisson led at once to a modification; circumstances then justifying and requiring a change.

In order to enable naval commanders and other offcers to perform their duties as representative belligerents, strictly and intelligently towards neutrals, in time of war, the following suggestions are offered, in the shape and form of general provisional directions; and which, if sanctioned and adopted by the proper authority, would render the line of conduct, to be pursued by naval officers towards neutral ships, as easy as plain sailing:

First. Officers of a belligerent state, on the breaking out of war, should forthwith make themselves familiar with the cause, object, and purpose of the war, especially in reference to the parties engaged in hostilities; unless they should be seasonably informed thereof by special official instructions.

PRELIMINARY PREPARATION FOR COMMANDERS.

621

Second. Such officers should particularly inform themselves of the precise relation which each belligerent holds in regard to neutral nations generally; or toward any particular neutral nation, especially if it be a commercial or maritime power.

Third. They should, at an early day, provide themselves with the best and most authentic means of studying the general rules and principles of international law, applicable to the existing political relations of their own country toward all other powers, friendly or neutral, allies or belligerents, if likely to be involved.

Fourth. In the absence of all special instructions, they should make themselves masters of the municipal regulations and general policy, likely to be prescribed or about to be pursued by each belligerent, as well as the avowed position or policy intended to be taken and pursued by neutrals.

Fifth. They should carefully peruse the treaties existing between the belligerents, and duly ascertain how far hostile relations may have qualified, suspended or abrogated all or any specific articles which are contained in such treaties.

Sixth. They should also ascertain and well understand, to what extent existing treaties between nations, neutral or not hostile, may be qualified, suspended or abrogated, or have virtually qualified, suspended or abrogated any of the general rules of international law.

Seventh. They should prescribe for themselves, what may be the most prudent general course of conduct to be pursued on the high seas, in case of the interception of neutral vessels, for arrest, visit, or search; or of belligerent vessels for the purpose of seizure or capture as prize of war.