Page:Handbook of maritime rights.djvu/105

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DECLARATION OF PARIS.
91

cite a case which arose in connection with the treaty of commerce with Austria in 1883. An Austrian vessel from some port on the Danube arrived in the Thames with a freight sanctioned by that treaty, and it was immediately seized by the Custom House officers for violation of the Navigation Laws; and the particular clause of these laws which had been infringed had to be repealed before the treaty was allowed to operate. Now, it has been frequently decided that the law of nations is part of the common law of England, and maritime law a part of the law of nations, therefore maritime law is a part of the law of England,[1] and therefore cannot be altered without the consent of Parliament. Treaties which involve supply or taxes, or an alteration of the municipal law of the land require the consent of Parliament. These are preliminaries which are necessary to

  1. Blackstone distinctly states that maritime law is part and parcel of the law of England.