e exists, no
doubt, among Continental jurists, a considerable body of opinion in
favour of giving to Courts of Appeal, at any rate, in prize cases a
wholly different character. This opinion found its expression in Arts.
100-109 of the _Code des Prises maritimes_, finally adopted at its
Heidelberg meeting, in 1887, by the Institut de Droit International.
Art. 100 runs as follows:--

"Au debut de chaque guerre, chacune des parties belligerantes
constitue un tribunal international d'appel en matiere de
prises maritimes. Chacun de ces tribunaux est compose de cinq
membres, designes comme suit: L'etat belligerant nommera
lui-meme le president et un des membres. Il designera en
outre trois etats neutres, qui choisiront chacun un des trois
autres membres."

In the abstract, and supposing that a tribunal perfectly satisfactory
both to belligerents and neutrals could be constituted, whether
antecedently or _ad hoc_, there might be much to be said for the
proposal; subject, however, to one condition--viz. that an agreement
had been previously arrived at as to the law which the Court is to
apply. At the present time there exists, on many vital questions of
prize law, no such agreement. It will be sufficient to mention those
relating to the list of contraband, the distinction between "absolute"
and "conditional" contraband, the doctrine of "continuous voyages," the
right of sinking a neutral prize, the moment from which a vessel becomes
liable for breach of blockade.

Just as the _Alabama_ arbitration would have been impossible had not an
agreement been arrived at upon the principles in accordance with which
neutral duties as to the exit of ships of war were to be construed, so,
also, before an international Court can be empowered to decide questions
of prize, whether in the first instance or on appeal, it is
indispensable that the law to be applied on the points above mentioned,
and many others, should have been clearly defined and accepted, if not
generally, at least by all parties concerned. The moral which I would
venture to draw is, therefore, that although questions of fact, arising
out of capture of a prize, might sometimes be submitted to a tribunal of
arbitration, no case, involving rules of law as to which nations take
different views, could possibly be so submitted. One is glad, therefore,
to notice that the Prime Minister's reply to Mr. A. Herbert was of the
most guarded cha