tion and fearch. For the proof of this I need only refer to Vattel, one of the most correct, and certainly not the leaft indulgent of modern profeffors of public law. In book iii. c. vii. f. 114, he expreffes himself thus: "On ne peut empêcher le transport des effets de contrebande, fi l'on ne vifite pas les vaiffeaux neutres que l'on rencontre en mer. On eft donc en droit de les vifiter. Quelques nations puiffantes ont refufe en differens tems de fe foumettre à cette vifite, aujourd'hui un vaiffeau neutre, qui refuferoit de fouffrir la vifite, fe feroit condamner par cela feul, comme etant de bonne prife." Vattel is here to be confidered, not as a lawyer merely delivering an opinion, but as a witness afferting the fact, the fact that is the exifting practice to modern Europe. And to be fure the only marvel in the cafe is, that he fhould mention it as a law merely modern, when it is remembered that it is a principle, not only of the civil law (o which great part of the law of nations is founded), but the private jurifprudence of most countries in Europe, that a contumacious refufal to fubmit to fair inquiry, infers all the penalties of convicted guilt. Conformably to this principle we find in the celebrated French ordinance of 1681, now in force, article 12, That every veffel fhall be good prize in cafe of refiftance and combat ;" and Valin, in his Imaller Commentary, p. 81, fays exprefsly, "That although the expreffion is in the conjunctive, yet that the refiftance alone is fufficient." He refers to the Spanish ordinance 1718, evidently copied from it, in which it is expreffed in the disjunctive, "in cafe of refiftance or combat." And recent inftances are at hand and within view, in which it appears that Spain continues to act upon this principle. The first time in which it occurs to my notice on the inquiries I have been able to make in the inftitutes of our own country refpecting matters of this nature, excepting what occurs in the Black Book of the Admiralty, is in the Order of Council 1664, article 12, which directs, That when any hip, met withal by the royal navy or other fhip commiffionated, fhall fight or make refiftance, the faid fhip and goods fhall be adjudged lawful prize." A fimilar article occurs in the proclamation of 1672. I am aware, that in thofe orders and proclamations are to be found fome articles not very confiftent with the law of nations, as understood now, or indeed at that time; for they are exprefsly cenfured by Lord Clarendon. But the article I refer to is not one of thofe he reprehends; and it is obfervable that Sir Robert Wifeman, then the King's advocate general, who reported upon the articles of 1673, and expreffes a difapprobation of fome of them as harth and novel, docs not mark this article with any obfervation of cenfure. I am therefore warranted in faying, that it was the rule, and the undifputed rule, of the British Admiralty. I will not fay that the rule may not have been broken in upon in fome inftances by confiderations of comity or of policy, by which it may be fit that the adminiftration of this fpecies of law fhould be tempered in the hands of thofe tribunals which have a right to entertain and apply them; for no man can deny that a state may recede from its extreme rights, and that its fupreme councils are authorized to determine in what cafes it may be fit to do fo, the particular captor having in no cafe any other right and title than what the ftate itfelf would poffefs under the fame facts of capture. But I ftand with confidence upon all fair principles of reafon, upon the diftinct authority of Vattel, upon the inftitutes of other great maritime countries, as well as thofe of our own country, when I venture to lay it down, that by the law of nations, as now understood, a deliberate and continued refiftance to fearch, on the part of a neutral veffel to a lawful cruifer, is followed by the legal confequence of confifcation. 3. The third propofed inquiry was, Whether any special circumftances preceded, accompanied, or followed the tranfaction, which ought in any manner or degree to affect the application of the general principle? [After adverting to thefe very minutely, the Judge concluded in the following manner:] "I am of opinion that fpecial circumftances do not exist which can take the cafe out of the rule which is generally applicable to fuch a state of facts; and I have already ftated that rule to be the confifcation of all the property forcibly withheld from inquiry and fearch. It may be fitting (for any thing that I know) that other confiderations fhould be interpofed to foften the feverity of the rule, if the rule can be justly taxed with feverity: but I have neither the knowledge of any fuch confiderations, nor authority to apply them. If any negotiations have pledged (as has been intimated) the honour and good faith of the country, I can only fay that it has been much the habit of this country to redeem pledges of fo facred a nature. But my bufinefs is merely to decide, whether in a court of the law of nations a pretenfion can be legally maintained which has for its purpofe neither more nor lefs than to extinguish the right of maritime capture in war: and to do this, how? by the direct ufe of hoftile force on the part of a neutral fate. It is high time that the legal merit of fuch a pretenfion fhould be difpofed of one way or other; it has been for fome few years paft preparing in Europe, it is extremely fit that it fhould be brought to the telt of a judicial decifion; for a worfe ftate of things cannot exift, than that of an undetermined conflict between the ancient law of nations and a modern project of innovation utterly inconfiftent with it; and in my apprehenfion, not more inconfiftent with it than with the amity of neighbouring ftates, and the perfonal fafety of their refpective fubjects." The Judge then alluded to the cofts, and having allowed thofe which feemed equitable, he condemned the fhip and cargo; directing directing all private adventures to be restored, and ended in the following words: "This is the fubftance of what I have to pronounce judicially on this cafe, after weighing with the moft anxious care the feveral facts and the learned arguments which have been applied to them. I deliver it to my country, and to foreign countries, with little diffidence in the rectitude of the judgment itself: I have still more fatisfaction in feeling an entire confidence in the rectitude of the confiderations under which it has been formed." Milan, 15th September. The following is the Plan of the new Conflitution. A SENATE with a prefident fhall form the government; the prefident alone fhall have the power to propofe all the laws, to direct foreign affairs, and the war department. An electoral body of twelve individuals fhall name the members of the senate, the legislative body, the tribunate, and the tribunals; and shall be the guardian of the conftitution. A legiflative body of forty members fhall difcufs the projects of laws propofed by the prefident, and fhall accept or reject them. The tribunate or the grands procurateurs, to the number of five, fhall affift at the fittings of the legislative body, without fpeaking. They fhall denounce to the electoral body the unconftitutional acts, but shall have no other functions. Confular Decree uniting the Navarefe Territory with the Cifalpine. BONAPARTE, Firft Conful of the republic, orders, 1. Counting from the 23d of September, the river of Sefia fhall be the boundary between Lombardy and Piedmont. 2. All the countries fituated on the left bank of that river shall be united to the Cifalpine, from the day above mentioned. BONAPARTE. (Signed) Proclamation of Lieutenant-general Dupont, commanding in Tuscany, to the Inhabitants of Leghorn, publifhed at Head-quarters at Leghorn, 30th Vendemiaire (October 22). אן N taking poffeffion of Tufcany, I have directed my first cares to Leghorn; this city, celebrated for its commerce, and one of the most flourishing ports in the Mediterranean, has a title to inspire me with a particular folicitude.-You have received the French within your walls with confidence, and they have juftified it.-Order and refpect of property have not fuffered the flightest violation. I will never fuffer them to be changed. Kk VOL. X. Always Always reject with contempt the alarms which fome perfons ftrive to fow among you. All your interests are under the ægis of French loyalty the fecurity of your commerce is complete. The laft afylum of the extraordinary levy has been taken poffeffion of by force. Arezzo, taken by affault, has feen the deftruction of thofe audacious infurgents who declared war against the French army and the Cifalpine republic. Tufcany enjoys a profound calm. It acknowledges the justice and neceffity of the military expedition, which places it under the protection of the French republic. If any agitator dare to disturb this order of things, he fhall foon be no more. (Signed) Army of Italy.-Divifion of Piedmont. Lieutenant-general Soult, Head quarters at Turin, October 1. THE HE tranquillity which was beginning to prevail in your country was the effect of the wife measures adopted for repreffing the disorders of every kind which were daily committed. Your magiftrates felicitated themfelves on the return of order, and the French foldiers, quartered among you, were proud of having affifted in effecting this happy change. Perfonal fafety was reftored, affaults on the highways became less frequent, and, in a word, every thing feemed to promife that an end was put to the affaffinations, vexations, and disorders of every kind, which you had so long lamented. To confolidate the calm which you had begun to enjoy, was it neceffary that the repetition of thofe bloody fcenes fhould make the means of terror be again referted to? Affaffinations are renewed, outrages are recommenced, the laws are despised; and you yourselves, feduced by the falfe and perfidious infinuations of evildefigning perfons, render it neceffary to use those measures of rigour which alone can put an end to thefe exceffes. Piedmontefe! you liften to the voice of difaffection, which will lead you into an abyfs of evils. Thofe incorrigible men who provoke you to disobedience of the laws, affume every guife for the purpose of feducing you. Having nothing to risk, they are defirous of overturning every thing, in the hope that they may gratify their revenge and their rapacity, amidst the horrors of anarchy. They call themfelves your friends; believe them not. Thofe who perfuade you to difregard the voice of your magif, trates, cannot be friends either to you or your country; neither can they be your friends who talk to you of vengeance. Would Would they perpetuate this difpofition? Wretched men! do they not perceive that ultimately they themselves must fall victims. to it? There can be no liberty where revenge is permitted; there can be no liberty where licentioufnefs is fuffered to exist. Piedmontefe! you ftill keep up denominations which recall the fpirit of party. Have the courage to profcribe them, and unite all under one appellation-that of friends of your country and Frenchmen. Repel far from you the infinuations of thofe alarmifts who endeavour to spread anxiety among you, and to arm your hands against your deliverers. Equally reject the infinuations of those anarchists who talk only of profcriptions and vengeance. Both confpire your ruin. Obey the laws, liften to the voice of your magiftrates, remain tranquil, and you will be protected by an armed force. Invested with the chief command of all Piedmont, and being refolved to adopt all the measures neceffary to the restoration of order, tranquillity, and the fafety of perfons and property, I declare to you, that, for this purpofe, I fhall have recourse to meafures of feverity, fhould thofe which are now tried prove ineffectual. I know no other party than the friends of order; the following difpofitions fhall therefore be carried into execution. 1. Every individual who fhall commit the flightest offence against another, fhall be inftantly apprehended and conducted to the military prifon, in order to be tried by the extraordinary court-martial, as a difturber of the public peace. 2. All affemblages of people being ftrictly prohibited, the armed force fhall be employed to difperfe fuch as may take place, without obtaining a legal permiffion. 3. The nearest commanders are authorized to call out the national guard, as often as the affiftance of an armed force may be deemed neceffary to the restoration of public tranquillity. 4. A table of regulations of police fhall be drawn up for the commune of Turin, and all perfons acting in violation of it, fhall be apprehended and tried as difturbers of the public peace, conformably to the 1ft article. 5. The prefent proclamation fhall be published in both languages, read, and placarded in every commune of Piedmont, and copies fhall be fent to the minifter extraordinary of the French republic at Turin, and the commiffion of government. The chief of the staff is ordered to attend to its execution. Lieutenant-general and Commander in Chief in Piedmont, SOULT. |