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TREATY EXCEPTIONS.
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into Europe—The Dutch obtaining it successively from Spain, Portugal, France, and England. Its introduction therefore was not as a natural right, nor a free grant made from a sense of justice, but established by way of bargain by countries stipulating for mutual advantages. It will not now surprise us that in a great number of treaties, from the middle of the 17th century to the time of the American revolution, this new rule was conceded. The matter, as investigated by Ward,[1] stands thus. Between 1642 and 1715, 12 treaties introduced the new rule, 7 expressly stipulated for the old rule, and in 31 no mention whatever is made of it, and therefore the old rule continued in force; and between 1715 (Peace of Utrecht) and 1780 (first armed neutrality), 20 treaties either conceded the new rule or renewed the 12 previous ones that did so, and 34 make no mention of it, thus maintaining the old rule.

  1. "Ward's Maritime Law, edited by Lord Stanley of Alderley.