ent European states at this day. But, from the time these nations began to improve their own internal law by statutes and ordinances, and to commit it to writing in digests general or particular, this maritime universal consuetudinary law, however valuable as a model for imitation, however rich in materials for the construction of new national codes, cannot be said to have existed as a general compulsory or coercive body of law for, as already observed, there can be no jus privatum scriptum commune, in the learned acceptation of these terms, or proper, positive, or statutory law, among different independent nations, unless a treaty, or convention, or long usage, have intervened. While, however, various points in the law of maritime commerce have been fixed by treaties between particular states, the mode in which the jus maritimum universale non scriptum, or the common consuetudinary law of maritime commerce, which appears to have formerly existed in an indirect compulsory shape, now exerts its influence, and still operates powerfully among moderu nations, is, by the wise adoption of its rules, which are comparatively susceptible of common, uniform, and universal application, into the statutory, and particularly into the common consuetudinary and judiciary internal law of these several nations. And, in this way, it may still be correctly said, in the language of the erudite Baldasseroni, quoting Montesquieu—“ I mercanti di tutte le nazioni, e di tutti i paesi, formano una sola societa, ed un solo linguaggio, commune a tutti ;" and that the law of maritime commerce consists mainly-" Delle regole, che in forza dell' uso, e della scambievole utilita, hanno fra loro fissate i mercanti."*-Farther, although the consuetudinary law of maritime commerce may thus have * Delle Assecurazioni Maritime, tome i., p. 17. ceased to have any compulsory force in modern Europe, except as adopted by, and through the medium of, the different independent states, still the similarity, uniformity, and universality of its principles, render this interesting branch of the internal jurisprudence of each people, in an eminent degree susceptible of improvement from external sources. It is, indeed, in this department chiefly that one people can profit by the legislative and judicial experience of another; it is in this department that the laws of ancient nations, and of the middle ages, afford the most valuable suggestions; it is in this department that the legislators and judges of a nation, especially of a nation which comparatively has not advanced so far in the career of commercial improvement, may, with the greatest safety and with the greatest advantage, take lessons of practical wisdom from the institutions, usages, and judicial precedents, of its predecessors or contemporaries. Accordingly, in this department of jurisprudence, the judges and lawyers, both of England and Scotland, have, when any difficulty occurred, been accustomed to look abroad for illustration in point of legal principle, if not for direct authority. And, from the operation of the causes we have just been contemplating, the maritime and commercial systems of the different European nations may, to a certain extent, and in many material points, be traced to one common origin. CHAPTER I. OF THE MARITIME AND COMMERCIAL LAW OF THE PHŒNICIANS AND CARTHAGINIANS. HAVING noticed generally the leading doctrines of the law of maritime commerce, investigated its origin and development generally, in the shape of usages and customs, and marked the similar, uniform, and universal nature of its rules, and its consequent pre-eminent susceptibility of improvement, we proceed to trace the history of this branch of jurisprudence in ancient, and particularly in modern times, and to mark the steps by which it has arrived at its present state of comparative perfection. The progress of the law of maritime commerce is obviously dependent upon, and must necessarily, to a certain extent, keep pace with, the advancement and extension of maritime commerce itself, and with the improvement of the art of navigation. But, however interesting the subject, it is not proposed in the present sketch to enter into any long details on the origin and progress of commerce in general, or on the wonderful attainments of mankind in nautical skill and enterprise. The history of commerce and navigation will be noticed only so far as may appear necessary for giving a distinct view of the progress of maritime and commercial jurisprudence and legislation. We, of course, commence our inquiries with the jurisprudence of the ancient nations, who are repre |