Intercourse of nations impeded by wars.

duction than for another. This has been well described by Virgil in his Georgics,(9) which the abbe Delille has translated with his usual elegance.(10)* Thus the establishment of commerce and exchange, is the necessary consequence of the creation of mankind, whose wants oblige them to maintain a close and mutual intercourse with each other, and to form connexions of friendship.

17. Unhappily, political ambition too often throws obstacles in the way of this necessary intercourse of nations, and impedes that maritime commerce, which so greatly facilitates exchange. The quarrels of governments frequently produce national

(9) Virgil, Georg. lib. 1, v. 54, et sequ.

(10)* Instead of the French of the abbe Delille, the following is taken from Mr. Sotheby's incomparable version of this inimitable poem:

Here golden harvests wave, there vineyards glow,
Fruit bends the bough, or herbs unbidden grow.
Her saffron, Tmolus, Ind her ivory boasts,
Spice wings the gale round Saba's balmy coasts;
The naked Chalybes their iron yield,

The powerful castor scents the Pontic field;
While fam'd Epirus rears th' equestrian breed,
Born for the palm that crowns th' Olympic steed.
In stated regions, from th' eternal Cause,
Such Nature's compact, and unbroken laws;
Such from the time when first Deucalion hurl'd
The stones that peopled the deserted world.

VOL. II.

Georg. lib. 1, v. 54-68....T.

D

Belligerents endeavour to do each other all possible harm.

wars. The chief aim of belligerents is to render each other miserable, by endeavouring to impoverish, and do all possible injury to each other. Each employs all its forces, to destroy the commerce of its adversary, and to establish its own on the ruin of its enemy's; a policy as inhuman, as it is dangerous! The evil which one party inflicts on the other, frequently recoils on its author; for the accidents of war often render abortive the best concerted enterprises. But the fury which impels nations to seek the destruction of the commerce of their enemies, is too violent to allow them to listen to the voice of humanity. From the suggestions of jealousy and hatred, they consider only the advantage of crushing their adversaries, without enquiring whether they do not thereby expose themselves to the danger of ruin.

18. The atrocious system, adopted by the belligerents, of doing all possible harm to each other, is an unfortunate necessity, which the irritable passions of men have consecrated as law, in the Code of human destruction; but that, in the maritime wars of the present day, no distinction should be made, between an enemy and a friend, is a relic of that barbarism which once prevailed among the nations of Europe. It existed at a time when they possessed no true ideas of justice; when force alone decided on right, and victory confirmed the decision; when every thing was regarded as a fair acquisition, which could be taken by force. These principles gave birth

Ancient system of piracy-Modern states more just.

to the piracies of the ancient and middle ages. Maritime wars were then carried on without order or discipline; they were no more than a system of general robbery. The love of gain prompted men to equip as many vessels, as the ability of the owners would permit; every ship, met with on the high sea, was considered as an enemy, though belonging to a friend, and taken, without formality, as good prize.

19. As manners became more mild, governments could not refuse to adopt principles more consonant to the true interests of nations. They acknowledged the distinction between right and wrong, between friends and foes. They learned, that it was not lawful to pursue and attack the one, when they had no concern with the other. But policy, ever active in inventing motives for usurpation, devised the practice of seizing neutral vessels, under the pretext that their cargoes were the property of enemies. These proceedings having produced claims on the part of those who suffered from them, the belligerents thought fit to establish tribunals to enquire, whether the goods laden on board of captured vessels, were the property of enemies or friends. In the one case, they were adjudged to the captor; in the other, the vessel and cargo were liberated.

20. This new system, though contrary to the principles of the universal law of nations, has nevertheless, so far acquired the force of custom, that belli

Pretensions of belligerents to restrain neutrals.

gerent powers have believed themselves perfectly authorised to arrest the commerce of neutrals on the high seas, and to restrain it within certain limits. This strange right of prescribing laws to neutral nations, became extended still further. They were no longer permitted to carry arms, or warlike stores to an enemy, under the penalty of a confiscation of vessel and cargo. These violent acts, evidently opposed to the principles of natural law, have been considered as allowable and just, because, from long usage, they have grown into a title, though sanctioned only by the prejudices of the times, and maintained by force of arms. The cupidity of the ancient maritime powers, and the error of past ages, have thus given rise to the laws of war on the high seas, and to the pretended rights of belligerents over peaceful and neutral nations.

21. In this state of things, every maritime war produces new pretensions on the, part of the nations at war, and new claims on the part of neutrals. The latter demanding an almost perfect freedom of navigation and commerce, during hostilities; the former refusing this freedom, and claiming a right to restrain them within narrower limits than before. Both appeal to the law of nations, and both flatter themselves that they find in that Code a decision in favour of their respective pretensions ;(11) but, as the

(11) "Every thing proves how much Europe has to regret, that, at the period when the continental powers were represented, and

Contest of opinions.-Neutrality the best state of a nation.

principles of the law of nations are interpreted, on these occasions, according to the views of the respective parties, it will be necessary to form some fixed ideas of these principles, and to disentangle them from the doubt and ambiguity to which they are liable. According to the system which I have proposed, I shall endeavour to examine the rights and duties of belligerent and of neutral nations, to deduce from them the extent of the liberty claimed by the latter for their maritime commerce in time of war, and to remark the collision of their respective rights, such as the one may exercise on the high sea, and the effects which result from them, in relation to the other.

ARTICLE II.

Of Neutrality, and of the pretended law of nations on that subject.

§ 1. THE neutrality of powers, who are under no obligation, and have no just motives to take part in the quarrels of two or more belligerents, or, in other words, the continuation of a state of peace, the happy result of a wise resolution to remain neutral, is the greatest good to which nations can aspire. It

under mutual guarantee, in 1648, at Munster and Osnaburg, their maritime interests were not solemnly discussed, and afterwards fixed on an unalterable basis, by the general consent of the maritime and continental powers."-Resultat des Guerres, par M. Arnould, chap. 3.