Sivut kuvina
PDF
ePub

The Sources of Maritime and Admiralty Law, for occasional reference will be found in Note 14.

NOTES ON THE NINTH TITLE.

(Note 1.) OF ADMIRALTY AND MARITIME JURIsprudence. The subject of admiralty and maritime jurisprudence is so important and extensive in nations having an easy access to the ocean, that we find it very prominent in the law of such countries, whenever the occupation of arms has ceased, from People who are

any cause, to monopolize the public mind. not engaged in destroying each other, are sure to cultivate the earth; to fashion its products by various manipulations, with the view of interior trade and commerce; and, if the sea be near them, they become industriously occupied in maritime pursuits; which, in turn, need the regulation of fixed laws, and of defined tribunals for their enforcement. It is quite certain that a large part of our country must ever remain essentially maritime. We border on the ocean more extensively than any other nation of ancient or modern times. Our internal resources are greater; the means of transporting the products of agriculture and of manufacture, from remote interior places to the ocean, are vastly beyond any thing hitherto known: from all of which we infer that maritime jurisprudence (if not already so) is destined to become in our country a much more extended and perfected system than yet exists. These views we cannot regard as merely prospective, and anticipative; we have already done in this country more to fashion the elements of this branch of jurisprudence into a symmetrical whole, than any other nation. It is true, indeed, that we have had the learned labours of the whole world at our command; but it is equally true that the nations of Europe

have not reciprocally profited by what has been respectively effected by each. The United States, on the contrary, in their legislation, their judicial investigations and decisions, and in the researches of their jurisconsults, have sought for light and improvements from every source, exempt from narrow jealousies, and untrammeled by the customs, or by the binding force of the decisions of former days. Were the maritime and admiralty law of this country, (practical as well as theoretical) carefully collected, and digested, it would form, as we think, a code more free from incongruities and defects, than could be extracted from the like sources of any other country. We cannot enter into any defence of this opinion, as we find our volume is swelling beyond the compass originally designed; and we, therefore, say to those who may be sceptical on this point, study the American law of this subject.

(Note 2.) AZUNI ON THE MARITIME LAW OF Europe.— In this very interesting work are disclosed, in a lucid, systematical, and erudite, but perhaps too oratorical manner, the reciprocal rights and duties of nations in relation to maritime commerce. This highly important branch of international law is, perhaps, no where treated with so much ability, and certainly by no one with more scientific regularity and fulness. Perhaps in the whole Bibliotheca Legum, there is no work which points out so particularly the sources of information, or what has been called the literature, of maritime jurisprudence, as this work of M. Azuni. As an elementary work, presenting a clear and comprehensive outline of a very extensive subject, no work with which we are acquainted, can be compared to it. His translator, William Johnson, esq. of New York, to whom the profession are much indebted, remarks that, 'Azuni is the first person who has digested all the principles of maritime law into

a regular system. He appears to have been well fitted by inclination and study, as well as by education and long experience, to execute a work, which required various and extensive learning, sound judgment, and a liberal and philosophical spirit. His book, therefore, may be regarded as new, and one that bids fair to become a standard authority on all questions connected with the laws of maritime commerce and navigation.'

The student will find this work highly valuable also, on account of the numerous biographical and bibliographical notices by the author and his translator.

Mr. Johnson's translation was published at New York in 1806, in two volumes, 8vo.

(Note 3.) BROWN'S ADMIRALTY LAW.-The student is referred to Note 10, on Title X. of this Course, for our remarks on Dr. Brown's Compendious View of the Civil Law, and of the Law of the Admiralty.

(Note 4.) DE LUVIO v. BOIT.-We specially notice this individual case, and assign to it an early place in our Syllabus, as it is a very remarkable one, being in truth a learned and elaborate essay on admiralty jurisdiction, and one of the most elementary and luminous views of the subject extant. The learned judge there decides that a policy of insurance is a maritime contract, and as such is also embraced by the admiralty jurisdiction of the United States' District Courts. In vindication of this doctrine he traces, with great minuteness, the history of this jurisdiction from the earliest periods, and calls to his aid all the learning of the British, continental and American legists. This great opinion ought to be thoroughly studied by those who aim at solid attainments in this department of the law.

(Note 5.) WHEATON'S DIGEST OF MARITIME LAW.-It is matter of no little surprise that in England, where nearly every legal topic has been discussed with much learning and ability, and the law of most subjects perspicuously arranged, no regular treatise or digest on the subject of maritime captures should have been written; especially when we consider the vast importance and interest of this portion of legal science to the British people generally. Since the time of Bynkershoek and Lee, his unworthy translator, this law has been much investigated and improved by the English courts of judicature; and a noble superstructure has been elevated on foundations established by them. It is with real satisfaction that we recommend this production, the growth of our own soil, as it is executed with ability and faithfulness, and cannot fail in proving eminently serviceable to the profession, as the law of this subject, prior to this work, is chiefly to be found in the voluminous productions of the publicists of different nations and languages, and the numerous judicial reports of various countries. Every source of useful and accurate information has been resorted to by this writer, and the work is luminous and sufficiently learned. We consider it decidedly the best American law treatise that has come to our knowledge, and no doubt will receive, as it certainly merits, a welcome reception from our trans-atlantic brethren.

(Note 6.) RAYNEVAL DE LA LIBERTE DES MERS.-We consider this a highly respectable production, and fully entitled to an attentive perusal, although it has many defects, and some opinions to which we cannot subscribe. Many of the questions so often discussed with ability by preceding writers, as the right of search, contraband, enemy property on board of neutrals, right of blockade, freedom of navigation, &c. are ingeniously and satisfactorily treated by him, and in a manner

by no means superseded by the other writers whom we have designated in this title. We have recommended only the first volume of this work, as the student can reap but little useful instruction from a discussion on the long agitated and, we may now say, exploded doctrine of mare clausum. In the pages of Selden, Grotius, Bynkershoek, Galliani, Sarpi, Puffendorf, Lampredi, Boxhorne, Pontanus, Wolfius, Heineccius, Pacius, Granswinkel, Strauchins and others, much time has been wasted in elaborate, learned, and ingenious argumentation on mare clausum and mare liberum: and as the interest of the question has considerably subsided, we are of opinion that as little time as possible should be consumed in perusing the written labours of these 'warriors with the pen.' The student in the course of his references, and in perusing the books, &c. here set down, will acquire as much knowledge on this point as the subject merits. The second volume of M. De Rayneval's work is principally on this subject, and others of little interest to us. Azuni, in his first volume, part 1st, chapters 2d and 3d, presents a luminous view of this subject; they contain, perhaps, nearly all that an American student needs. M. Gérard de Rayneval is also the author of a valuable work on the Law of Nature and of Nations, 1 vol. Svo. Paris, 1803. M. Dupin, speaking of this work, says, 'C'est un grand, advantage de pouvoir jouir des meditations d'un homme qu'une longue pratique a éclairé. On a cet avantage dans la possession du livre de M. Gérard de Rayneval. Il a toujours été attaché aux affaires étrangères, et à la diplomatie Française. Vide Prof. d'Avocat, vol. 2, p. 36.

(Note 7.) BARTON'S DISSERTATION, &C.-This volume appertains, perhaps, more appropriately to the head of the Law of Nations, than to that of Admiralty and Maritime Law. But the boundaries which separate these subjects are often so faint, as to elude discrimination. All of the doctrines relative to the

« EdellinenJatka »