law of Europe, and the general rule laid down by some of the later publicists is in conformity with this relaxation. (Kent, i. 63-4.)

"The sovereign declaring war," says Vattel (ubi sup. s. 63), "can neither detain the persons nor the property of those subjects of the enemy who are within his dominions at the time of the declaration. They came into his country under the public faith. By permitting them to enter and reside in his territories, he tacitly promised them full liberty and security for their return. He is, therefore, bound to allow them a reasonable time for withdrawing with their effects; and, if they stay beyond the time prescribed, he has a right to treat them as enemies, -as unarmed enemies, however. But if they are detained by an insurmountable impediment, as by sickness, he must necessarily, and for the same reasons grant them a sufficient extension of the term. At present, so far from being wanting in this duty, sovereigns carry their attention to humanity still further; so that foreigners, who are subjects of the state against which war is declared, are very frequently allowed full time for the settlement of their affairs. This is observed in a particular manner with regard to merchants." So long since as Magna Charta, it was provided that foreign merchants who were within the realm at the time of the commencement of the war-domiciled there-though attached, "without harm of body or goods until it be known how English merchants are treated by the enemy, shall be safe and well treated here, if our merchants are safe and well treated with them." So, the judges in the time of Henry the Eighth declared, that if a Frenchman came to England before the war, neither

his person nor his goods should be seized; and, again, the Statute of Staples (27 Edw. 3, c. 17) gave licence to foreign merchants residing is England when war commenced "to have convenient warning of forty days, by proclamation, to depart the realm with their goods; and if they could not do it within that time by reason of accident, they were to have forty days more to pass with their merchandize, and liberty in the mean time to sell the same." The United States of America, by Act of Congress (6th July, 1798, c. 73), adopted the same humane and enlightened policy. (The Anne Green and Cargo, 1 Gall. 292.) The Judges of the Supreme Court, in the case of Brown v. The United States (8 Cranch, 110), seem to have restored the ancient and sterner rule, so far as that country is concerned, (see also The Emulous, 1 Gall. 573). The principle upon which the British Government is prepared to act during the present war has been thus indicated by Lord Clarendon, who, in answer to a deputation of Russian merchants, on the 21st of March, 1854, stated "that the Government are disposed to respect the persons and property of all Russian subjects residing as merchants in this country to the full extent promised by the Emperor of Russia towards British subjects, and that all necessary measures will be adopted to enable them to remain unmolested in the quiet prosecution of their business,"

Even "where the intervention of hostilities puts the property of the enemy in such a situation that confiscation may ensue, unless some step is taken for that purpose, unless there is some legal declaration of the forfeiture, the right of the owner revives on the return of peace. This is an acknowledged prin

ciple in the Courts of Common Law, borrowed in all probability from the general law of nations." (Lord Stowell, in the Nuestra Senora de los Dolores, Edwards, 60.)

"On the breaking out of a war, the citizens of a country are not bound to return home from countries other than those of the enemy, unless by the order of their government. But as to citizens in a hostile country, the declaration of war imports suspension of all further commerce with such country, and obliges them to return, unless they would be involved in all the consequences of the hostile character." (The Joseph, 1 Gallison, 551.)

In the case of the present war with Russia, a term of six weeks was allotted by the Queen, within which her subjects, resident in Russia, were to return to England, and the following declaration was issued with respect to Russian vessels in English ports:"At the Court at Buckingham Palace, the 29th day of March, 1854,

"Present-The Queen's Most Excellent Majesty in Council.

"Her Majesty being compelled to declare war against his Imperial Majesty the Emperor of all the Russias, and being desirous to lessen as much as possible the evils thereof, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, that Russian merchant vessels, in any ports or places within her Majesty's dominions, shall be allowed until the 10th day of May next, six weeks from the date hereof, for loading their cargoes, and departing from such ports or places; and, that such Russian merchant vessels, if met at sea by any of her

Majesty's ships, shall be permitted to continue their voyage, if, on examination of their papers, it shall appear that their cargoes were taken on board before the expiration of the above term; provided, that nothing herein contained shall extend, or be taken to extend, to Russian vessels having on board any officer in the military or naval service of the enemy, or any article prohibited or contraband of war, or any despatch of or to the Russian Government.

"And it is hereby further ordered by her Majesty, by and with the advice of her Privy Council as aforesaid, that any Russian merchant vessel which, prior to the date of this order, shall have sailed from any foreign port, bound for any port or place in her Majesty's dominions, shall be permitted to enter such port or place, and to discharge her cargo, and afterwards forthwith to depart without molestation; and that any such vessel, if met at sea by any of her Majesty's ships, shall be permitted to continue her voyage to any port not blockaded.

"And the Right Hon. the Lords Commissioners of her Majesty's Treasury, the Lords Commissioners of the Admiralty, and the Lord Warden of the Cinque Ports, are to give the necessary directions herein as to them may respectively appertain.

"C. C. GREVILLE." The French Government issued the following order on the same subject :

"Art. 1. A delay of six weeks, dating from this day, is granted to Russian trading vessels to leave French ports. Consequently, Russian trading vessels actually in our ports, or those which, having left Russian ports before the declaration of war, shall

enter French ports, may enter and complete their cargoes up to the 9th of May inclusively.

"Art. 2. Such of these ships as should be captured by French cruisers, after having left the ports of the empire, shall be let free, if they can prove by their papers on board that they were making direct for their port of destination, and had not been yet able to reach it. (Signed) "DROUYN DE LHUYS."

"March 27, 1854."

ALIEN ENEMY.

An alien enemy is a person under the allegiance of the state at war with us. (Per Eyre, Ch. J. in Sparenburgh v. Bannatyne, 1 Bos. & Pul. 173.) A distinction has been taken between a permanent and a temporary alien enemy. A man is said to be permanently an alien enemy, when he owes a permanent allegiance to the state at war with us, his hostility being as permanent as his allegiance, beginning at the commencement of his country's quarrel, and concluding only with the termination of the dispute; but he, who does not owe a permanent allegiance to the state at war with us, though he be himself engaged in actual combat against our forces, is not to be deemed a permanent enemy, for his hostility endures no longer than his own individual interest or convenience may continue it. "A neutral," said Lord Chief Justice. Eyre, "can be an alien enemy only with respect to what he is doing under a local or temporary allegiance to a power at war with us; when the allegiance determines, the character determines. He can have no