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cumstance, and then he remains under the same protection. The case is different with an enemy who comes into the country of his adversary during a truce. He, at his own peril, takes advantage of a general liberty, allowed by the suspension of hostilities, and, at the expiration of the truce, the war may freely take its course, without being impeded by any claims of such a party for protection.a

It is stated that a safe conduct may even be revoked by him who granted it, for some good reason ; for it is a general principle in the law of nations, that every privilege may be revoked, when it becomes detrimental to the state. If it be a gratuitous privilege, it may be revoked purely and simply; but if it be a purchased privilege, the party interested in it is entitled to indemnity against all injurious consequences, and every party affected by the revocation is to be allowed time and liberty to depart in safety."

The effect of a license given by the enemy, to the sub-Enemy's lijects of the adverse party, to carry on a specified trade, has already been considered, in respect to the light in which it is viewed by the government of the citizens accepting it. A very different effect is given to these licenses by the government which grants them, and they are regarded and respected as lawful relaxations or suspensions of the rules of

It is the assumption of a state of peace to the extent of the license, and the act rests in the discretion of the sovereign authority of the state, which alone is competent to decide how far considerations of commercial and political expediency may, in particular cases, control the ordinary consequences of war. In the country which grants them, licenses to carry on a pacific commerce are stricti juris, as being exceptions to a general rule ; though they are not to be construed with pedantic accuracy, nor will every

trad e.

a Vattel, 6. 3. c. 17, sec, 273, 274. b Vattel, b. 3. c. 17. sec. 276, c Supra, p. 85,

small deviation be held to vitiate the fair effect of them." An excess in the quantity of goods permitted to be imported, might not be considered as noxious to any extent ; but a variation in the quality or substance of the goods might be more significant. Whenever any part of the trade assumed under the license, is denuded of any authority under it, such part is subject to condemnation.

Another material circumstance in all licenses, is the limitation of time in which they are to be carried into effect, for what is proper at one time, may be very unfit and mischievous at another time. Where a license was limited to be in force until the 29th of September, and the ship did not sail from the foreign port until the 4th of October, yet, as the goods were laden on board by the 12th of September, and there was an entire bona fides on the part of the person holding the license, this was held to be legal. But where a license was to bring away a cargo from Bordeaux, and the party thought proper to change the license, and accommodate it to another port in France, it was held, by the English admiralty, in the case of the Twee Gebroeders, that the license was vitiated, and the vessel and cargo were condemned. It has also been held, that the license must be limited to the use of the precise persons for whose benefit it was obtained. The great principle in these cases is, that subjects are not to trade with the enemy without the special permission of the government; and a material object of the control which the government exercises over such a trade, is that it may judge of the particular persons who are fit to

a The Cosmopolite, 4 Rob. 8. Grotius, b. 3. c. 21. sec. 14. lays down the general rule, that a safe conduct, of which these licenses are a species, are to be liberally construed; lara magis quam stricta interpretatio admitlenda est. And licenses were eventually construed with great liberality in the British Courts of Admiralty. Judge Croke, in the case of the Abigail, Stewart's Vice-Adm. Rep. 360.

6 Schroeder v. Vaux, 15 East, 52, 3 Campb, N. P. 83. cl Edw. 95.

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peace.

be intrusted with an exemption from the ordinary restrictions of a state of war.

(3.) The object of war is peace; and it is the duty of Treaties of every belligerent power to make war fulfil its end with the least possible mischief, and to accelerate, by all fair and reasonable means, a just and honourable peace. The same power which has the right to declare and carry on war, would seem naturally to be the proper power to make and conclude a treaty of peace ; but the disposition of this power will depend upon the local constitution of every nation ; and it sometimes happens, that the power of making peace is committed to a body of men who have not the power to make war. In Sweden, after the death of Charles XII., the king could declare war without the consent of the national Diet, but he made peace in conjunction with the Senate. So, by the constitution of the United States, the President, by and with the advice and consent of two thirds of the Senate, may make peace, but it is reserved to Congress to declare

This provision in our constitution is well adapted (as will be shown more fully hereafter) to unite in the negotiation and conclusion of treaties, the advantage of talents, experience, stability, and a comprehensive knowledge of national interests, with the requisite secrecy and despatch.

Treaties of peace, when made by the competent power, are obligatory upon the whole nation. If the treaty requires the payment of money to carry it into effect, and the money cannot be raised but by an act of the legislature, the treaty is morally obligatory upon the legislature to pass the law, and to refuse it would be a breach of public faith. The department of the government that is intrusted by the constitution with the treaty-making power, is competent to

war.

a The Jonge Johannes, 4 Rob. 263. See the law'as to licenses collected in 1 Holt's N. P. Rep. 129. note. Mr. Holt says, that Sir William Scott was, in fact, the author of the whole learning of the law relating to the system of licenses.

b Vaitel, b. 4. c. 2. sec. 10.

small deviation be held to vitiate the fair effect of them. An excess in the quantity of goods permitted to be imported, might not be considered as noxious to any extent ; but a variation in the quality or substance of the goods might be more significant. Whenever any part of the trade assumed under the license, is denuded of any authority under it, such part is subject to condemnation.

Another material circumstance in all licenses, is the limitation of time in which they are to be carried into effect, for what is proper at one time, may be very unfit and mischievous at another time. Where a license was limited to be in force until the 29th of September, and the ship did not sail from the foreign port until the 4th of October, yet, as the goods were laden on board by the 12th of September, and there was an entire bona fides on the part of the person holding the license, this was held to be legal. But where a license was to bring away a cargo from Bordeaux, and the party thought proper to change the license, and accommodate it to another port in France, it was held, by the English admiralty, in the case of the Twee Gebroeders, that the license was vitiated, and the vessel and cargo were condemned. It has also been held, that the license must be limited to the use of the precise persons for whose benefit it was obtained. The great principle in these cases is, that subjects are not to trade with the enemy without the special permission of the government; and a material object of the control which the government exercises over such a trade, is that it may judge of the particular persons who are fit to

a The Cosmopolite, 4 Rob. 8. Grotius, b. 3. c. 21. sec. 14. lays down the general rule, that a safe conduct, of which these licenses are a species, are to be liberally construed; laxa magis quam stricta interpretatio admitlenda est. And licenses were eventually construed with great liberality in the British Courts of Admiralty. Judge Croke, in the case of the Abigail, Slewart's Vice-Adm. Rep. 360.

b Schroeder v. Vaux, 15 Last, 52, 3 Campb, N. P. 89. c | Edw, 95.

peace.

be intrusted with an exemption from the ordinary restrictions of a state of war.a

(3.) The object of war is peace; and it is the duty of Treaties of every belligerent power to make war fulfil its end with the least possible mischief, and to accelerate, by all fair and reasonable means, a just and honourable peace. The same power which has the right to declare and carry on war, would seem naturally to be the proper power to make and conclude a treaty of peace; but the disposition of this power will depend upon the local constitution of every nation ; and it sometimes happens, that the power of making peace is committed to a body of men who have not the power to make war. In Sweden, after the death of Charles XII., the king could declare war without the consent of the national Diet, but he made peace in conjunction with the Senate. So, by the constitution of the United States, the President, by and with the advice and consent of two thirds of the Senate, may make peace, but it is reserved to Congress to declare

This provision in our constitution is well adapted (as will be shown more fully hereafter) to unite in the negotiation and conclusion of treaties, the advantage of talents, experience, stability, and a comprehensive knowledge of national interests, with the requisite secrecy and despatch.

Treaties of peace, when made by the competent power, are obligatory upon the whole nation. If the treaty requires the payment of money to carry it into effect, and the money cannot be raised but by an act of the legislature, the treaty is morally obligatory upon the legislature to pass the law, and to refuse it would be a breach of public faith. The department of the government that is intrusted by the constitution with the treaty-making power, is competent to

war.

a The Jonge Johannes, 4 Rob. 263. See the law'as to licenses collected in 1 Holt's N. P. Rep. 129. note. Mr. Holt says, that Sir William Scott was, in fact, the author of the whole learning of the law relating to the system of licenses.

b Vattel, b. 4. c. 2. sec. 10.

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