principles of libel and slander which were once considered as requiring a duel for their satisfaction.

A similar growth may be expected in the jurisdiction of the international tribunal. Upon the reputation which it shall succeed in establishing for impartiality, freedom from race .and national prejudices, regard for broad principles of law and equity, and the thoroughness and ability with which it shall discharge its high duties within its present sphere, will largely depend the extent to which an advancing public opinion will enlarge its jurisdiction until it shall embrace various classes of questions now declared nonarbitrable. No detailed classification, however, can be thought of; each difficulty as it arises must be determined in view of the surrounding circumstances with due regard to the growing public feeling in favor of judicial settlement. Under the system of voluntary arbitration there is abundant room for growth, for the onus will be thrown on each contending state to square its conduct with that growing feeling in favor of arbitration which it will become more and more difficult to ignore. In every country the growth of law and the extension of the jurisdiction of the courts which administered it have been concurrent; the same rule must govern in the field of international law.

There are vast fields at present untouched by the law of nations. The discovery of the New World threw the jurists of that day into bewilderment as to how rights in the American continents might be acquired and established. A period of doubt and dispute ensued, until finally Grotius, by applying certain rules of Roman law regarding the acquirement of rights by individuals through purchase, possession, etc., and by inventing certain other rules, helped to supply a legal foundation upon which the acquisition of these territories could be regulated. Looking toward the future, one can see that, since there are no more continents to be discovered and the habitable parts of the earth have been already taken possession of by the colonial pioneer, the great principle of the survival of the fittest must henceforth mainly work itself out in competitions confined to the existing territories of the various powers. This will necessitate the consideration of some deep questions concerning the life and death of nations and the heirship to their dominions.*

It is widely believed, for instance, that China is dying a natural death. Assuming it to be the fact, what will be the rules to govern the inheritance of these Oriental domains? Great Britain, Russia, Germany, the United States, and other nations have acquired footholds and established interests within Chinese territory.

* Vide Contuzzi, Leggi di Composizioni e di Decomposizioni degli Stati.

Disputes will inevitably arise between them; many will be settled by mutual compromise in which, perhaps, the chief consideration will be the amount of warlike force behind the arguments advanced; many others will be sure to find their way to an arbitral tribunal, and before that body arguments will be made and by that body decisions will be handed down embracing principles not now to be found in the books, but which the circumstances of the case and the demands of justice require. And so will doubtless ensue a growth of "international judge-made law and equity" which will gradually work an extension of the arbitral jurisdiction into fields at present unknown to the law of nations. One thing is certain: the law so developed must not, on the one hand, be in conflict with the Grotian doctrine of the equality of states as rightly understood, nor, on the other, with that great all-pervading law of the survival of the fittest-a law which determines the destinies of men and nations alike.

THE FATE OF THE BEAGLE.

BY THE REV. V. MARSHALL LAW.

ON the 27th of December, 1831, his Majesty's ship Beagle, a

ten-gun brig, under the command of Captain Fitz Roy, R. N., sailed from Devonport, England, on an expedition the purpose of which was to complete a survey of Patagonia and Tierra del Fuego that had been begun under Captain King (1826-'30); to survey the shores of Chile and Peru, and of some islands in the Pacific; and to carry a chain of chronometrical measurements round the world. The voyage was one of the most memorable ones in the annals of scientific exploration, for, besides the direct results, which, in the condition of geography and natural history at the time, constituted very important additions to knowledge, it carried Charles Darwin, then young and full of the enthusiasm for study that never left him. Mr. Darwin accompanied the expedition on the invitation of its commander, Captain Fitz Roy, and with the special sanction of the Lords of the Admiralty, and, as it turned out, next to the captain of the vessel was perhaps the most important member of it. He made it his special business to inquire into the character and method and the reason of all the natural objects and phenomena he saw, examining what was in the sea while they were upon it, and, when they landed, going ashore and studying the geography and geology and life of the region as thoroughly as the time of stay would permit, and collecting no end of notes and specimens as material for future study.

Besides his elaborate work giving the full story of the expedition and the details of its scientific results-a book which has ever

since been a standard authority, and still keeps students in active discussion and investigation-the voyage of the Beagle has to be credited with having supplied the occasion for the composition of

H. M. S. BEAGLE IN THE STRAITS OF MAGELLAN. MOUNT SARMIENTO IN THE DISTANCE.

the briefer and more popular account which has become one of the classics of English literature.

More than this, and vastly transcending it in the importance of its bearing on the future of science, it was while going round the world and observing on the Beagle that those fundamental facts were gathered and stored in Mr. Darwin's mind which, worked over and developed in after years and compared and combined with subsequently accumulated facts, bore fruit in the Origin of Species and the transformation of science that resulted upon the enunciation of Mr. Darwin's theory of descent.

We all regard the association of any object with great events or with those in which we have great interest as making it precious. We endow ships with a kind of personality, regard them affectionately, and often speak of them fondly, as if they were real living beings in whom we had an interest. Such feelings we might legitimately entertain with regard to the Beagle, so closely associated with the history we have referred to. Few associations deserve, in fact, to be more highly valued than that of this brig, the Beagle, with Mr. Darwin's books and his theory. It is therefore a matter of legitimate concern to inquire into what was the fate of the famous vessel.

The inquiry has been made, and is answered by the Rev. V. Marshall Law, of Oakland, Cal., whose account follows:

“I was lying in my room, in Tsukiji, as I had been day after day, in 1890, watching the lazy roll of the school-ship in the Imperial Naval Academy, just a little to the south, when a caller and an old resident, Mr. Arthur Morris, said to me, 'I see you have Darwin's old ship, the Beagle, in plain sight out there.'

"Is that the Beagle?' I asked in great surprise.

"He assured me that it was, and somehow after he had gone it impressed itself more strongly on my mind the more I thought of it. I lay ill, and part of the time in delirium, for ten days. When I at last got up, the Beagle was gone. I sent inquiries to the Naval Academy, but no one seemed to know anything about her. As soon as I was able to go out, I lost no time in setting on foot inquiries of the whereabouts of the missing ship. I finally learned that she had probably gone to the Imperial Navy Yard in Yokosuka, about thirty miles from Tokio. As soon as I was able to travel we started to go to Yokosuka in search of the missing vessel. Before this, however, I had taken the precaution to put on the track the Englishman, Mr. F. W. Hammond, who taught the young Japanese gunnery in the Imperial Naval Academy at Tokio, and he promised to do all in his power-which in this instance was very great-to help me in my search for the

Beagle. To aid him, I gave him the following list of questions, to which he sent me the answers given below months afterward. My questions had gone through the regular naval channels. The answers show how methodical the Japanese are, even if they are slow. In these answers I use their language:

"Question. How did the Japanese Government happen to get the Beagle?'

''Answer. The details of getting are not plainly known, but the Prince of Kagoshima procured it on seventy-five thousand dollars, at the 23d of July, first year of Genzi (1860), afterward he offered it to the Government at the June of the third year of Genzi.' "Q. Are there any good photographs of her as she was when a war ship?'

"A. After out of use, she was applied as a Chastising Place for seamen at the Yokosuka station, and then was auctioned at the March, twenty-second year of Genzi.'

"Q. What was the date of her arrival in Japan?'

"A. She was received by the Prince of Kagoshima, at Nagasaki, July, the first year of Genzi.'

"Q. What is her present name?

changed?'

When was her name

"A. At the present this ship has no name in the consequence of out of use, but after procured by the Kagoshima Prince the name. of Beagle was changed into Kenko Kan.'

"Q. Do you know how old this ship is, and what she was used for by the British Government before the Japanese got her?'

"A. She was actually used during twenty-three years, after which she was put out of use, having been constructed at Liverpool, and we can not know what she was applied for before got by Japan, but she remained more or less than one year in England.' (Darwin made his famous voyage in her from 1831 to 1836.)

'Q. What is the name of the captain who had charge of her after she became the property of the Japanese Government?'

"A. Commander Sadakumi Shiba was appointed the acting captain February, 2d year of Genzi; Commander S. Hamataki, from December, 5th year of Genzi; Commander M. Omura, from November, 10th year of Genzi; Commander Sadakumi Shiba, from December, 11th year of Genzi; then the last was dismissed on the September, in the 14th year of Genzi.'

"Q. In what capacity did the Japanese Government use her from the time she arrived up to the time she was dismantled?'