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Law berty of commerce is conformable to perfect natural 

 of Nations. r jght. 



""""V"*' Generally speaking, the commerce of Europe is so 

 far free that no nation refuses positively and entirely 

 to permit the subjects of another nation, when even 

 there is no treaty existing between them, to trade with 

 its possessions, in or out of Europe, or to establish 

 themselves in its territory for that purpose. A state 

 of war forms here a natural exception. However, as 

 long as there is no treaty existing, every state retains 

 its natural right to lay on such commerce whatever re- 

 striction it pleases. A nation is, then, fully authorised, 

 Jtrst, To prohibit the entry or exportation of certain mer- 

 chandises. Second, To institute customs, and to aug- 

 ment them at pleasure. Third, To prescribe the 

 manner in which commerce with its dominions shall 

 be carried on. Fourth, To pointful the places where 

 it shall be carried on, or to exempt from it certain 

 parts of its dominions. Fifth, To exercise freely its 

 sovereign power over the foreigners living in its terri- 

 tories. Sixth, To make whatever distinctions between 

 the nations with whom it trades it may find condu- 

 cive to its interests. 



Necessity 3- The mere general liberty of trade, such as is 

 of treaties acknowledged at present in Europe, being too vague 

 of com- to secure to a nation all the advantages that it is neces- 

 raerce. sarv jt should derive from its commerce, commercial 

 powers have been obliged to have recourse to treaties 

 for their mutual benefit. The number of these treaties 

 is considerably augmented since the sixteenth century. 

 However they may differ in their conditions, they turn 

 generally on these three points : First, On commerce 

 in time of peace. Second, On the measures to be pur- 

 sued with respect to commerce and commercial subjects 

 in case of a rupture between the parties. Third, On 

 the commerce of the contracting party that may hap- 

 pen to remain neuter, while the other contracting par- 

 ty is at war with a third power. 



Theory of * With respect to the first point, the custom is : 

 treaties of First, To settle, in general, the privileges that the con- 

 commerce, trading powers grant reciprocally to their subjects. 

 Second, To enter into the particulars of the rights to 

 be enjoyed by their subjects who shall reside on the 

 territory of the other power, as well with respect to 

 their property (particularly in regard to imposts, con- 

 fiscation, sequestration, &c. ) as to their personal rights. 

 Particular care is usually taken to provide for the free 

 enjoyment of their religion ; for their right to the be- 

 nefit of the laws of their country ; for the security of 

 .their books of commerce, &c. Third, To mention spe- 

 cifically the kinds of merchandise which are permitted 

 to be imported or exported, and the advantages to be 

 .granted relatively to -customs, tonnage, &c. 



With respect to the rights and immunities in case of 

 a rupture between the contracting parties, the great 

 objects to be obtained are : First, An exemption from 

 seizure of the person, or effects, of the subjects resid- 

 ing in the territory of the other contracting power. 

 Second, To fix the time that they shall have to remove 

 with their property out of the territory ; or to point 

 out, Third, The conditions on which they may be per- 

 mitted to remain in the enemy's country during the 

 war. 



lit specifying the Tights of commerce to be enjoyed 

 by the neutral power, it is particularly necessary, First, 

 To exempt its vessels from an embargo. Second, To 

 specify the merchandises which are to be accounted 

 contraband of war, and to settle the penalties in case 



of contravention. Third, To agree on the manner in I.air 

 which vessels shall be searched at sea. "Fouith, Tosti- of Nations. 

 pulate whether neutral bottoms are to rnykc neutral S ~"Y"~ P ' 

 goods or not, &c. 



5. Sometimes nations permit, either from custom or Of consuls. 

 treaty, other nations to send consuls into their territo- 

 ries. We find instances of this as far back as the 12th 

 century, when some states began to establish, at home, 

 judges whose particular function it was to decide on 

 matters purely commercial, and to whom was given 

 the name of consuls. In process of time, some of the 

 powers stipulated, in their treaties with the Mahome- 

 tan and Pagan states out of Europe, fijr the right of 

 sending consuls into those states to watch over the 

 interests of their subjects trading there, and to judge 

 and determine on differences arising amongst them 

 touching commercial affairs, and sometimes even others. 

 Following these examples, the Christian powers of Eu- 

 rope began, in the fifteenth century, to send consuls 

 into each other's territory ; but even at this day, the 

 custom of receiving them cannot be looked upon as 

 universally established. Besides, the rights of these 

 consuls, where they are admitted, differ very widely 

 in different states. Almost all the consuls who are 

 sent out of Europe, exercise a pretty extensive juris- 

 diction over the subjects of their sovereign. In Eu- 

 rope, there are some places where the consuls exercise 

 a civil jurisdiction, more or less limited, over their fel- 

 low subjects residing there ; in others, they can ex- 

 ercise no more than a voluntary jurisdiction ; and in 

 others, their functions are confined to watch over the 

 commercial interests of the state, particularly the ob- 

 servation of the treaties of commerce, and to assist 

 with their advice and interposition those of their na 

 tion whom commercial pursuits or connections have 

 led to the place for which they are named. They as- 

 sume their functions sometimes in virtue of credentials, 

 but oftener by simple letters of provision and letters of 

 recommendation. Although they are under the parti- 

 cular protection of the law of nations, they are far from 

 enjoying the advantages that custom allows to mini- 

 sters, either as to jurisdiction, imposts, religion, or ho- 

 nours ; so that it is only in a very extensive sense of 

 the word that they can be called public ministers. 

 The greatest part of the consuls out of Europe ap- 

 proach much nearer to the rank of ministers ; some of 

 them are, indeed, ministers and consuls at the same 

 time. 



Sometimes consuls-general are appointed. These 

 are to officiate for several places at the same time, or 

 else they are placed at the head of several consuls. In 

 other respects their functions, as well as those of their 

 vice-consuls, differ but little from those of simple 

 consuls. 



CHAP. III. Of the Rights of Nations upon the 

 Seas. 



1. A nation may occupy and extend its dominion on or the 

 the sea, beyond the immediate vicinity of its ownparticu- more dis- 

 lar coast, either in rivers, lakes, bays, straits, or the ocean ; tant parti 

 and such dominion may, if the national security re- of the se 

 quire it, be maintained by a fleet of armed vessels. 

 The empire of a nation on the seas, may extend as far 

 as it has been acknowledged to extend by the consent 

 of other nations, and beyond the boundary of its pro. 

 perty. It remains then to be considered, whether or 



