minem alterius contradu obligari debere; that pacta contra leges, and bonos mores non valere ; that qui facta fuorum hominum præftare debet, præftare debet er effe, and the like, are either univerfally or generally received through the civilized world.

But this is not all. Great civilians, who first extracted the principles of modern naval laws from the treasures of the Roman code, did not find them there under the fame denomination. They did not look into the Rhodian law, to determine whether fhips recaptured fhould be restored on falvage to their former owners, but to the rules, as to Jus Poftliminii, moftly given under the head of Paternal Power. They did not find the doctrine of droits, in the law De Naufragiis, but in that De Jure Fifci. They traced the limits of contraband, and the question whether the innocent mariner thall be paid his freight, though the contraband cargo of the freighter be feized, not in any naval code, but in the general laws of exportation, and of mortgages or pledges, Quæ res exportari non debeant, and Si pignus publicetur, tamen jus pignoris non extinguitur. Inftances might be multiplied without number (7); but thefe may fuffice to fhew, that it is not merely to the fubject we are to look, but to the principles

(7) Such as the application of the laws De Pauperie, and De Incendio, to the collifion of fhips; De Tabernis, and Inftitoribus, to the effects of the torts of mafters of ships upon owners, &c. &c.

of the decision, and the reasons on which it is founded. Where thefe reafons appear to extend to things in general, and to be applicable to naval affairs as well as others, they have been by able and ingenious men fuccefsfully fo applied.

In the commencement of the work, the obfervation of the celebrated Bynkerhoek was mentioned, that in iis quæ fola ratio commendat, a jure Romano ad jus gentium tuta fit collectio; and that of the first of the civilians of these days, that great part of the law of nations is founded on the civil law-I fhall conclude with the enphatic cxclamation of the foreign jurift, fpeaking of this illuftrious code, Ubi parem prudentiam invenire eft?

APPEN

APPENDIX.

No. I.

FROM THE PETERSBURGH COURT GAZETTE*.

Copy of the Convention with the Court of London, figned at Petersburgh, June 17, 1801.

IN THE NAME OF THE MOST HOLY AND

INDIVISIBLE TRINITY.

THE reciprocal defire of his majesty the emperor of all

the Ruffias, and of his majefty the king of the united kingdom of Great Britain and Ireland, being not only to come to a good understanding relative to the difputes, which, on a late occafion, interrupted the harmony and the relations of friendship which fubfifted between the two states, but also to prevent, for the future, by candid and unequivocal expla nations with regard to the navigation of their respective subjects, the recurrence of fimilar altercations, and of the unpleasant circumftances which might enfue; and the object of their faid majefties' folicitude being to bring about, as soon as can be conveniently done, an equitable adjustment of fuch disputes, and invariably to settle their principles on the rights of neutrality, as applicable to the respective monarchies, in

*The Ruffian treaty is inferted in the Appendix, because it fo clearly illuftrates the feventh chapter on Prize Law.

order to be united in clofer bonds of friendship, of which they acknowledge the utility and the advantages, have appointed for their respective plenipotentiaries, namely, Count Panin, &c. and Alleyne Lord St. Helens, &c.

Art. I. There fhall be henceforward between his Imperial Majefty of all the Ruffias, and his Britannic Majesty, their fubjects, ftates, and countries, a folid and a lafting friendship; all the political and other relations of commerce, advantageous to their refpective fubjects, fhall exist as heretofore, without being liable in any manner to be disturbed or interrupted.

II. His Majesty the Emperor and his Britannic Majesty declare it to be their will most rigorously to enforce due obedience to the articles which relate to the contraband trade of their fubjects with the enemies of either of the high contracting parties.

III. His Imperial Majefty of all the Ruffias and his Britannic Majefty having refolved to place the freedom of commerce and of navigation under a fufficient fafeguard, in cafe that one of them fhould be at war while the other remained neuter, have agreed as follows:——

Ift. That the fhips of the neutral power may freely fail to the ports and coafts of the belligerent nations.

2d. That the goods put on board the neutral ships fhall be free, excepting at all times warlike ftores and property of the enemy and it is agreed upon not to include among the lat ter the merchandise which fhould prove to be the produce, the growth or manufacture of the country at war, purchased by the neutral power and for its ufe; which merchandise, in no cafe whatever, fhall be excepted from the liberty granted to the flag of the said power.

3dly. That to avoid all ambiguity with regard to what is to be confidered as warlike ftores, the contracting fovereigns declare, agreeably to the XIth article of the commercial treaty, concluded between the two crowns on the 21st of