laden with corn, or flour, during the recess of parliament in 1766, says, "which order could not be justified by law, but was so much for the service of the public, and so necessary for the safety and preservation of his majesty's subjects, that it ought to be justified by act of parliament." This embargo, as was allowed, saved the people from famine; yet it was declared illegal by the above act of the legislature, including the king himself, who laid it, which was therefore needful to sanction it; and the proprietors of the embargoed ships and cargoes were accordingly indemnified by government.

The practice so common in modern Europe, of imposing embargoes, has apparently the effect of destroying that protection to property, which the rule of faith and justice gives to it, when brought into the country in the course of trade and in the confidence of peace. The seizure, however, though hostile in the execution, should the matter in dispute terminate in reconciliation, becomes a mere civil embargo; it is only when hostilities proceed that the embargo takes effect, as a hostile measure, ab initio. Embargo is laid down in the best authorities as a lawful measure, sanctioned by the uniform usage of nations. It does not differ in substance from the conduct of the Syracusans, in the time of Dionysius the elder-which Mitford considered to be a gross violation of the law of nations-who, having declared war against Carthage, at once seized the effects of Carthaginian traders in their warehouses, and Carthaginian vessels in their harbours, and then sent a herald to Carthage to negotiate. This act of the Syracusans is identical with the ordinary practice in England, as laid down by Lord

Mansfield, in Lindo v. Rodney (Doug. 613): "Upon the declaration of war or hostilities, all the ships of the enemy are detained in our ports, to be confiscated as the property of the enemy, if no reciprocal agreement is made." (Kent, 68.)

The following is her Majesty's proclamation, ordering a general embargo on Russian vessels in the English ports:

"At the Court at Buckingham Palace, the 29th day of March, 1854,

"Present-The Queen's Most Excellent Majesty in Council.

"It is this day ordered by her Majesty, by and with the advice of her Privy Council, that no ships or vessels belonging to any of her Majesty's subjects be permitted to enter and clear out for any of the ports of Russia until further order; and her Majesty is further pleased to order that a general embargo or stop be made of all Russian ships and vessels whatsoever, now within, or which shall hereafter come into, any of the ports, harbours, or roads, within any of her Majesty's dominions, together with all persons and effects on board the said ships or vessels; provided, always, that nothing herein contained shall extend to any ships or vessels specified or comprised in a certain Order of her Majesty in Council, dated this twentyninth day of March, for exempting from capture or detention Russian vessels under special circumstances; her Majesty is pleased further to order, and it is hereby ordered, that the utmost care be taken for the preservation of all and every part of the cargoes on board any of the said ships or vessels, so that no damage or embezzlement whatever be sustained; and the Right

Hon. the Lords Commissioners of her Majesty's Treasury, the Lords Commissioners of the Admiralty, and the Lord Warden of the Cinque Ports, are to give the necessary directions herein as to them may respectively appertain. "C. C. GREVILLE.”

With reference to Russian merchant ships in her Majesty's East Indian territories, or within her Majesty's foreign and colonial possessions, the following proclamation has been issued:

"At the Court at Buckingham Palace, the 7th day of April, 1854.

"Present-The Queen's Most Excellent Majesty in Council.

"Her Majesty being compelled to declare war against his Imperial Majesty, the Emperor of all the Russias, and being desirous to lessen as much as possible the evils thereof, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, that Russian merchant vessels which, at the time of the publication of this order, shall be in any ports or places in her Majesty's Indian territories, under the government of the East India Company, or within any of her Majesty's foreign or colonial possessions, shall be allowed thirty days from the time of the publication of this order in such Indian territories, or foreign or colonial possessions, for loading their cargoes, and departing from such ports or places; and that such Russian merchant vessels, if met at sea by any of her Majesty's ships, shall be permitted to continue their voyage if, on examination of their papers, it shall appear that their cargoes were taken on board before the expiration of the above term; provided that nothing herein contained shall extend

or be taken to extend to Russian vessels having on board any officer in the military or naval service of the enemy, or any article prohibited or contraband of war, or any despatch of or to the Russian Government.

"And it is hereby further ordered by her Majesty, by and with the advice of her Privy Council as aforesaid, that any Russian merchant vessel which, prior to the 29th of March now last past, shall have sailed from any foreign port, bound for any port or place, in any of her Majesty's East Indian territories, or foreign or colonial possessions, shall be permitted to enter such port or place, and to discharge her cargo, and afterwards forthwith to depart without molestation; and that any such vessel, if met at sea by any of her Majesty's ships, shall be permitted to continue her voyage to any port not blockaded.

"And the Right Honourable the Lords Commissioners of her Majesty's Treasury, the Lords Commissioners of the Admiralty, and her Majesty's Principal Secretary of State for War and the Colonies, the Right Honourable the Commissioners for the Affairs of India, and all governors, officers, and authorities. whom it may concern, in her Majesty's East Indian, foreign, and colonial possessions, are to give the necessary directions herein as to them may respectively appertain.

"C. C. GREVille.”

REPRISALS.

The doctrine as to embargoes preceding hostilities, is not peculiar to the British courts. Its principle has been acknowledged amongst all nations, and forms the basis of reprisals. "Reprisals," says Vattel (B. 2, c. 18, s. 342), "are used between nation and nation, in order to do themselves justice when they cannot otherwise obtain it. If a nation has taken possession of what belongs to another, if she refuses to pay a debt, to repair an injury, or to give adequate satisfaction for it,-the latter may seize something belonging to the former, and apply it to her own advantage, till she obtains payment of what is due to her, together with interest and damages; or keep it as a pledge till she has received ample satisfaction. In the latter case, it is rather a stoppage, or a seizure, than reprisals; but they are frequently confounded in common language. The effects thus seized on are preserved while there is any hope of obtaining satisfaction or justice. As soon as that hope disappears, they are confiscated, and then the reprisals are accomplished. If the two nations, upon this ground of quarrel, come to an open rupture, satisfaction is considered as refused from the moment that war is declared, or hostilities commenced; and then also the effects seized may be confiscated."

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"In reprisals," continues the same author, we seize on the property of the subject, just as we would on that of the state, or sovereign. Everything that belongs to the nation is subject to reprisals, whenever it can be seized, provided it be not a deposit entrusted