Note 7 — PART 2. EFFECTS OF LAW.

Among English Publicists favoring the abolition of the right to capture private property at sea may be mentioned Lawrence, Hall and Maine. The question came before the house of commons by motion of Sir John Lubbock, March 22, 1878, but was negatived without division. (See Phillimore, op. cit. iii, 361.) Lord Palmerstone once said, "Question Statesmen, none will tell you that the depredations of privateers have ever decided the success or final result of a war." (See Political Science Quarterly, 1905, xx, 711) and in a speech of 1856 he hoped for the abolition of the right to capture private property at sea. (See Speech by Rufus Choate, Second Hague Conference, Acts and Documents, iii, 770.) Among English publicists on the opposite side are Phillimore, Westlake, T.C. Bowles, Twiss, Lorimer, Sir Shurston Baker, and Norman Bentwich. John Stuart Mill in a letter to the Times, March 11, 1871 spoke of abandonment of the right to capture private property, as "the abandonment of our chief defensive weapon—the right to attack an enemy in his commerce." (See Phillimore, op. cit. 361.) However, in a speech in 1867 he had apparently countenanced the reform, (See Speech of Rufus Choate, Second Hague Conference Acts and Documents, iii, 770.)