any oceanic telegraphic cable not his own, or any part thereof, or any appurtenance or apparatus therewith connected, or severs any wire thereof; or,

2. Destroys or injures any international railway, canal, lighthouse, or any other structure or work, the perpetual neutrality of which has been declared;

3. Or who beyond the territory' of any nation reduces to slavery, or holds in slavery, any person whatever, or conveys, or receives with intent to convey, any person whatever as a slave;

Is deemed a pirate.

The abolition of privateering renders unnecessary any provision for the case of foreigners, who accept privateering commissious or letters of marque from a nation at war with another, and who, when taken by the latter nation, may be punished as pirates, under some treaties. Treaty between the United States and Great Britain, 1794, Art. XXI.,8 U. S. Stat. at L., 127.

The acts specified in this subdivision, when committed within the territory of any nation, are to be left to the local law.

Harboring pirates forbidden.

84. No nation can receive pirates into its territory, or permit any person within the same to receive, protect, conceal or assist them in any manner; but must punish all persons guilty of such acts.

Treaty between the United States and Great Britain, 1794, Art. XX., 8 U. S. Stat. at L., 127.

Capture of pirates authorized.

85. If there be probable cause to suspect that a ship is piratical,' any person whatever may cause its arrest and search; and if thereupon the suspicion is justified, may capture the ship: but if the suspicion is not justified, the person and ship causing the arrest must make satisfaction in damages according to the circumstances.

The Mariana Flora, 11 Wheaton's U. S. Sup. Ct. Rep., 40.

Trial and condemnation.

86. Any piratical ship may be brought into a port of any nation, and the ship, its lading and inmates, may be there condemned by the courts of such nation.

Destruction.

87. If they are unable to bring her into port, the captors of a piratical ship may destroy her.

Cuptor's reward.

88. A ship or its lading condemned for piracy is to be adjudged to belong to its captors, except as respects the property of innocent third persons.

Restoration of property.

89. Property taken by pirates, and brought or found within the territorial limits of a nation, is to be restored' to its innocent owner, saving the rights of holders thereof in good faith and for value, and subject to the payment of such reasonable salvage and expenses, not exceeding one-fourth of its value, as may be adjudged by the courts of such nation.' Proceedings for such restoration must be there begun on behalf of such owner, or the nation of which he is a member, within one year from the time of so bringing or finding the property.❜

1 To this effect are most of the following treaties :

Treaty between the United States and

New Grenada, 15 May, 1856, Art. XVII., 7 De Clercq, 102.

2 Treaty between the United States and Mexico, 1831, Art. XI., 8 U. S. Stat. at L., 414.

Upon payment of one-third of their value, Valin, Commentaire sur L'Ord, liv. 3, tit. 9, art. 10; one-eighth, 6 Geo. IV., ch. 49, § III.; 13 & 14 Vict., ch. 26. § V.

3 Within a year and a day after being reported at the Admiralty. Valin, above.

Salvage, &c., not allowed to public ships.

90. If property taken by pirates is brought in or found by a public ship of war, the deductions for salvage and expenses, allowed by the last article, are not to be made.

Treaty between the United States and Sweden, 1783, Art. XVII., 8 U. S. Stat. at L., 70. Approved by Hautefeuille, Des Nations Neutres, 4, p. 427.

TITLE III.

INTERCOURSE OF NATIONS.

CHAPTER XI. General Provisions.
XII. Public Ministers.

XIII. Consuls.

XIV. Commissioners.

CHAPTER XI.

GENERAL PROVISIONS.

ARTICLE 91. Intercourse, by what agents conducted. 92. Minister's or consul's nation, and consul's or commissioner's residence defined.

93. Nations forbidden to entertain unofficial

Intercourse, by what agents conducted.

91. The agents through whom the intercourse of nations is conducted are :

1. Public ministers;

2. Consuls; and,

3. Commissioners.

And they are herein designated as public agents.

Minister's or consul's nation, and consul's or commissioner's residence defined.

92. The terms "the nation of the minister or consul," or "the minister's or consul's nation," as used in this Code, mean the nation by authority of which he is appointed, without regard to his individual national character.

The terms "the nation or country of the consul's or commissioner's residence," mean the nation, or the state, province or colony of a nation, within the territory of which he is authorized to exercise his functions.

Nations forbidden to entertain unofficial negotiations.

93. No nation shall entertain negotiations' affecting its intercourse or relations with another, through or with any other persons than public agents duly accredited by one to the other; or duly accredited by some third nation offering friendly offices, with the consent of both."

1 It is said to be the settled practice of the United States to hold no private interviews with persons with whom it cannot hold official interviews. Dana's Wheaton, § 76, note 41, p. 131.

2 The friendly offices of the representatives of third powers are invoked in case of war, for the protection of individuals, &c.; and perhaps provision for similar offices during peace, in exigencies, such as absence, &c., should be made.

Public agents forbidden to make unofficial negotiations or communications.

94. Public agents must make no communication to the people of the nation to which they are accredited,