II. on a bill to ascertain the jurisdiction of the Court of Admiralty. (Note 6.) 12. Judge Cooper's Opinion "On the effect of

a sentence of a Foreign Court of Admiralty." Phila. 1810. (Note 7.)

ROPE.

NOTES ON THE NINTH TITLE.

(Note 1.) AZUNI ON THE MARITIME LAW OF EUIn this very interesting work are disclosed, in a lucid, systematical, and erudite, but perhaps too oratorical manner, the reciprocal rights and duties of nations in relation to maritime commerce. This highly important branch of international law is, perhaps, no where treated with so much ability, and certainly by no one with so much scientifick regularity and fulness. Perhaps in the whole Bibliotheca Legum, there is no work which points out so particularly the sources of information on the subject of maritime jurisprudence, as this work of M. Azuni. As an elementary work, presenting a clear and comprehensive outline of a very extensive subject, no work with which we are acquainted, can be compared to it. His translator, William Johnson esq. of New-York, to whom the profession are much indebted, remarks that "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 inclination 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 philosophical spirit. His book, therefore,

may be regarded as new, and one that bids fair to be come a standard authority on all questions connected with the laws of maritime commerce and navigation."

The student will find this work highly valuable also, on account of the numerous biographical and bibliographical notices by the author and his transla

tor.

Mr. Johnson's translation was published at New York in 1806 in two volumes 8vo.

(Note 2.) RAYNEVAL DE LA LIBERTÉ DES MERS. We consider this a highly respectable production, and fully entitled to an attentive perusal, although it has many defects, and some opinions to which we cannot subscribe. Many of the questions so often discussed with ability by preceding writers, as the right of search, contraband, enemy property on board of neutrals, right of blockade, freedom of navigation, &c. are ingeniously and satisfactorily treated by him, and in a manner by no means superseded by the other writers whom we have designated in this title. We have recommended only the first volume of this work, as the student can reap but little useful instruction from a discussion on the long agitated and, we may now say, exploded doctrine of mare clausum. In the pages of Selden, Grotius, Bynkershoek, Galliani, Sarpi, Puffendorf, Lampredi, Boxhorne, Pontanus, Wolfius, Heineccius, Pacius, Granswinkel, Strauchius and others, much time has been wasted in elaborate, learned, and ingenious argumentation on mare clausum and mare liberum: and as the interest of the question has considerably subsided, we are of opinion that as little time as possible should be consumed in perusing the written labours of these "war

riours with the pen." The student in the course of his references, and in perusing the books &c. here set down, will acquire as much knowledge on this point as the subject merits. The second volume of M. De Rayneval's work is principally on this subject, and others of little interest to us. Azuni, in his first yolume, part 1st, chapters 2d and 3d, presents a luminous view of this subject; they contain, perhaps, nearly all that an American student needs.

(Note 3.) MARTENS' ESSAY ON PRIVATEERS &C. Azuni, in his work on Maritime Law, page 37, 2 vol. thus expresses himself concerning this treatise."Among the maritime captures which most attracted the attention of Europe, during the last war, may be distinguished that of the rich Spanish register ship Santo Yago, taken 5th April, 1793, by the French, and retaken, nine days after, by the English. The process instituted in England for the restoration of this prize, induced M. Martens, a learned professor in the university of Gottingen, and the distinguished author of several works on publick law, to publish, in 1795, an Essay on Privateers, Maritime Captures, and Recaptures. In the first chapter he traces the history of privateering from the middle ages to the present time; and in the second, makes some rapid observations on the modern rights of privateering, in which he follows the general principles laid down by M. Valin, in his "Traité des Prises," and by Emerigon, in his "Traité des Assurances." The third chapter is divided into two sections, in which he endeavours to establish some theories of the universal, and positive law of nations, on the subject of recaptures. He gives a brief and very imperfect account of the ancient codes of mari

time law, and takes a cursory notice of the laws and treaties of some of the northern powers on the same subject. He passes over in silence the ancient and modern laws of many of the Italian states, of which so ample a view has been given in the first volume of the present work. The essay of M. Martens displays much erudition, which will render it instructive, and highly useful to those who feel interested in the progress of the science of maritime legislation."

(Note 4.) WHEATON'S DIGEST &c. It is matter of no little surprise that in England, where nearly every legal topick has been discussed with much learning and ability, and the law of most subjects perspicuously arranged, no regular treatise or digest on the subject of maritime captures should have been written; especially when we consider the vast importance and interest of this portion of legal science to the British people generally. Since the time of Bynkershoek and Lee, his unworthy translator, this law has been much investigated and improved by the English courts of judicature; and a noble superstructure has been elevated on foundations established by them. It is with real satisfaction that we recommend this production, the growth of our own soil, as it is executed with ability and faithfulness, and cannot fail in proving eminently serviceable to the profession, as the law of this subject, prior to this work, is chiefly to be found in the voluminous productions of the publicists of different nations and languages, and the numerous judicial reports of various countries. Every source of useful and accurate information has been resorted to by this writer, and the work is luminous and sufficiently learned. We consider it decidedly the best American law trea

tise that has come to our knowledge, and no doubt will receive, as it certainly merits, a welcome reception from our trans-atlantick brethren.

(Note 5.) PETERS'S ADMIRALTY DECISIONS. The Admiralty Reports of judge Peters were published in July 1807, and embrace cases occurring between the years 1780 and 1807. The decisions are chiefly those of the hon. Richard Peters, the father of the reporter; some are by the hon, James Winchester, late judge of the district court of Maryland, and others by Francis Hopkinson esq. of Pennsylvania, men of no less varied learning, than deep research in the law. The Appendix to this work is valuable, as it contains the laws of Oleron, Wisbuy, and the Hans-Towns; the ordinances of Louis XIV, a treatise on the rights and duties of owners, freighters, and masters of ships, and mariners; and our own laws relative to mariners. The decisions have been regarded as generally sound, sufficiently learned, and well reported. The student will not fail frequently to consult the decisions of the hon. Thomas Bee, judge of the district court of South Carolina, published in 1810, and by all means Gallison's Reports of Cases in the Circuit Court of the United States for the first circuit, published in 1815; containing the decisions of Joseph Story esq. at present one of the judges of the supreme court of the United States: a station, for which these decisions proclaim him eminently qualified, and which he promises to adorn with the abundant fruits of a vigorous mind, richly improved, and strengthened by the laudable ambition of attaining the highest legal pre-eminence.

(Note 6.) SIR LEOLINE JENKINS'S ARGUMENT &c. We should love to dwell on such names as sir Leoline