In the third division we find such laws or rules, as derive their obligation from long and established use. It is founded on tacit consent. The fourth and last division includes the laws or obligations which flow from express agreement. Like the third it is not a universal law, but obliges only the particular nations that have contracted. "These three last kinds of the law of nations," says Vattel, "viz. the voluntary, conventional, and customary, together compose the Positive law of nations. For they all proceed from the volition of nations; the voluntary law, from their presumed consent; the conventional law, from an express consent; and the customary law, from a tacit consent; all of which should be carefully distinguished from the natural or necessary law of nations." (Note 2.) MARTEN'S COMPENDIUM &c. This small volume contains a great mass of learning on that practical and most important branch of the law of European nations, which is founded on treaties and customs, and which has been denominated by Vattel and others, the positive law of nations. It is among the most valuable of the productions of this distinguished professor of publick law, and for learning, systematick arrangement, and accuracy of definition, is a work of singular excellence. Appended is a list of Treaties, Conventions, Compacts, Declarations, &c. of the modern nations of Europe, from the year 1731 to 1802, with references to the principal works in which they are to be found. This, to use the language of the translator, "is perhaps the most ample, the most accurate, and of course the most useful list of treaties, &c. that is to be met with in any work whatever." It was translated into English by William Cobbett in the year 1802. (Note 3.) VATTEL ON THE LAW OF NATURE &c. This has been, in most countries, a very popular work on the law of nations. Notwithstanding many novel and untenable positions of the new philosophy arè to be found in it, and its opinions on the subject of religion and religious establishments, are to be unhesitatingly condemned as unorthodox, we still perceive so much merit in the production at large, that we do not hesitate to advise its perusal. Vattel is generally a perspicuous and elegant writer; and this work contains so much useful matter, and is so universally read, that to be unacquainted with it would indicate either a want of industry, or an unwarrantable fastidiousness of opinion. In the treatment of his subjects, however, his fulness sometimes degenerates into diffusion; and his reader has arrived at the conclusion, long before his author is willing to part with his demonstration. The preface to this work deserves particular attention, as presenting a clearer idea or definition of the law of nations than had before been given. [Vid. the latter part of note 1 on this title.] Vattel's chapter on "things odious and favourable," a topick connected with the interpretation of laws and contracts, is so far from worthy of that ingenious author, as to have filled us with surprise, that so much contradiction, and even absurdity, should have fallen from his pen. (Note 4.) Du PONCEAU'S BYNKERSHOEK. This valuable accession to our law library was published in 1811 in an octavo volume of two hundred and eighteen pages. It is also to be found in 3 Hall's Law Jour. Bynkershoek never needed an eulogist, PARTICULAR SYLLABUS. TITLE IX. “Maritime Law, and the principles of which it is constituted, are not composed of fanciful opinions, and doubtful systems. This law rests on the general basis of the law of nature and nations, on the positive regulations of the conventional law of Europe, and on those usages established among nations by necessity, the utility of which has been proved by long experience, and on which time has impressed a venerable character that commands our respect. In this manner, many rules that derive the force of legal authority from the tacit consent of nations, have been insensibly established. It is this tacit consent, that gives validity, and binding force to the European law of nations.". .....AZUNI. "The Maritime Law is not the law of a particular country, but the general law of nations."....LD. MANSFIELD. THE MARITIME AND ADMIRALTY LAW. 1. Azuni on the Maritime Law of Europe. (Note 1.) E. 2. Rayneval De la Liberté des Mers. (The first volume only.) (Note 2.) E, 3. Barton's Dissertation on the Freedom of Navigation, and Maritime Commerce. 4. De Marten's Essay on tures, and Re-captures. 5. Wheaton's Digest of the Privateers, Cap(Horne's trans(Note 3.) Law of Maritime Captures and Prizes. (Note 4.) 6. "Of the Court of Admiralty." [1 vol. Bacon's Abridgment.] 7. Brown's Admiralty Law. [The 2d vol. of his work, entitled "A compendious view of the Civil Law, and of the Law 8. Peters's Admiralty Reports. (Note 5.) MISCELLANEOUS. E. 1. Postlethwayte's Dictionary, title "Sea, Dominion of." 2. The Duke of Newcastle's Letter to Mon. Michell, in answer to the Prussian Memorial. Vid. 1 vol. Collectanea Juridica, 129. 3. The Communication of Sir Wm. Scott and Sir J. Nicholl to Mr. Jay, on the general principles of proceeding in prize causes in British Courts of Admiralty &c. [This may be found in the Appendix No. 1 to Wheaton's Digest, or in the Appendix to the American edition of Chitty's Treatise on the Law of Nations.] E. 4. Dr. Croke's Opinion, in the case of the Herkimer, on the rights and powers of captors and prize agents over captures and proceeds, before final sentence. Hall's Law Journal 133. 2 5. Judge Davis's Opinion on a claim for wa ges by the representatives of deceased seamen. 2 Hall's Law Journal 359. E. 6. Dr. Croke's Opinion in the case of the Orion. 4 Hall 505. E. 7. Translation of the 5th title of the 47th book of the Digests, entitled "Of the Ac tion of Theft against mariners, &c." 2 Hall 250. E. 8. Translation of the 1st title of the 14th book of the Digests, entitled "Of the Responsibility of Ship-Owners for the acts of the master, and of the action called "Actio Exercitoria." 2 Hall 462. E. 9. Translation of the 2d title of the 22d book of the Digests, entitled "Of Maritime Loan." 3 Hall 151. E. 10. Translation of the 273d and 287th chapters of the Consolato del Mare. 4 Hall 299. 161. Or vid. Robinson's Collecta nea Maritima. 11. Sir Leoline Jenkins's Argument before the House of Lords in the reign of Charles |