TIO N. in international Lavr. The right of pre-emption is the right of a nation to detain the merchandise of strangers passing through her territories or seas, in order to afford to her subjects the preference of purchase. 1 Chitty, Coin. Law, 103; 2 Sharswood, Blackst. Comm. 287. This right is sometimes regulated by treaty. In that which was made between the United States and Great Britain, bearing date the 19th day of November, 1794, rati fied in 1795, it was agreed, art. 18, after men tioning that the usual munitions of war, and also naval msterials, should be confiscated as contraband, that " whereas the difficulty of agreeing on precise cases in which alone pro visions and other articles not generally con traband may be regarded as such, renders it expedient to provide against the inconveni ences and misunderstandings which inight thence arise, it is further agreed that when vrer any snch articles so being contraband according to the existing laws of nations shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or, in their default, the gov ernment under whose authority they act, shall pay to the masters or owners of such vessel the full value of all articles, with a reasonable mercantile profit thereon, together with the freight, and also the damages inci dent to such detention." See Manning,
Comm. b. 3, c. 8.
The right given to settlers upon the public lands of the United States to purchase them at a limited price in preference to others.
It gives a right to the actual settler who has entered and occupied without title, to obtain a title to a quarter-section at the mini mum price fixed by law, upon entry in the proper office and payment, to the exclusion of all other persons. It is an equitable title, 15 Miss. 780 ; 9 Mo. 683 ; 15 Pet. 407 ; and does not become a title at law to the land till entry and payment. 2 Sandf. Ch. N. Y. 78; 11 Ill. 529 ; 15 id. 131. It may be trans ferred by deed, 9 Ill. 454 ; 15 id. 131, and dsscends to the heirs of an intestate. 2 Pet. 201; 12 Ala. N. s. 322. See 2 Washburn, Real Prop. 532.