parties have thus solemnly declared; what sense it is that they have thus permanently affixed to a term so frequently recurring in the practice and law of every civilised nation, and so intimately connected with the exercise of our naval rights as that of contraband of war."

APPENDIX IV. PAGE 49.

CATALOGUE OF TREATIES RELATING TO THE OPENING OF PORTS USUALLY CLOSED TO FOREIGNERS.

(See Relâche Forcée, Index Explicatif, De Martens et De Cussy, Recueil de Traités, &c., t. i. p. 42.)

AUSTRIA and Spain, 1725.

66 and France, 1841.

66 and Russia, 1785.

*Columbia and the North American United States, 1724.

[*499] Denmark the Two Sicilies, 1748.

66 and Spain, 1741.

Spain and Great Britain, 1665, 1667, and 1670.

66 and Holland, 1648, 1650, 1714.

66 and Morocco, 1789 and 1799.

66 and the Ottoman Porte, 1782 and 1827.

and Portugal, 1715.

66 and Tripoli, 1784.

(( and Tunis, 1791.

66 and Hanseatic Towns, 1648.

United States of North America and Central America, 1825.

and Great Britain, 1794 and 1806.

and Prussia, 1785, 1799, and 1828.

and Tunis, 1797.

and Sweden, 1783 and 1816.

and Tripoli, 1796 and 1805.

France and Spain, 1768 and 1786.

66 and The United States, 1606 and 1800.

and Holland, 1662, 1678, 1697, 1713, 1789, 1829, and 1840.

and Great Britain, 1606, 1686, 1713, 1786, and 1826.

and Sweden, 1829.

and the Ottoman Porte, 1535, 1569, 1581, 1604, 1673, and 1740. and Portugal, 1835.

and Russia, 1787.

and Sardinia, 1838 and 1843.

Great Britain and Russia, 1843.

Morocco and Holland, 1663 and 1752.

Holland and Sweden, 1679.

66 and Tunis, 1662 and 1713.

*APPENDIX V. PAGE 87.

[*500]

RECOGNITION OF EUROPEAN INTERNATIONAL LAW BY TURKEY.

(Extract from "The Morning Chronicle,” April 20th, 1854.)

THE Journal de Constantinople, of the 5th, publishes two interesting documents. The first is a reply from Reschid Pacha, dated the 1st, to a note of M. Metaxa, the Greek Ambassador. It is as follows:

"I have read the note of the 26th ult, in which you communicated to me your intention to quit this city. As the Government of the Sublime Porte has not obtained from that of Greece a sufficient satisfaction for its just claims, and as the chargé d'affaires of the Porte must have quitted Athens according to his instructions, it is natural that you should quit this capital. I send your passports, therefore, as you request. As from this day the diplomatic and commercial relations between the two Governments have ceased, it has been decided that the persons connected with the Greek Embassy residing here, and also the Greek Consuls in the different provinces of the empire, shall immediately return to their own country. The merchants and other subjects of the Greek Government established in Turkey are also to leave Constantinople; but in order that their interests may not suffer, a delay of fifteen days from the present day is accorded to them. As to those who reside in the provinces of the empire, the delay of fifteen days will reckon from the day on which they receive notice to leave. It results from positive proofs that it is not in consequence of negligence, but through the toleration of the Greek Government, that the Turkish provinces bordering on Greece have been. invaded. Although the Imperial Government has incontestably the right to stop and confiscate all the Greek vessels in its ports, as a guarantee for the repayment of the expense to which it has been put, his Imperial Majesty the Sultan, my august sovereign, does not think it will be consistent with his feelings of justice and moderation to make the

owners of these vessels suffer for a question which regards the Greek Government. When the latter shall have returned to more just sentiments, and have taken into consideration international rights and the law of nations, the claims for these expenses will be examined. All Greek vessels therefore may, without hindrance, leave for Greece, within the delay specified. Orders have been given to all functionaries to facilitate the departure of those *Greek subjects who are poor and des[*501] titute, and as much as possible to exercise indulgence towards those who are sick and infirm. I think it my duty to repeat once more, that it is the Greek Government alone which has given rise to this decision, and that the entire responsibility of it must fall upon Greece. In making this communication by order of His Majesty the Sultan, I take the opportunity of renewing to you the assurance of my distinguished consideration.

"RESCHID."

APPENDIX VI. PAGE 108.

CATALOGUE OF PRINCIPAL TREATIES AND MANIFESTOS BETWEEN CHRIS

.

TIAN POWERS AND MOROCCO, TRIPOLI, TUNIS (Régences Barbaresques).

SINCE 1830, Algiers has become a French colony, and Consuls of foreign nations are resident there. The principal Treaties before this epoch range themselves between 1760 and 1830.

Morocco.

Great Britain and Morocco, 28th July, 1760. 24th May, 1783. Treaty between Holland and Morocco, concerns all Christian nations, especially England and Spain, 15th May, 1786. 8th April, 1791. 14th June, 1801. Explained and renewed by, 19th January, 1824.

France and Morocco, 28th May, 1767. Additional articles by Treaty of, 27th May, 1824. 16th September, 1836. 10th September, 1844. Denmark and Morocco, 25th July, 1767.

Holland and Morocco, 29th June, 1777. 15th May, 1786 (vide supra). 2nd December, 1791.

Tuscany and Morocco, 6th February, 1778.

North American United States and Morocco, 1st January, 1787. 16th September, 1836.

Spain and Morocco, 20th October, 1789. 1st March, 1799. 6th May, 1848.

Tripoli.

Tripoli with Great Britain, 22nd July, 1762. 10th May, 1812. 17th April, 1816. 29th April, 1816, as to the Ionian Islands. 8th March, 1818, declaration of the Bey.

*Tripoli with France, 12th December, 1774. 29th June, 1793. 19th June, 1801. 11th August, 1830.

Tripoli with Spain, 10th September, 1784.

[*502]

66 with North American United States, 4th November, 1796.

with Prussia, Firman of the Ottoman Porte, September, 1803.

with Kingdom of Two Sicilies, 29th April, 1816.

66 with Sardinia, 29th April, 1816.

Tunis.

Tunis with Great Britain, 22nd June, 1762. 2nd May, 1812. 16th October, 1813, as to the Ionian Islands. 17th April, 1816, Declaration of the Bey. 19th October, 1816, the same. 28th May, 1822, as to the right of a certain tax on imported rice. 1st January, 1824, Declaration of Bey. 7th January, 1824, same. 9th September, 1825. 13th April, 1824, Declaration of Bey.

Tunis with France, 21st May, 1765. 13th September, 1770. 3rd June, 1774. 25th May, 1795. 23rd September, 1802. 15th November, 1824. 9th August, 1830. 24th October, 1832, as to Coral Fishery.

Tunis with Spain, 19th July, 1791.

with North American United States, August, 1797. 24th

February, 1824, modifying, 1797.

with Sweden, 1764, renewing Treaty of 1736.

66 with Prussia, Firman of the Ottoman Porte, 1803.

66 with Kingdom of Two Sicilies, 17th April, 1816.

66 with Sardinia, 17th April, 1816. 22nd February, 1832,

(Extract from the Commentaries of Donellus.

(lib. iv. c. iv. p. 334.)

De usucapionibus longi temporis præscriptionibus, &c.)

“POSTREMO etiam privatâ traditione res alienæ invitis dominis ad nos transeunt jure civili, si usus et justa possessio diuturnior accesserit. Sic enim res quæruntur jure civili per usum et possessionem. Hanc acquisitionem nunc referimus *inter eos modos quibus invito dominio acquisitio contingit: et rectè. Nam et res ita habet, ut quamvis [*503] dominus, nolit rem suam usucapi ab eo, qui eam bonâ fide possidet, tamen per statutum tempus possessa, possessori acquiratur, ut postea dicetur. Juris quidem interpretatione usucapio alienationis species habetur; quasi existimetur alienare, qui patitur usucapi (l. alienationis. D. de verb. SEPTEMBER, 1854.-24

significat.), Quâ ratione et inter genera alienationis usucapio recenseri solet in ratione dominii amittendi, de quo sou loco, sed ductum hoc est ex eo, quod videtur, et quod ut plurimùm accidit: quando quidem existimatur unusquisque scire res suas, et a quo possideantur, et cum sciet, posse interrumpere usucapionem rem suam repetendo. Verùm hoc non semper ita fit. Quid enim, si heres ignoret res aliquas hereditarias, quæ ab alio possidentur? Quid si sciat dominus rem suam ab aliquo possideri, sed non audeat cum eo contendere judicio, quia ejus potentiam metuat? Quid, si ideo non interpellet possessorem, quia in jure errans putet nihilominus sibi jus suum semper salvum manere? In quibus omnibus nemo dicet, si res usucapitur aliter quàm invito domino, possessori acquiri. Constat tamen acquiri. Hoc ergo sentio, etsi ita res possideatur invito domino, tamen si possideatur per legitimum tempus, impleri usucapionem proinde et acquisitionem invito domino: quæ ideo ad hunc locum pertinet." (t)

APPENDIX VIII. PAge 397.

RIGHT OF JURISDICTION OVER PERSONS AND THINGS.

16 & 17 Vict. c. 107.—An Act to amend and consolidate the Laws relating to the Customs of the United Kingdom and of the Isle of Man, and certain Laws relating to Trade and Navigation and the British Possessions. [20th August, 1853.]

"SEC. 150.—The following good smay, by Proclamation or Order in Council, be prohibited either to be exported or carried coastwise :-arms, ammunition, and gunpowder, military and naval stores, and any articles. which her Majesty shall judge capable of being converted into or made useful in increasing the quantity of military or naval stores, provisions, or any sort of victual which may be used as food by man, and if any *goods so prohibited shall be exported from the United King[*504] dom, or carried coastwise or be water-borne to be so exported or

carried, they shall be forfeited.”

In accordance with the provisions of this Statute, soon after the breaking out of the present war with Russia (Saturday, February 18, 1854), the Queen issued the following Proclamation :

"BY THE QUEEN-A PROCLAMATION. "VICTORIA R.

"Whereas, by the Customs Consolidation Act, 1853, certain goods may be prohibited either to be exported or carried coastwise; and whereas We, by and with the advice of our Privy Council, deem it expedient and necessary to prohibit the goods hereinafter-mentioned either to be exported or carried coastwise; We, by and with the advice aforesaid, do

(t) Hugonis Donelli Comment. de Jure Civili (Franco. 1589), lib. iv. c. iv. p. 334.