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The reasoning in the letter of our late envoys to France is so fully supported by the writers on the law of nations, particularly by Vattel, as well as by his great masters, Grotius and Puffendorf, that nothing is left to be desired to settle the point that if there be a collision between two treaties made with two different powers the more ancient has the advantage, for no engagement contrary to it can be entered into in the treaty afterwards made; and if this last be found in any case incompatible with the more ancient one its execution is considered as impossible, because the person promising had not the power of acting contrary to his antecedent engagement.
It was not many hours before the sloop-of-war, having hauled her wind, was off the harbor, lying off and on; and the captain, in full uniform, his mouth filled with menaces and denunciations of British vengeance, and his cranium well crammed with quotations from Vattel, Grotius, Puffendorf, and other venerable worthies, was on his way to the shore in a state of great excitement.
These views and principles he thus illustrates: "The duty of commercial intercourse between nations is laid down in terms sufficiently positive by Vattel, but he afterwards qualifies it by a restriction, which, unless itself restricted, annuls it altogether.
Vattel has nothing on the subject of watering belligerents, or neutrals, and the laws of Congress compel me to carry so many gallons to the man. If you will take it in the way of a nightcap, however, and drink success to our run to America, and your own to the shore, it shall be in champagne, if you happen to like that agreeable fluid."
Well, what do you suppose was done in the premises, as Vattel says, my dear young lady?" Eve's eyes were still on the grand and portentous aspect of the heavens, but she civilly answered, "No doubt they sent to a shop and purchased a sample." "Not they; they knew too much for that, since any rogue of a grocer might cheat them.
Green, and green enough you are, if you lay down that doctrine," interrupted Captain Truck, "in which neither Vattel, nor the revised statutes will bear you out. A passenger cannot remove his effects from a ship, until his passage be first paid." "That, sir, I dispute, in a question affecting the king's revenues.
His old, familiar room looked strange to him to-night. A tall bookcase faced him. He went across and stood before it, staring through the diamond panes at the backs of the books. Here were his Coke and Blackstone, Vattel, Henning, Kent, and Tucker, and here were other books of which he was fonder than of those, and here were a few volumes of the poets.
If I believe, Leach, that Vattel will bear the fellow out in it, even if there has been a whole hogshead of the leaves trundled into his island without a permit!" To this Mr. Leach had no encouraging answer to make, for, like most of his class, he held practical force in much greater respect than the abstractions of books.
For that matter, there is little that can be said on a subject that he does not put before his readers, as plainly as Beachy Head lies before the navigator of the British Channel. With Bowditch and Vattel, a man might sail round the globe, and little fear of a bad landfall, or a mistake in principles.
I do not know that we are in possession of them exactly according to the law of Africa, for of that code I know little; or according to the law of nations, for Vattel, I believe, has nothing on the subject; but we are in possession so effectually, that, barring the nor'-westers on the American coast, I feel pretty certain of keeping them until we make the East River."
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