PREFACE TO THE SECOND EDITION.

AT a time when men's minds are agitated by the question whether England will be forced to declare war, it appears to be opportune to bring out a second edition of this work, dealing as it does with the question how far England can make war, in case she should declare it, under the enormous disadvantages inflicted upon her by submission to the Declaration of Paris.

That by this Declaration a serious loss of power has been imposed upon the country has now been admitted even by those who approve of it on some other grounds. To exhaust all the questions that may be raised around this point has not been my

iv

object; but I have endeavoured to lay down the principles of public law and to summarise the facts affecting it, as well as to indicate all the sources whence fuller facts and arguments may be derived by those who still care to inquire whether the power of England at sea has or has not been diminished, and whether it is or is not of any importance that that power should be regained. T. G. B.

CEEVLE LODGE,

HYDE PARK GATE.

27th March, 1878.

iii

PREFACE.

THIS work embodies an attempt to summarise the arguments bearing on the right of search for and the seizure and confiscation of enemy's property found on the high seas in time of war. The arguments scattered through the writings of the publicists have been in a succinct manner collected, collated, and set down, together with such as have elsewhere been produced; and to these have been added, it is hoped, some which, being new and so far without better authority than that of the author, are presented diffidently. In addition to this some documents are given,