operations since the campaign of 1812, [practical sense diffused a beneficent inThe Lines of the Elbe and the Rhine have fluence. Leen turned by movements in Bohemia and in Switzerland. Conflicting warriors merchants with regard to navigation?

Shall we attend to sentiments of the

In regulating maritime commerce for securing the bencfits of fair neutrality, the Hanseatic policy has prescribed rules for

on the left of the Elbe, and in the vicinity of the Catalonian fields, have seized the attention of anxious millions. And Paris is opened to chiefs who are acknow-documental evidence concerning the ownledged at Berlin and Moscow.

ership of the vessel, and the character of the officers and crew, as Hanseatic or neutral.

Now famous in military story, the great rivers of the Elbe and the Rhine, favoured the commerce of various cities Concerning the OWNERSINP OF THE which arose on their banks and were as- VESSEL, two documents for manifesting sociated as Hanseatic. The association the Hanseatic title are observable; a reembraced eighty cities of the German gistered bill of sale, and a passport or sea empire; and was extended to the commer-pass, or letter, as in use for years. cial settlements in Livonia, Norway, the On board a Danish vessel, two docuNetherlands, France, Spain, Italy, Por-ments concerning the ownership have tugal, England. been required. One has reference to the

In this celebrated association is seen building or purchase of the vessel. Anoone of the most extraordinary exhibitions ther is the governmental passport in Laof commercial and political history. The tin, with the translations. To these may associates, the most opulent of them, he added what is styled, la lettre de jausingly were under the control of various geage, according to an ordinance of 1803, powerful governments; but collectively, as printed in French. If the gauge or they formed an extensive state or body measurement of the vessel were specified politic, exercising powers of sovereignty in one of the two documents concerning concerning matters of commerce. the ownership, it would seem, that conA practicable security for commercial venience might be more consulted and rights had occupied the attention of Han- the credit be equal, according to general seatic functionaries, before the instruc-principles. Particular considerations retions to Mr. Monroe were prepared in respecting tolls, or duties, may have led to America. Those German merchants had such an article in the Danish ordinance. knowledge in their affairs, with dispo- A treaty between the government of sitions to regulate commerce for the bene-Denmark, and the states general of the fit of neutral navigation. To destroy, Netherlands in 1647, contained mutual was not their mode of securing the com- stipulations for having vessels measured mercial interests. If the practical sense exactly and faithfully, according to their of the merchants had been consulted depth, length and breadth; for marking with regard to navigation, such affairs the vessels when so measured; and for might have been ordered better in the drawing up two acts or certificates for United States. One of the great states- each vessel, to be authenticated as menmen in France was the son of a mer- tioned in the treaty. One of the certifichant, and instructed in the business of cates was to be delivered to the comman. merchandize; called to be minister of der of the vessel, and another deposited state, he gave attention to commercial af- with the competent officer of the place fairs, finances, navy. All flourished. A where the vessel was measured. The acknowledged the famous Colbert. His benefits or exemptions stipulated by the

treaty were to be allowed to vessels hav-traordinary association by which the cities ing on board the certificates of their of the Hanse continued an extensive commeasure in due form.

munity for exercising sovereign powers Two documents are recognized in the concerning matters of commerce! Singly law of France. The first, is styled the they belonged to various countries under act of property. This may be compared several governments. Although in the to a contract or bill of sale, acknowledg. exercise of powers of sovereignty, the ed before a public officer and authentica- Hansetowns as such did not compose one ted accordingly. The second is the act nation. Accordingly a character of neuof francisation, which is analogous to a trality is observed particularly in the Hancertificate of registry. These two docu-seatic policy relative to navigation. ments concerning the ownership have been required on board a French vessel. The law to this effect in France is explicit.

The mate, the boatswain, the clerk, must be natives of a Hanseatic town, or must have been naturalized there before the declaration of war. According

are Hanseatic.

With regard to vessels for neutral com. merce, there is a marked distinction in favour of Hanseatic citizens as to officers on board. No person, unless entitled to the In the United States, the certificate of privilege or immunity of citizenship, is registry for a vessel owned by citizens as admitted to have the command of any such prescribed by law, is well known to per- vessel on proceeding to sea. And the sons skilled in commercial concerns. For like principle is observed in relation a first registry of any vessel built within to subordinate officers for the sea serthe United States, it is necessary to pro-vice. duce a certificate from the principal carpenter, describing the vessel as built under his direction, and specifying where, when, and for whom it was built. When a regis-ly the official rights on board the vessti tered vessel is transferred to any citizen or citizens, a written instrument in nature of a bill of sale, reciting the certificate of registry, must be produced before the title of the new owner or owners is registered. Accordingly, such evidence, is implied in a certificate of registry granted under the laws of shipping in the United States. And an act approved by president Washington, authorized the form of a passport for a registered vessel going to any foreign country. Before such pass-sel, it may be recollected the law of Engport is furnished by the collector for the district of the customs where the vessel may be, it is requisite for the master to give bond with security, that the passport shall not be used for any other vessel, and that in case of sale of the vessel, the passport shall be delivered up to the collector from whom it was received.

A character of neutrality is regarded with reference to the crew. Here, the distinction is marked in favour of natives of a Hanseatic town or of a neutral country: Or, in case of natives of a country at war,

they must have been naturalized before the war. Two thirds of the crew must be such Hanseatic or neutral people.

For giving English character to a ves

land, before the treaty of Utrecht, had required the master and three fourths of the mariners to be of that country: And the officers under the master have been comprehended as mariners according to their law. As the Hanseatic law has required all the subordinate officers beforementioned, and two thirds of the crew to In considering the CHARACTER OF THE be Hanseatic or neutral, the proportional OFFICERS AND CREW-call to mind the na-effect in practical navigation, may be conture of the Hanseatic institution; that ex-sidered as nearly co-inciding with the rule

of three fourths of the whole number on board under the master.

What is the actual policy of the cabinet with reference to the officers and crew of a private vessel? The pretension, about which this country is kept involved in maritime warfare, does not require the employments of native or naturalized citizens under the master. It is so far from requiring any of them to be native or naturalized people that it does not require them to be neutral. Every person employed on board under the master, may be the subject or citizen of a foreign and belligerent prince or state. Such in effect was the pretension contained in the instructions to Mr. Monroe, as representing the government of the United States after 1803. Such in effect has been the pretension in continuing this wonderful war by sea. And such is the pretension; hotwithstanding the multiform legation beyond the Skaw.

In manifestation of the character of the officers and crew as Hanseatic or neutral, there has been required a muster-roll of the people. This was to be made out by a public officer, with remarks concerning the country of the officers and crew of the vessel. And accordingly the document was to be signed and authenticated in forth of a governmental act.

burgh, when free from the pressure of French restrictions, can state specifically the Hanseatic documents for manifesting the neutral character in navigation.— They can detail particulars as to identifying the persons, and ascertaining the country of the officers and crew. They can mention precautions observed for guarding against fraudulent pretensions.— And they could give practical information concerning the credit and faith reposed in the documental evidence, which the German nrerchants have judged proper for securing the benefits of fair neutrality in navigation.

No. IV.

That Columbus might undertake his voyage of discovery, Isabella of Castile has offered her jewels.

The last years of the fifteenth century opened a new scene to the human race, in

presenting a passage round the Cape of Good Hope to the East Indies, with the discovery of a world on the west of the Atlantic ocean. And the general progress towards a new cast of human affairs is observable in the seventeenth century. The papal and feudal empires had been seen by Christendom in their full pomp of territorial prerogative. A vast theatre was open for new exhibitions of enterprize, industry, arts, arms, laws. Ocean formed the stage. The ordering of maritime commerce, as well as naval force attracted the attention of governments; and principles of maritime legislation began to be unfolded.

It has been made the duty of the commander of the vessel to have on board the prescribed documents, as well concerning the character of the officers and crew, as concerning the Hanseatic ownership.And it has also been made his duty to exhibit such documents, as necessary for ascertaining the ownership of the vessel, and the country or character of the navigafors. In a word, according to the Han-adopted measures for distinguishing beseatic policy, the rights of the owners and navigators of a private vessel, ought to be made known, for the purpose of being respected on the ocean.

Intelligent persons acquainted with commercial affairs as regulated at Ham

In England, amidst ecclesiastical and political troubles, maritime concerns were regarded by those who exercised the powers of government in 1650 and 1651. They

tween English people and strangers, with regard to the ownership of vessels, and in favour of interests of the English. The more important provisions were incorporated into the statute concerning shipping and navigation in 1660, which suffered no

وال

Scotland.

vessel in trade to enjoy the privileges of merce by situation and habitude, he had English character, unless owned entirely his own consent for yielding obedience to by English people, and having the master a foreign master, as supereminent in emand three-fourths of the mariners at least pire, and he sent to Rome a public minisEnglish. If any officer of the customs ter, to tender the homage of his submission should allow the English privileges to any with his desire of a conventional reconship coming into port and making entry of ciliation, in the year 1687. In the same goods, "until examination whether the year, Lewis the fourteenth of France quarmaster and three-fourths of the mariners relled with the Pontiff, and would not rebe English," he was to be put out of office. relinquish the claim relative to quarters for With maritime commerce naval force his minister at Rome, although he had rewas regarded. A system of signals for voked the edict which was given at naval service was introduced, and express Nantes by Henry the Fourth. The suf rules concerning the discipline and go-ferings of the French Hugonots increased vernment of the navy were established by the apprehensions of England and Scotlaw, before James the Second was seen land. It was not for such a country to be tottering on the throne of England and governed by the narrow-minded and tyWhile duke of York, he had rannical policy of James the Second. His sustained the office of admiral with ap-flight, in 1688, announced the protestant plause. Among the officers who served and commercial victory over papal and under his command, was the father of feudal pretensions. In effect, the great William Penn, a name so dear to the struggle between privilege and prerogative, peaceable society of Friends, and so ap-the struggle of blood on that island was plauded by Montesquieu in his spirit of decided. laws. Regard for the memory and meNotwithstanding domestic intrigues, rits of his father, in divers services, and amusements, factions, frivolities, battles, particularly under James duke of York, the government of France is seen giving in that signal battle against the Dutch attention to maritime concerns soon after Heet, in the year 1665, was among the the peace of Westphalia. Vessels of any declared considerations for granting to of the French were not to go out of the William Penn, the tract of country which realm on long voyages or otherwise, (en received the name of Pennsylvania by voyage de long cours ou autrement) without letters patent in 1885. The recollected official documents permitting their deparservices of James, while at the head of a ture, under pain of being treated as piratinaval force, with the persuasion of his ho-cal. Before departing the masters were nourable regard to truth, had their influence in his favour, in 1685, when he was acknowledged successor of Charles, who had been used as a purchased instrument for French convenience. But the manly spirit, the generous patriotism of a seaman did not mark the conduct of James at the And the affairs of the marine were orderhead of a nation. Arbitrary in governed with such ability, that a French fleet ment, he displayed a character of bigotted drew the attention of Europe by relieving obstinacy. He insulted the authority of Messina in 1676, and riding undisputed the law, and offered outrage to principles masters of the Mediterranean. of freedom and social order. Claiming to The government of France took counbe monarch of a people disposed to com-sel from a statesman who had knowledge

to deliver at the office the names, surnames, and abode of those of their companies (demeure de ceux de leurs equipages) without concealing any one of them. A declaration in 1650, announced a regulation to this effect.

in commercial affairs. It was the famous] Commissioners of the classes, in pur Colbert who countersigned the regulation suance of an edict given in August, 1673, given at Strasburg the 24th of October, were officers charged with the general en1081. The distinction between French-rolment of seafaring persons within the men and strangers, with regard to the maritime provinces of France. The enownership of vessels was strongly marked rolment was to contain the names of every by that regulation. And the eighth arti- one of the officers, marines and sailors, cle required the names, age, abode and their age, stature, hair, and other distincountry (les noms, age, demeure, et pays) guishing particulars, (leur age, leur taille, of the officers, mariners and sailors of each port, et autres signes) with their abode and vessel to be made known at the office of profession. And the persons as enrolled maritime affairs called greffe de l'Amiraute. under the edict of 1673, were to be distriNo official document permitting the ves-buted into classes, so that they might be sel's departure was to be granted, unless employed alternately or by turns, each of the commander with the other officers and them, one year in the service of governtwo-thirds of the crew were French actu-ment, and two years in the merchant serally dwelling in the realm. (Francois ac-vice. They were so bound by the genetuellement demeurans dans le royaume.) ral enrolment that they were not to

The celebrated ordinance of the marine change condition or abode without declargiven at Fontainbleau in August, 1685, ing it to an officer of the classes. And the and countersigned by Colbert, had requir-edict required the seafaring persons as so ed the commander of a vessel to have in-enrolled, to present themselves, in the scribed on a book or register in his keep-year of their service, at a port or marine ing, the names of the officers and sailors, arsenal, according to the call which should the conditions of their engagement, and be made from government. On failure of his payments to them; and before depar-attending within the time, they were puture, to give the names, surnames, and nishable as deserters.

abode of the people of his company. All When a commissioner or officer of the this has been considered as substantiated classes, furnished the formal document parby means of the document called role d' ticularising the persons who were to be equipage. included in the complement for any vesThis document was to be furnished by sel in the merchant service, this act rean officer of the classes; and the com-cognized the propriety of employing them mander of the vessel was to deposit a du-on board. For no person was to be so plicate in form at the office of maritime employed in the merchant service during affairs; without which he was not to re- the year in which he was holden for the ceive from the office the papers necessary service of the government. And accordfor his departure. ing to the edict of 1673, an exact roll of

One of these papers was the permission seafaring persons included in the vessel's officially granted for a vessel to leave port complement, was to be deposited at the and put to sea. In effect, it was a clear-office of maritime affairs, before departure. ance in case of a vessel bound on a long The roll of equipage for a private vesvoyage, and was called conge. This name sel, (rôle d'equipage) according to the was also applied to the permission granted French law, besides mentioning the for a vessel to be employed coastwise; in names, surnames and abode of the captain, which case, it was analogous to a license as known in the coasting trade of the U. States.

officers and sailors, novices and boys, described the persons particularly, and also made mention of the rate of their allow