freedom of navigation, and of maritime commerce arise so often in the discussion of admiralty questions, as to give this volume a claim to be here inserted.

Mr. Barton's is one among the numerous treatises to which the violation of neutral rights, during the late wars, gave rise. The subject is ably discussed, but, perhaps, too much in the spirit of a partisan, on the side contended for by neutral powers. It was published at Philadelphia in 1802.

(Note 8.) DE MARTENS' ESSAY ON PRIVATEERS, &c.— Azuni, in his work on Maritime Law, page 37, vol. 2, thus expresses himself concerning this treatise:

'Among the maritime captures which most attracted the attention of Europe, during the last war, may be distinguished that of the rich Spanish register ship Santo Yago, taken 5th April, 1793, by the French, and retaken, nine days after, by the English. The process instituted in England for the restoration of this prize, induced M. Martens, a learned professor in the university of Gottingen, and the distinguished author of several works on public law, to publish, in 1795, an essay on Privateers, Maritime Captures, and Recaptures. In the first chapter he traces the history of privateering from the middle ages to the present time; and in the second, makes some rapid observations on the modern rights of privateering, in which he follows the general principles laid down by M. Valin, in his "Traité des Prises,' and by Emerigon, in his "Traité des Assurances.' The third chapter is divided into two sections, in which he endeavours to establish some theories of the universal, and positive law of nations, on the subject of recaptures. He gives a brief and very imperfect account of the ancient codes of maritime law, and takes a cursory notice of the laws and treaties of some of the northern powers on the same subject. He passes over in silence the ancient and

modern laws of many of the Italian states, of which so ample a view has been given in the first volume of the present work. The essay of M. Martens displays much erudition, which will render it instructive, and highly useful to those who feel interested in the progress of the science of maritime legislation.'

George Frederick Von Martens was not only distinguished as a professor in the University of Gottingen, and as Aulic counsellor of Hanover, but his extensive acquaintance with the laws of nations, and diplomacy, brought him into the service of foreign nations. His Treatise on the Law of Nations, which was translated by the late William Cobbett, appeared as early as 1789. In 1801, he published his Course of Diplomacy, in 3 vols. entitled, 'Cours Diplomatique, ou Tableau des relations extérieurs des puissances de l'Europe.' This was succeeded by his valuable collection of treaties of alliance and peace, from 1761, in 16 vols. and with its supplements in 1829, in 19 vols. His last work preceding his death in 1821, was in German, being a treatise on the Elements of Commercial and Maritime Law. From 1806 to 1821, he was variously employed by the German States. During the reign of the king of Westphalia, Jerome Bonaparte, he was occupied in the financial department of that monarch-and in 1814, his services were engaged in the preparation of the Reports, &c. for the diplomatists at the congress of Vienna. When minister from Hanover to the Diet at Frankfort, to which he was appointed in 1816, he died there in the year 1821. His Essay on Privateers, Captures, and Recaptures, was translated by Thomas Hartwell Horne, with notes, London, 1801.

(Note 9.) POTHIER ON MARITIME CONTRACTS.-We refer the student to Note 12, on Title X. for our remarks on the work of M. Pothier, and the notice there taken of Mr. Cushing's translation of M. Pothier's treatise.

(Note 10.) CLERKE'S PRACTICE OF THE ADMIRALTY.-The practice of admiralty courts still remains in England, in a great degree an occult art. Whether, or not, the procedure and formulæ of their Instance and Prize tribunals have been withheld from the public ex industria, it is certain that much less has been done to enlighten the profession on this, than on any other branch of their jurisprudence. The small work of Francis Clerke appeared in 1679. It was imperfectly translated in 1722; and all of the subsequent editions, down to the fifth and last, which appeared in 1798, remain in Latin, with no additional learning, and almost wholly devoid of precedents; and the entire work is confined to the practice of the Instance side of the High Court of Admiralty. Nor have any precedents, or books of this practice, of much note, since appeared in that country,—though for nearly two centuries past an infinitude of important materials must have accumulated in their courts. It would seem as if this remarkable dearth, in so fertile a field, could not be accidental. In 1809, the late John E. Hall, published at Baltimore, a volume on Admiralty practice, consisting of three parts, viz. An historical examination of the civil jurisdiction of the court of Admiralty. An improved translation of Clerke's Praxis, with notes on the jurisdiction and practice of the American courts-and lastly, a collection of precedents; which collection, however, is extremely meagre, but still very acceptable, as they were so much needed. To Mr. Wheaton, we are also greatly indebted for additional light on these subjects, in his learned appendixes to his reports of the decisions of the Supreme Court of the United States.

The practice in our district courts, which embraces prize as well as instance proceedings, has been most extensively illustrated and settled in the decisions reported by Peters, the elder, Bee, Gallison, Mason, Paine, Washington, Cranch, Wheaton,

and Peters: from the whole of which we may anticipate an elaborate and learned treatise from the pen of the late Andrew Dunlap, district attorney of the United States for the district of Massachusetts, which is now in press. The work is entitled, 'A Treatise on the Practice of Courts of Admirality in Civil Causes of Maritime Jurisdiction, with an Appendix, containing a full collection of English and American Precedents.' To all of these sources we confidently refer the student, and learned lawyer, (not of our country only,) for more ample means of instruction in this important and beautiful system of law, than is to be found elsewhere.

(Note 11.) JACOBSEN'S SEA LAWS.-This work is particularly valuable on three accounts; first, it is eminently practical; its learned author having collected his facts during a long professional experience, and from a correspondence maintained with the most distinguished maritime jurists of Europesecondly, Mr. Jacobsen was a civilian of great learning, equally well acquainted with the legal literature of ancient and modern times, and of all nations-and lastly, his work is based on no overweening attachment to any theory of international law; but derives its facts and principles from the maritime regulations and conduct of all nations; and educes from the whole a system of maritime jurisprudence, remarkable for candour, justice, and reciprocal concession. The bibliography of this work also, merits particular regard. It is ably translated by Mr. Frick, whose notes are very creditable to his learning and discrimination.

(Note 12.) PETERS' ADMIRALTY DECISIONS.-The Admiralty Reports of judge Peters were published in July, 1807, and embrace cases occurring between the years 1780 and 1807. The decisions are chiefly those of the Hon. Richard Peters; some are by the Hon. James Winchester, late judge

of the district court of Maryland, and others by Francis Hopkinson, esq. of Pennsylvania, men of no less varied. learning, than deep research in the law. The Appendix to this work is valuable, as it contains the laws of Oleron, Wisbuy, and the Hans-Towns; the ordinances of Louis XIV.; A Treatise on the rights and duties of owners, freighters, and masters of ships, and mariners; and our own laws relative to mariners. The decisions have been regarded as generally sound, sufficiently learned, and well reported. The student will not fail frequently to consult the decisions of the Hon. Thomas Bee, judge of the district court of South Carolina, published in 1810, and by all means Gallison's Reports of Cases in the Circuit Court of the United States for the first circuit, published in 1815; containing the decisions of Joseph Story, esq. one of the judges of the Supreme Court of the United States: a station which he has adorned with the abundant fruits of a vigorous mind, richly improved, and strengthened by the laudable ambition of attaining the highest legal pre-eminence.

(Note 13.) COOPER'S OPINIONS, &c.--This admirable opinion of judge Cooper's, in the case of Dempsey, assignee of Brown v. the Insurance Company of Pennsylvania, is perhaps one of the ablest, most comprehensive, and perspicuous arguments that has appeared on that difficult and highly important question, the effect of a sentence of a foreign court of admiralty, as evidence in domestic suits. Both in England and this country, the question has been very frequently agitated, and, not less frequently, variously and confusedly decided.

Judge Cooper, in this opinion, has presented a more luminous and satisfactory view of the subject than any we have ever seen. Judge Brackenridge, of the same state, in the case