y makes mention, should hesitate to seize a weapon which was
formerly used against them and which they feel the need of using in
return. In neglecting to seize it, they would fail perhaps in their duty
to themselves and to the noble cause of which they are the
representatives.

There is finally a last and more simple manner of avoiding an
embarrassing examination: "What is the use of examining precedents?" we
hear on every side, "This is not a matter for legal advisers." It
appears to me, however, that it is something of the kind, since Great
Britain has begun by interrogating the lawyers of the Crown, and since
she has made peace or war depend on the decision which they might
render. It would be too convenient, truly, to take exception to
precedents made by one's self, and to say to those who act as he has not
ceased to do: "I permit no one to imitate me; what I practised in times
past, I authorize no one to practise to-day. I have not apprised you of
this, but you ought to have divined it, and for not having divined it,
you shall have war."

Precedents keep then their full value. What are they?

The enemies of America have cited one which has nothing to do here; the
letter written by King Louis Philippe to Queen Victoria to express his
regret that a pilot under the protection of the British flag had been
carried away by the expedition bound to Mexico. A very different thing
is an abduction of this kind, having nothing in common with the right of
search or the maintenance of neutrality, and the capture of the Southern
Commissioners.

It is in the familiar history of the right of search that precedents
must he sought, and they abound there.

In quoting some of them, I impose on myself a double law: first, I will
not confound acts of violence with precedents, and from the abuse which
the English made in times past of their maritime preponderance, I will
not conclude that every one is at liberty to do to-day as they have
done; secondly, among the grave and weighty authors who have made a
special study of these questions in the quiet of their retirement, I
will confine myself to consulting none but English authorities.
Doubtless, they will not think of challenging these in England.

Chancellor Kent writes: "If, on making the search, it be discovered that
the vessel is employed hi contraband trade, that it transports the
enemy's property, troops, or _despatches_, it may be rightfully seized
and carried for adjudicati