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Vessels pressed, if shipwrecked or captured.

penalties; at least, they are liable to a rigorous and extraordinary punishment, according to the exigency of the case.(246)

6. If any of the vessels happen to be shipwrecked, or taken by enemies or pirates, the sovereign is not bound to make reparation for the loss, these events being merely fortuitous, (247) provided, there is no imputation against the commander of the transports. (248) For the same reason the master cannot be prosecuted by the sovereign, if he should lose his cargo by shipwreck, or by any event of the like nature.(249) It would be unjust, also, to compel a ship to make more than one such voyage, or transportation.(250)

(246) Leg. 3 et 4. Cod. lib. 4, tit. 40, Quæ iis vendi non poss.* Leg. 5, Cod. lib. 2, tit. 1, de navicul. Peckuis et Vinnius, ad Leg. 5.

(247) Cum nemo ex facto alieno obligetur. Leg. 23. dig. de Regul. jur.

(218) Nisi princeps ipse, vel per suos damnum intulerit quia proprium factum intervenit. Sixtin. in loc. cit.

(249) Loccenius, in loc. cit. cap. 7, § 11. Christineu. decis. 66, n. 2. Et testatur ita judicatum a Senatu Brabantino.

(250) Loccenius, in loc. cit.

*The 4th law of this title in the code, makes a distinction between the offenders: the more noble, and honourable were proscribed, and all their property confiscated; while persons of inferior rank, and low condition, were punished capitally. Honestiores quidem stylum proscriptionis et omnium quorum amissionem incurrant; inferiores autem vilioresque persone capitali supplicio subjaceant......T.

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Of embargoes, or detention of friendly ships.

7. We must, however, carefully distinguish the impressment of ships, on account of a war, from that made for the transportation of goods on occasion of the discovery, or conquest of some region or island in the new world, or for other convoys of the same nature. It is certain, that if ships, pressed for other objects than a military expedition, suffer shipwreck, or are taken by enemies or pirates, the sovereign who ordered them on the voyage, ought to indemnify the owner for the loss, since it is unreasonable that any one should suffer from an expedition, intended solely to benefit another.(251)

ARTICLE VI.

Of Embargoes, or the Detention of friendly Ships.

§ 1. THE right of stopping or detaining the vessel of a friend, is derived from the same source as that of impressing ships. Embargo is an act by which a sovereign, or power, not an enemy, detains one or more vessels, lying in his ports, or in the roads of his dominions, or prohibits their departure, on occasion of some public necessity, and not on account of war. This detention is made upon the payment, to the vessels retained in such circumstances, of a reasonable freight, equal to what they might have otherwise earned; which is agreeable to the principles of

(251) Sixtinus de Regaliis, lib. 2, cap. 13. Loccenius, in loc. cit. ch. 5, § 9.

Inconvenience of embargoes, provided against in modern treaties.

equity and justice, and the universal practice of Europe. Detention differs wholly from capture; the one has for its object the appropriation of the thing taken; the other to retain it only for a necessary purpose, restoring it afterwards, or paying its value.(252)

2. Without repeating, in this place, all that Galliani, in his book before cited, has ventured to say, in order to prove the inconvenience and injustice of the practice, it may be observed, that as the right of detaining friendly ships shackled commerce, it was stipulated, for the first time, in the 18th article of the treaty, between the king of the two Sicilies, and Holland in 1753, that ships, their crews and cargoes, should not be detained by any general, or particular order, nor for any reason, or occasion whatever, not even under pretence of the safety, and preservation of the state. This convention appeared so prudent, that, in a short time, it was generally adopted, and has since been included in all subsequent treaties between the different powers of Europe.(253)

(252) Leg. 18, § 11, lib. 50, tit. 4, Dig. De munerib. et honorib. Leg. 1, lib. 11, tit. 3, Cod. De navibus non excus. Perezius, Corvinus et Peckius. Marquard. De jure marit. cap. 5, n. 38. Guidon de la mer, chap. 7, art. 6. chap. 9, art. 6 and 13. Ordinance de la marine de France, art. 1, tit. Des lettres de marque. See also the preceding article.

(253) Mably. Droit public de l'Europe, p. 301.

Strangers subject to the internal jurisdiction of territorial seas.

ARTICLE VII.

Of the internal Jurisdiction over territorial Seas.

§ 1. THE internal administration of justice exclusively belongs to the proprietor of the territorial sea, and the executive power, charged with the prevention of disorders, and the reparation of injuries, may there exercise its authority. The subjects of the sovereign are not the only persons amenable to this jurisdiction. It extends to strangers navigating within it, who are considered as temporary citizens, and members of the same political body.(254) For this reason, whenever the delinquents are private individuals, the tribunals commissioned for that purpose, inflict on them punishments, proportioned to their offences;(255) but if the persons guilty of these dis

(254) Tertia potestas illa (nempe jurisdictio Principis) extenditur quoque in advenas, qui fixum domicilium non habent, sed vel ad tempus, vel saltem transeunt, quia dum ibi sunt intra potestatis illius terminos sunt, eaque continentur. Quidquid autem interea temporis ab ipsis agitur id potestate quoque ejus, qui territorio præest, continentur ; quia dum agunt v. g. contrahunt, delinquunt sub ea potestate sunt. Henri. Coccei, ad Grotium, lib. 2, cap. 18, § 9. Disp de Fund. in territ. jurisdic. tit. 2, n. 6. Inter exercit, n. 54. Vattel, Droit des Gens, liv. 2, ch. 8, § 163. See the first note to the first article.

(255) Heinec. in Prelect. Acad, ad Grot. lib. 2, cap. 3, § 12. ad finem. Quemadmodum exteri, qui in territorio nostro navigant. Hinc nullum est dubium, quin puniri a Belgis possit qui in mari hoc australi piraticum exercuit, vel homicidium commisit, quamvis sit exterus. Et ad finem § 15. Nos addimus et invitis vicinis imperantem mari posse leges de usu navigationis præscribere. Stypman, de jure

Violations of this jurisdiction may be punished.

orders, are nations or societies, they are chastised by the public armed force, until they give satisfaction for the offence, and make complete reparation for the injuries committed. Such is the origin of naval wars carried on against lawful powers, or unlawful, as pirates and corsairs, the disturbers of the public tranquillity, and against all those who interrupt the security of navigation, and the prosperity of commerce.(256)

2. From observing the rights of sovereignty, even that of inflicting the punishment of death, exercised by the commanders of ships of war, in ports and bays belonging to another power, some authors, and, among the number, HUBNER, (257) have pretended,

maritimo, par. 5, cap. 1, n. 19. Sequitur potestas animadvertendi in facinorosos, quam connexam esse vult salvo conductui Gilman, et exilla elicit jurisdictionem et cognoscendi super causis sive civilibus, sive criminalibus, si in littore inter vel illos ibi habitantes, aut aliter illuc accedentes oriantur, vel etiam in mari littori proximo, si simul cum littore ad certa spatia occupatum sit.

(256) Authent. Quæ in Provincia, etc. Cod. ubi de crimine agi oportet. Loccenius, de jure marit. lib. 1, cap. 4 et 6, n. 4. Stypman. ad jus marit. par. 1, cap. 6, n. 381. ibid." Et quia regna non actionibus, sed armis vindicantur legiones assumendo, ubi leges deficiunt veniendum ad arma, ubi locum invenire justitia apud adversarium nequit. Nullum enim bellum justius, quam quod pro rebus repetendis suscipitur.

(257) Hubner, De la saisie des bâtimens de neutres, speaking of the capture of a neutral vessel, lays down without any proof, the following theory, which is opposed to the principles above adopted. "Les vaisseaux neutres, sont, sans contredit, des lieux neu

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