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Graduates of colleges and scientific schools in good standing are admitted without examination. All persons other than such graduates must be eligible for admission to the Sophomore Class of the College, or present the academic diploma of the Regents of the State of New York, or a certificate acceptable to the Regents in lieu thereof. Beginning with the academic year 1903-1904 no person will be admitted to the School except graduates of colleges and scientific schools in good standing, or persons presenting satisfactory evidence of equivalent training. For circulars containing full information address the Secretary, Columbia University, New York City. COLUMBIA LAW REVIEW. VOL. I. MARCH, 1901. No. 3. THE LAW OF PRIZE AS AFFECTED BY DECISIONS UPON CAPTURES MADE DURING THE LATE WAR BETWEEN SPAIN AND THE UNITED STATES.* THE HE Constitution of the United States of America was framed at a time when the influence of Montesquieu was commanding. The theory of the separation of the three Departments of Government, Executive, Legislative and Judicial, is one of the points most insisted upon by the great French jurist. The United States Constitution provides for such a separation. Some of the features of this Constitution have been modified by the stress of unexpected situations that have developed in the history of the Republic. But the theory before mentioned has been closely adhered to. Neither in the central Government of the United States, nor in those of the separate States composing the Federation, is there any such thing as a responsible or parliamentary government. And in all the jurisdictions, whether of the Federal or State Courts, the right and the duty of a court to annul a statute which has passed all the forms of legislation, on the ground that it is in violation of the fundamental law or Constitution of the country is well recognized, and has been from the foundation of the Government. I am far from suggesting that this absolute independence of the judiciary is objectionable. At the same *A paper read before the Rouen Conference of the International Law Association, 1900. time it must be admitted that it sometimes puts the Executive in a trying position. It is quite possible, and has indeed sometimes happened, that in the administration of foreign relations the Executive has determined upon a certain line of policy, which the courts in cases coming before. them for adjudication have refused to enforce. This has been notably true in questions arising in reference to the rights of neutrals and the law of prize and of blockade. The policy of the Executive in dealing with these questions has been far more liberal than one would suppose from reading the decisions of the courts of justice. This is in large measure to be attributed to the fact that the law of the United States has for its foundation the law of England, and that the decisions of the English courts have always been cited with great respect in the tribunals of America. Indeed the jurisprudence of the United States is based upon English authorities to a much greater extent than any one would suppose possible, who had not been a careful student of American law. During the struggle between Napoleon and the older Governments of Europe, including that of Great Britain, the extent of the rights of neutrals became the subject of frequent discussion in prize courts. The necessities of the conflict compelled both sides to take ground in reference to foreign trade, which nothing but necessity could justify, or excuse. The policy of the British Government on this subject as it existed at the time found expression, not only in the celebrated Orders in Council, but in the judgments of the British prize courts. The Kingdom of Great Britain was fortunate in having for many years as the Judge of the Court of Admiralty Sir William Scott, afterwards Lord Stowell. He was a man of extensive learning, of ex traordinary vigor and acuteness of intellect, and the luminous style of his judgments makes them models of judicial expression. These judgments were read in America, and became the foundation of the law of prize as administered in the courts of the United States. These courts during the Civil War between the Northern and Southern States of the Union realized the necessity of enforcing the law of blockade with the utmost strictness. The decisions of Lord Stowell were adopted as precedents. |