Maritime laws and tribunals of Russia.

of a sufficient number of tribunals for the special purpose of deciding all maritime affairs. He did too much for his naval forces, and not enough for the merchant-marine. If he had employed a part of the sums expended on useless gallies, and a moderate fleet, in giving facility to the commerce of the ports of Riga, Petersburg, Revel, and Archangel, the marine of his vast dominions would have felt, at the present day, the beneficial effects of such a measure, while, in fact, it now falls far short of that magnitude, importance, and prosperity, it might have attained.

4. There are, it is true, several tribunals in Russia, which take cognizance of maritime and commercial disputes, according to the account given us by M. Peuchet, in the second volume of his commercial dictionary. These are, the court of the customs, which decides, in a summary way, all matters demanding a speedy determination; the exchange magistrate, to whom is referred questions as to charter-parties, bills of exchange, and other obligations of a similar nature; the court of police, which takes cognizance of affairs incident to that part of the internal administration; the senate, before whom is brought all matters in controversy between parties, that require a legal discussion and a formal determination: but all these courts, for want of precise laws, are very slow in giving judgment. The college of commerce, as it is called, constituted by a special commission from the sovereign, must be considered as a council of statesmen, who regard merely the

Delays in the decision of causes in Russian courts.

grand features of commerce, and take notice of those affairs only that are essentially connected with the political views of the government.

5. The decision of causes litigated in the Russian territories, on the Black Sea, is far more tardy than at Petersburg, because the native Russians, sure of finding favor there, are certain of bringing before the senate all the causes the least complicated, which cannot be determined by the summary adjudication of the court of customs, or the other courts established there; a foreigner is thus compelled to go to the capital to plead his cause in person, or to employ a lawyer, which renders the proceedings more expensive, difficult, and dilatory.

6. Catharine II, who governed the Russian empire with so much glory, perceived the necessity of creating a Code of maritime law for her dominions : she laid the basis of it in the plan which she published for making the compilation. She openly expressed her opinion, in 1780, on the sole object of the conventions she had produced among the maritime powers of Europe, as to the effect of establishing a maritime Code, which should forever fix the rights of neutral nations, in time of war. In the mean time, she began by publishing, in 1784, an ukase, or ordinance, making some alterations in the former commercial regulations, for the possessions she had acquired on the Black Sea, and, principally, for the city of Cherson, founded by her, on the banks of the Dneiper. By an ukase of the 31st December, 1787, she published regulations for privateers, and concerning

Laws of other Northern states of Europe.

privateering, in time of war. These regulations, for their wisdom, deserve to be imitated by the other powers of Europe. (374) Alexander I, the worthy successor of that great princess, considering the sagacity of his character, will not fail to follow the plan traced out by his illustrious ancestor, and to give to his empire a Code of maritime laws, the want of which is every day felt in the course of commercial and maritime transactions.

ARTICLE XXIII.

Of the Laws of other Northern States of Europe. § 1. PRUSSIA, Lubeck, and some of the Hanseatic cities, regulate their maritime affairs by particular statutes; but it is not known that any other cities, dependent on the German empire, or the emperor, have any laws on this subject. It is well known how celebrated, throughout all Germany, is the Judicium mercatorum; besides, all the countries in which the civil law is observed, have recourse to that as the common law, for the decision of all matters relating to commerce and navigation, whenever the local laws are silent on the subject.

2. In the countries subject to the dominion of the house of Austria, the city of Trieste, with its dependencies, such as Fiumo, Carlobargo, and Portoro, regulate their maritime affairs, in conformity to the edict of merchant-navigation, promulgated by the empress Maria Theresa, the 25th April, 1774.

(374) See the Collection of treaties, by the learned M. Martens, Vol. 4, page 507.

Of the Ottoman laws.

ARTICLE XXIV.

Of the Ottoman Laws.

§ 1. WE do not know of any maritime laws peculiar to the Ottoman empire, and to the regencies established on the Barbary coast, subject to the grand Seignior. It appears, that they are acquainted with no other than those of the nations with whom they traffic. Formerly, vessels were not allowed to navigate in the different ports of the Levant, except under the protection of the French flag. The consuls of that nation were the only judges of all differences relative to maritime commerce, either between Frenchmen and Turks, or between the former and the inhabitants of the country. But, at the present day, an entire change has taken place, since other nations are permitted to trade there in their own names.— The Cadis of the different sea-ports, in fact, observe the different usages adopted by the different commercial nations, and religiously conform to them, in deciding differences of a mercantile nature, which arise between Turks and strangers, and it sometimes happens, that even the French are subject to their jurisdiction.*

* The French have now lost all favour and influence in the dominions of the Ottoman Porte, and the English have become the most favoured nation, and will probably, by means of their great naval power, and the possession of Gibraltar and Malta, maintain that ascendancy in the Mediterranean once held by the French....T.

Maritime laws of Naples.-New Code projected.

ARTICLE XXV.

Of the Laws of Naples.

§ 1. CHARLES III, who died king of Spain, when he was king of Naples, collected all the most useful and necessary laws relative to navigation, and maritime commerce, in the 14th act* of the 31st January, 1759, and reduced them into 72 chapters. To prevent any confusion, he abolished all former decrees, and all previous laws relative to maritime subjects.

2. Ferdinand IV, the reigning king of Naples, by the 18th act, of the 5th February, 1764, entitled, De officio supremi magistratus commercii, has regulated and placed in better order the jurisdiction of the supreme magistrate of commerce, as well as that of the Consulate, by specifying the particular cases in which each must exercise their jurisdiction.

3. Persons are already engaged in this kingdom, in the compilation of a new maritime Code, the publication of which is expected.(375) The king, after

* Pragmatique. This word is often used substantively to signify those acts or ordinances, which are passed by a sovereign to regulate his own estates and family....T.

(375) In 1789, during my journey to Naples, I had occasion to read this new Code, which was about to be printed in four volumes quarto, of 500 pages each. The disgusting prolixity, and want of method in this work, which has been executed by M. Jorio, then a member of the court of commerce, made me suppose that it would never be published, and the event has so far justified my predictions.