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PRELIMINARY OBSERVATIONS.

Asformerly intimated, this second volume has been divided into two parts, embracing the two remaining periods of the history of Maritime international law, which elapsed -the one from the peace of Amiens in 1801, to the general peace in 1815; the other, from that happy event to the present times.

In the first of these periods, the chief object of investigation is, the actual administration of Maritime international law during war, unfortunately marked by too many deviations from the genuine principles of that law. And the multiplicity of events in the course of that period, has made it proper, for the sake of perspicuity, to divide it, although short, compared with the preceding periods of our historical sketch, into still shorter periods, such as from 1801 to 1803, from 1803 to Nov. 1806, from 1806 to 1812, and from 1812 to 1815.

In the course of these periods, there were great variations in the administration of the Common consuetudinary law; but we do not find much additional or different conventional maritime law, properly so called.

Several maritime states appear to have entered into treaties of commerce and navigation with other maritime states; some confirming, others modifying the common law of nations. And these treaties, which may be found in the Recueil des Traités by Martens, are, of course, to be consulted in the first instance, as constituting the Conventional law of nations, between the contracting parties, while the treaties lasted. But the treaties, into which the French Emperor, in a manner, compelled several of the other European governments to enter, in order to make them co-operate with him, in carrying into effect his continental system, appear to have terminated with the power of Napoleon. And neither the treaties concluded at the peace of Amiens, nor the treaties concluded at the general peace, in the years 1814 and 1815, contained any stipulations or engagements, with regard to the rule "free ship, free goods," or the other rules propounded in the scheme of the armed neutrality.

Although, however, the Common law of nations was not materially affected by any treaties or conventions during this period, reports of various important judicial determinations, various important systematic works and controversial pamphlets appeared, in the maritime department of that law. And, to the analytical review of the more important of these treatises, separate chapters or sections have been allotted, as well as to the shorter divisions of the period to be now surveyed.

In the concluding period, from the General Peace in 1815, to the present times, we have little additional, either new or renovated, Conventional maritime international law, peculiarly applicable to the state of war. Nor, happily, during this period, has there been occasion to resort to the administration of the Common consuetudinary law of nations, applicable to a state of war, so as

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