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With these expositions of the probable practical rule as to blockade, it had appeared to me that the object of those who desired immunity of private property would be effected by the adoption of Mr. Marcy's amendment. The occurrences of the last two years show that President Buchanan and Secretary Cass were entirely correct in connecting the proposition with the abolition of commercial blockades, confining them, as you propose to do, to places actually besieged. Had Mr. Marcy's amendment been accepted, it is not perceived that the interruption of commerce would have been sensibly less than it has been during our war; while, as the blockade excludes Southern ships from the ocean, with the exception of what has been effected against our merchantmen by the Confederate cruisers abroad, and whose existence raises another question, little would have been gained from it, even for the trade of belligerents. It is the blockade, and uot the right of belligerent capture, that has so seriously affected the commercial intercourse of the civilized world. I have, you may remember, referred both to you and to Mr. Cobden in my note on this subject: Lawrence's Wheaton, pp. 820 826.

While noticing the declaration of Paris, I cannot omit expressing my regret, that what has been achieved for neutral rights, by declaring that free ships make free goods, without detracting from the other rule that neutral property is safe in the ships of an enemy, should not have received the authoritative sanction between the United States and France and England which it possesses in the convention made by Mr. Marcy with Russia. I fear, if the question should arise in our prize tribunals, the inefficacy of a less formal arrangement, and that, as in the case at the beginning of the war, when the Admiralty Court at New York condemned a vessel for having on board a cargo laden after notification of blockade, though the proceeding had been sanctioned by the correspondence between Mr. Seward and Lord Lyons, the right of the executive to change the law of nations by his own authority may be denied. Notwithstanding our frequent attempts to alter the rule by convention, our courts, equal with yours, have ever held that enemy's property in neutral vessels, where no treaty provided for the contrary, was prize of war. I know not how the law, as expounded by our Supreme Court, can be changed except by the treaty-making power, which is vested in the President and Senate, or by an act of legislation. The latter course, under a constitution similar to ours, has been adopted by the Confederate States.

I have looked with much attention on the question as respects the violation of neutral obligations involved in the case of the Alabama and the other vessels alleged to have been built for the Confederates in British waters, and I purpose examining the matter more fully for my French notes. As regards the sale of ships, whether armed or not, in neutral ports, as matters of commerce, I cannot think that, under the law of nations, they stand on any less favourable footing than the sale of munitions of war, both of which are included within the term used by you, of passive contraband; nor according to the decision of our courts do I consider the case altered by any provision of our neutrality act. Moreover, I can conceive of no right, as was attempted in the case of the Terceira expedi tion, to enforce your municipal laws against foreigners beyond your jurisdiction. It seems to me that the offence of the neutral is in permitting, as you express it, "the hostile use of neutral territory as the starting point of expeditions and the base of their operations." We had no neutrality act when, in the administration of General Washington, we effectually interposed to prevent French privateers being fitted out in our ports to cruise against English commerce, and made compensation in those cases in which it was not in our power to restore the illegal prizes. The gist of the matter is using the neutral territory as the basis of a hostile expedition, and in that respect, where the ship was built or to whom it belongs is immaterial. It falls within the same category as carrying on hostilities in neutral waters, or using them in order to watch for the enemy. The distinction to which I allude is well traced in the case referred to on the trial of the Alexandra, though the controlling portion of Judge Story's judgment does not appear in any report of the Chief Baron's opinion which I have seen. Judge Story, after stating that the capturing vessel had been sent from Baltimore to Buenos Ayres as American property, which he deemed a commercial

adventure and not illegal, and there sold to the Government of that country, by which she was made a public ship of war, restored the property in question, which had been captured on a subsequent cruise, to the Spanish claimants. The decision was founded on the fact that after the Santissima Trinidad had become an acknowledged public vessel of Buenos Ayres, she had, preparatory to the cruise in which the goods were taken, enlisted an additional crew and strengthened her armament by the purchase of a tender in the port of Baltimore. (Wheaton's Reports, vol. vii. p. 340-The Santissima Trinidad.) In the same volume is the case of the Gran Para: p. 487. There the property, though the capturing vessel was not commissioned as a privateer till her arrival in the Rio de la Plata, continued in the same party who had purchased her in Baltimore; and the court were of opinion that she was armed and manned there for a cruise. The most delicate question, if not the most difficult, to which the late prize cases have given rise, concerns the right of capture of a vessel going to a neutral port with the intent to sail from thence to a blockaded port, or resorting to a neutral port with the intention of using it for the introduction of contraband into the enemy's country. The decisions on these points have not, as far as I am aware, received in reference to the cases arising during this war, the ad. judication of the Supreme Court. In referring to the books, I find that Wildman, as well as our American authors Duer and Halleck, pronounce more emphatically than the cases would seem to warrant against the neutral cruiser. I appreciate your criticisms as to those cases which relate to the indirect trade of a citizen of the belligerent country with the enemy. They fall within the general interdict of all intercourse of that nature.

The other cases from the English reports generally relate to a violation of British Orders in Council of questionable validity, or to infraction of the rule of 1756, which, during the wars growing out of the French revolution, was a source of constant difficulty between the United States and England. The rule which at one time was understood to be agreed on between the two Governments, was to consider the continuity of the voyage broken by the cargoes being landed and the duties paid on them.

It is somewhat extraordinary that the Congress of Paris, in touching on the matters included in the declaration, should have omitted a declaration of contraband, as to which of all matters connected with the subject the most doubt existed. On this point, I presume that we are to consider, as the authoritative exposition by your Government, the note of Earl Russell to Lord Lyons, of Jan. 23, 1862, and which, omitting the suppressed clause from Bynkershoek, confines contraband to arms, munitions of war, and soldiers-the rule as adopted on the continent. (See Lawrence's Wheaton, p. 801.) The suggestion in my letter of last year was made with the endeavour to render unnecessary the visitation and search, in time of war, of neutral vessels; and for which, if the declaration of Paris, as to enemy's property in neutral vessels, and neutral property in enemy's vessels, be universally adopted, there would no longer be any pretext. Your objections I find are to any enlargement of the law of blockade, or to any apology for its extension. Should your views prevail and blockade be confined to places beseiged, it seems to me that it would perfect the system of commercial freedom to abrogate the whole doctrine of contraband. This is a subject which I should be glad to discuss further, did not my watch remind me that expect to write to you by this week's mail, my letter must be at once despatched to the postoffice.

I will only venture to add that the importance of the questions of maritime law, now the subjects of debate, points out the necessity, with the view of diminishing the causes of future wars, of their authoritative settlement by the general concurrence of nations. Associations such as yours may mature the public mind for an international congress, for the assembling of which a proposition was introduced into the House of Representatives in 1861-2.

I am, my dear sir,
Yours very truly,

W. B. LAWRENCE.

John Westlake, Esq.

INDEX.

Aberdeen, On the state of education

in, by James Valentine, 378.

report on the state of, by

James Valentine, 1.

Adair, J., observations on the law of
evidence, 233; on transfer of land,
253.

Adderley, Rt. Hon. C. B., M.P., on the
late reports on transportation and
penal servitude, and on prison dis-
cipline, 398; discussion on, 459; ob-
servations on national education,
369.

Addresses-

Opening Address, by Lord Broug-
ham, 1.

Land as a subject of commerce, by
the Hon. Lord Curriehill, 26.
Education, by Nassau W. Senior, 46.
Punishment and Reformation, by the
Hon. Lord Neaves, 72.
Public Health, by Professor Chris-
tison, 90.

Social Economy, by the Rt. Hon.
Sir John M Neill, G.C.B., 116.
Trade and International Law, by the

Hon. Judge Longfield, 129.
Advocate, the Lord observations on
the statute law, 230, 232; on the
law of evidence, 235; on the law
of bankruptcy, 248; on national
education, 372.

Agricultural instruction on the lower
platform, on, by W. Wallace Fyfe,
381.

success, on the condition
of, by George Hope, 776.
Agriculture as a commercial pursuit,
by Peter M'Lagan, 873.
Airing grounds, house-top, by J.
Lewis André, 568.
Alcoholic liquors, on the effects of
upon health, as illustrated by the
experience of the British Army in
India, by the Rev. Dawson Burns,
557; discussion on, 557.
Alexander, James, monetary decimals,
874.

Alphabet, English, on necessary addi-
tions to the, by A. Melville Bell,
382.
America, 6.

Education in, 16.

Punishment and Reformation
in, by A. O. Charles, 428.
Amusements of the working classes,
87.

Anderson, James, Q.C., on the influ-
ence of international law in preserv-
ing the peace of the world, 878;
discussion on, 884.
Anderson, -

observations on the li-
censing system, 474.

André, J. Lewis, House-top airing
grounds, 568.

Annuities, Government, resolution on,
766.

Apprenticeships, short. A plea for,
with special reference to the print-
ing business, by James Wilkie (41.
Apprenticeship, on the system of; whe-
ther adapted for the present state of
society, by George Hurst. 756.
Ardmillan, Lord, observations on the
law of evidence, 233.

Assurance. See Life assurance.
Austin, George, on the inequity of
poor-law rating and chargeability,
770; discussion on, 771.
Badenoch, Rev. G. R., on morning and
evening classes in the universities of
Scotland, 354; discussion on, 355;
observations on University reform,
360.

Bagot, C. E., an ample fund for emi-
gration in colonial crown lands,
593; discussion on, 749; observa-
tions on transfer of land, 254.
Bagot, H. H., emigration in connexion
with the commerce and manufac-
tures of Great Britain, 747; discussion
on, 749.
Balme, E. B. Wheatley, seconds reso-
lution on convict discipline and
transportation, 467.
Banking, 140.

3 M

Banking and currency laws of the
United Kingdom, observations upon,
by James Delahunty, 868.
Bankruptcy in Scotland, the recent
statistics of, by G. A. Esson, 188;
discussion on, 247.

Bankrupt law of Scotland, practical
suggestions for the amendment of
the, by James M Clelland, 203; dis-
cussion on, 247.

Barbier, F., on international educa-
tion, 338.

Barclay, Sheriff, curiosities of legis-
lation, 229; discussion on, 230; ob-
servations on the law of evidence,
233.

Baruchson, Arnold, observations on
taxation, 864.

Bastard, T. H., on clubhouses for the
labouring classes, 686.

Bayly, Mrs., the influence of public
opinion on the habits of the work-
ing classes, 692.

Beddoe, John, M.D., on dietaries for
children in workhouses, 549.
Bedford, F. W., LL.D., the hospital
system of Scotland, 340.
Begg, Rev. James, D.D., the early
closing movement in Edinburgh,
689; co-operation as a means of
securing houses for working men,
750; discussion on, 750; on the
necessity of appointing public in-
spectors for rural cottages, 763;
observations on emigration, 750.
Bell, A. Melville, on necessary addi-
tions to the English alphabet, 382.
Bell, Rev. Dr., remarks on some
points of the Revised Code of the
Committee of Council on Education,
of May, 1862, 365; discussion on,
366.

Bell, Sheriff, observations on the law
of bankruptcy, 249.
Belligerent rights, 130.

Benefit clubs, on the abuse of, by
Alexander Laing, 765.

Benevolence and social law, on the
collision of, by the Rev. W. G.
Blaikie, 707.

Bennett, Professor, observations on the
improvement of the public health,
564.

Billings, R. W., seconds resolution on
provident societies, 766.

Blackie, Professor, observations on
University reform, 355; on middle-
class education, 362.

Blaikie, Rev. W. G., on the colli-
sions of benevolence and social law,
707.

Blockade, laws of, 132.

Blyth, Phoebe, on reading, writing,
and arithmetic, as aids in the train-
ing of the mind, 382; statement of
the working of the Edinburgh So-
ciety for promoting the Employment
of Women, 700.

Blyth, Rev. R., on the Scottish Sab-
bath-school system, 376.

Boucherett, Jessie, on the cause of
distress prevalent among single
women, 767.

Bourne, Stephen, free labour cotton in
Jamaica, 874.

Boyd, Rev. W., on colportage in Scot
land, 381.

Brougham and Vaux, Henry, Lord,
Opening address, 1; late Sir B. C.
Brodie and Sir J. Stephen, 1; Eu-
ropean progress, 2; French legal
reforms, 4; Mexico, 5: America, 6;
colonies and emigration, 8; con-
vict system, 9; statute law conso-
lidation, 11; legal reforms, 11;
employment of women, 13; sani-
tary measures, 13: domestic ser-
vants, 14; Local Government Act,
14; hospital nurses, 14; half-time
system, 15; Government certificates
and ragged schools, 15; bursaries,
16; education in America, 16; cheap
publications, 16; co-operation, 17;
savings banks, 23; early closing,
23; condition of the working classes,
23; conclusion, 24. Observations
on the law of evidence, 236; on
legal procedure, 245; on the trans-
fer of land, 259; on the marriage
law, 263, 265.

Brown, Samuel, report of Berlin Sta-
tistical Congress on uniform weights,
&c., 875.

Brown, T. A., on the linen trade of
Dunfermline, 874.

Brown, W. A., on the admission of

women to academical degrees, 354;
discussion on, 355.

Bruce, G., observations on legal pro-
cedure, 242.

Bryce, A. Hamilton, A grammar

school for Scotland-the necessary
complement of the Universities' Act,
287; discussion on, 362.

Bullock, B., A plan for substituting

hard labour in lieu of transporta-
tion in all but extreme cases, 462.
Burgess, Rev. R., the education of the
poor in France, especially in the
Protestant communities, 333.
Burns, Rev. Dawson, on the effects of
alcoholic liquors upon health, as

illustrated by the experience of the
British Army in India, 557; discus-
sion on, 557.

Bursaries, 16.

Burton, John Hill, Extracts from writ-
ten evidence communicated at the
desire of the Penal Servitude Acts
Commission, and not printed with
the evidence appended to their re-
port, 457; discussion on, 459.
Calderwood, Rev. Henry, shops for
the consumption of intoxicating
liquors versus shops for the sale of
such liquors, 447; observations on
the licensing system. 473.
Campbell, Alexander, Co-operation;
its origin, advocates, progress, diffl-
culties, and objects, 752; discussion
on, 753.

Capture during war of private property
at sea, on the, by D. P. Chalmers,
851.

Carpenter, Mary, on the treatment of
female convicts, 415; discussion on,
468; observations on refuges for
female convicts, 470; on the re-
formatory movement, 471.
Cattle, on disease in, by Edward Hol-
land, M.P., 519.

Cave, Stephen, M.P., observations on
convict and prison discipline, 460;
on international law, 884.
Chadwick, Edwin, C.B., on the com-
parative results of the chief princi-
ples of the poor-law administration
in England and Ireland, as com-
pared with that of Scotland, 712;
observations on intemperance, 557 ;
on diseased meat, 559; on the con-
dition of the cotton district, 757,
758; on charity and relief of the
poor, 772.
Chalmers, D. P., on the capture during
war of private property at sea, 851.
Chambers, W., Publishing, and its
allied trades, in Edinburgh, 811.
Charity and relief of the poor, dis-
cussion on, 771.

Chesshire, Edwin, F.R.C.S., on a new
mode of utilising solid soil, &c.,
565.

Children, pauper, education of, xxx.

See also Stepney Union Establish-
ment; Dietaries.

Christison, Professor, address on public
health, 90.

Classes. See Universities.

Clay, Rev. W. L., observations on re-
fuges for female convicts, 471.
Cleansing operations of Edinburgh, on
the, as compared with those of other

large towns, by Henry D. Little-
john, M.D., 513.

Cleghorn, Sheriff, observations on the
reformatory movement, 472.
Clubhouses for the labouring classes,
by Thomas H. Bastard, 686.
Cobden, Richard, M.P., letter from, on
taxation, 864.

Cochran, F. J., on our institutions
which foster the criminal profession,
and the question, Where is the re-
medy? 409.

Cochrane, Adam, jun., notes on the
Scotch tweed trade, 792.
Colonial schools and hospitals, na-
tive, sanitary statistics of, by Flo-
rence Nightingale, 475.
Colonies and emigration, 8.
Colportage in Scotland, on, by the Rev.
W. Boyd, 381.

Committee of Privy Council on Edu-
cation, letter from the Secretary of
the, 374.

Committees, reports of. See Reports.
Committees, ladies', and mixed com-
mittees, by Louisa O. Hope, 739.
Competition, open, in theory and in
practice, by Walter Scott Dalgleish,
M.A., 364.

Congress and tribunal, an interna-

tional, for the prevention of war, by
John Noble, 883; discussion on, 884.
Consolidation of the statute law, 11.
Constantinople, report of the Local
Association at, by R. F. Foote, M.D.,
xliii.

Contract, breach of, by workmen, by
John Newton, 266.
Convict system, 9, 82.
Convict and prison discipline, xxxi;
discussion on, 459. See also Secon-
dary punishments; Transportation.
Convicts. See Female convicts.
Cook, Shank, observations on legal
procedure, 243.
Co-operation, 17.

as a means of securing
houses for working men, by the
Rev. J. Begg, D.D., 750; discussion
on, 753.

in Germany, by Max Kyll-
mann, 630; discussion on, 753.

its origin, advocates, progress,
difficulties, and objects, by Alexan-
der Campbell, 752; discussion on,
753.

"" on the past and present aspects
of, by John Plummer, 752; discus-
sion on, 753.
Co-operative Building Company, the
Edinburgh, by H. G. Reid, 627.
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