of their conduct. This evinces that the law is not entirely devoid of influence, or, at least, that they are not regardless of the voice of fame, nor insensible to the opinion of the world. Nor can a religious mind divest itself of the belief, that guilty sovereigns, though they may triumph, for a season, in the possession of unjust power, and riot in the spoils of their iniquity, will, sooner or later, meet with the chastisement merited by their crimes. This belief, fortified by the history of political states, furnishes an awful sanction to those principles of eternal justice, which ought to regulate the conduct of nations. In this view, it is of no little moment, that, in all our controversies, we should have law and right on our side, that, if compelled to take arms, in their defence, we may feel the energy of conscious rectitude, and an assurance of the protection of heaven.* To know our rights, it is necessary to be acquainted with the laws on which they are founded; every inquiry, therefore, which conducts us to a knowledge of those laws, is deserving of attention, and maritime law, which comprehends the principles by which neutral commerce is to be regulated in time of war, * Thrice is he arm'd, who hath his quarrel just; SHAKSPERE. merits a distinguished place in the Code of nations. On this subject, HUBNER led the way, and has been the first to bestow upon it that particular attention which is due to its intricacy and importance. There is, however, so much confusion and contradiction in his ideas, and some of his notions are so fanciful, that whatever may be the merit of his work in other respects, it is now little esteemed. GALLIANI and LAMPREDI, two Italian writers, have treated of the rights and duties of neutral nations, in a manner more just and scientific, but not perfectly satisfactory. M. 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 incli-nation 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 philanthropic spirit. His book may, therefore, 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 Translator trusts that no apology is requisite for presenting the American reader with a work that contains so full and comprehensive a view of one of the most important objects in the great Code of public law. The historical survey of the progress of navigation and commerce, and of maritime law, contained in the first volume, will be found instructive, and a suitable introduction to the subjects examined in the subsequent part of the work. In the parallel between France and Great-Britain, in the second chapter, some readers will be disposed to accuse the author of partiality, and, for that reason, may feel a prejudice against his whole performance. This partiality, however, is to be discerned in a few articles only, added to the present edition, printed, during the last year, at Paris, and might have been omitted without injury to the main body of the work, which, except some corrections and real improvements, remains essentially the same, as in the second edition of 1796. In translating a work of this nature, accuracy was more to be studied than elegance; but while aiming at fidelity, care has been taken to avoid foreign idioms. A nice observer, it is probable, may detect some tinct of the original language; but it is hoped, that this imperfection will be overlooked, if it should seldom occur, and the version, on the whole, be found faithful and accurate. The Translator has taken the liberty of subjoining a few notes, which he flatters himself will not be deemed altogether useless. He would have indulged further in the practice, had he not been re strained by the fear of overloading the text, already furnished with ample notes and citations by the author. In works of this kind, notes and references are often requisite to give authority and force to what is asserted in the text. Every reader may not be so fastidious as to despise this shew of erudition, and may sometimes be pleased to find relief from the dry perusal of the text, in a classic allusion, or some lively annotation of the author. The notes of the translator are distinguished by the marks of reference, (*+) and by the initial letter T... WILLIAM JOHNSON. NEW-YORK, 1806. THE AUTHOR'S PREFACE. 1. THE nature and important objects of maritime law, and its relation to the interests of nations, render it the rule of intercourse between governments, and the means of maintaining equal justice in all their political affairs. In this view, and from its close connexion with the universal law of nations, and the conventional law of Europe, it deserves to be studied by statesmen, by publicists, and by all who aspire to the honourable station of public ministers, or aim at a faithful discharge of their diplomatic functions. II. A work, exhibiting, in a complete and scientific manner, the rights and duties of nations in regard to maritime commerce, has long been wanted. All the writers on public law, however, have uniformly forborn to ap ply their knowledge and industry to this interesting subject. VOL. I. 3 |