1 act. In France the re-establishment of the Council of Prizes rests on the same principle of the Constitution as that which confers on the Emperor the right of declaring war, and of making treaties of peace, alliance, and commerce; and this intimate relation connecting the Council of Prizes directly with the Government, and the review of their proceedings by Ministers of State before being carried into execution has been justified by French writers on the ground that the tribunal is not an ordinary one, and that the law of war and peace being a prerogative of the executive, the law of prize which flows directly from it ought to be under the guidance of the same power or of a Council initiated in the views of the Government.2 The close connection thus subsisting between the Sovereign and the prize tribunal has been observed upon by American writers, and it has been pointed out as a possible defect that, at least in theory, the right exists in the Sovereign to interpose effectively in any part of the proceedings, and to arrest them before condemnation. In the United States under the existing Constitution, the judicial power which is vested in one Supreme Court and in such inferior courts as Congress may from time to time establish, extends "to all cases of maritime and Admiralty jurisdiction;" the legislative power over captures and the judiciary in the last resort being vested in Congress by the Confederation. Hence it will be seen that in America the decision of prize cases stands on a very 3 The Elsebe, Rob. Ad. Rep. 5, p. 173. 2 De Pistoye et Duverdy. Traités des Prises, tom. ii. pp. 140–345. 3 Penhallow v. Doane. Reports, vol. iii. p. 86. Large, vol. ii. p. 77. Dallas' Statutes at different footing from what it does in France and England, and in other countries not having a similar organic law with that of the United States;1 and it is observed with some complacency by American civilians that while every facility is given for the Supreme Court receiving from the President suggestions in matters affecting international relations, it does not allow any intimations from the Executive to influence their deliberations. It is not proposed in this place to enter at greater length on the difficult and interesting questions suggested by the outline here given of foreign systems of prize judicature; this is the less necessary as it is admitted that in England the recent organisation of the Judicial Committee of the Privy Council by which tribunal all appeals in prize suits, and all other proceedings in the Courts of Admiralty or Vice-Admiralty or in any other Court abroad are now decided, is calculated to increase the confidence of foreign Powers in the character of its decisions and to ensure that the questions requiring the application of the principles of the law of nations which are submitted for its investigation will continue to be treated in accordance with the spirit of an enlightened system of law.3 3 1 Wheaton, Inter. Law, by Law-| Prize Causes, were directed in furence, p. 969. ture to be made to the Sovereign 2 North American Review, vol. in Council, and not to the High viii. 256. Court of Admiralty in England, or such Commissioners as aforesaid. And by the latter Statute, and by the 5 & 6 Vic. c. 38, and 7 & 8 Vic. c. 69, the Privy Council may refer all such appeals to the Judicial Committee. This Committee was established by 3 & 4 Wm. IV. c. 41, amended and ex By Statute 3 & 4 Wm. IV. all appeals in prize suits, and all other proceedings in the Courts of Admiralty or Vice-Admiralty, or in any other Court abroad, which might then be made to the High Court of Admiralty of England, or to the Lords Commissioners in tended by 6 & 7 Vic. c. 38; 7 & 8 Vic. c. 69; 8 & 9 Vic. c. 30, and 14 & 15 Vic. c. 83. By this Committee practically all the judicial authority of the Privy Council is now exercised. They hear the allegations and proofs and make their Report to Her Majesty in Council, by whom the judgment is finally rendered. This Judicial Committee consists by Statute of the Lord President, the Lord Chancellor, and such of the members of this Council as shall, from time to time, hold certain judicial offices mentioned in the Act; and all persons members of the Council, who shall have been President thereof, or Chancellor of Great Britain, or shall have held any of the so enumerated offices, and any two other persons, being members of the Council, may be appointed to be members of the Committee. But no matter can be heard or report made, unless in the presence of at least three members of the Committee, exclusive of the Lord President for the time being. Stephens' Commentaries, vol. ii. p. 470; vol. iii. p. 429. INDEX. AMBASSADORS of neutral countries, their rights, 110 limits assigned to operations of war, as against, 111 APPROACH ON THE HIGH SEAS. See VISITATION AND SEARCH. right of, formerly opposed, 3 founded on the clearest principles of public law, ib. object of the exercise of the right of, 4 granted to ships of war, ib. no ship bound to lie by or to await approach, ib. BILL OF EXCHANGE drawn by alien enemy on belligerent BLOCKADE, description of, 120 object of, 121 opinion of Grotius respecting the nature of, 122 of Wheaton, 123 attempt to violate, an offence against Law of Nations, 124 opinion of Vattel on the subject, ib. what constitutes an actual blockade, 125 must be effective at every point, 129 has a legal existence, although blockading force may be by otherwise when driven off by the enemy, ib. effect of this latter rule on neutrals, 130 opinion of Kent on accidental dispersion, 131 continuance of blockade in such a case allowed by United criterion by which neutral may ascertain, ib. no longer legal if relaxed in favour of belligerents to the exclu- principle on which this rests, ib. BLOCKADE-continued. all commerce, whether by ingress or egress, excluded, 133 mcdes of imparting this knowledge, ib. in what cases knowledge presumed, 137 no difference, as to fact of knowledge, between ingress and notice inferred from acts of a belligerent, 139 must be co-extensive with blockade, ib. difference as regards neutrals between formal and constructive some act of violation necessary to affect neutral, 140 when position of vessel equivocal, ib. sailing for blockaded port equivalent to attempt to enter, 142 exception when vessels despatched from a distance, 144 violated equally by egress as by ingress, 145 not necessary that the whole of the cargo should have been cases in which egress is lawful, 146 does not extend to a neutral found in port, 147 provided her cargo has been purchased and taken on board both by land and sea not necessary, ib. internal communications not subject to the blockading force, 149 to prevent imports, not violated by exports, ib. violated by egress; ship in delicto to end of voyage, 150 prima facie the cargo is implicated, ib. when ship or cargo belong to the same individual, ib. instances where cargo was restored, ib. cargo not shielded when blockade known to owners, 156 effect of licence to break blockade, 160 |