general policy of changing the conventional law of nations with respect to maritime capture, so as to conform to the modern rules of war upon land, as proposed by the United States to the maritime states of Europe; the rights of belligerents on land, and of conquest, as in the Italian war, and the cession to France and transfer to Sardinia of Lombardy; and the rights of other sovereign and dependent states of Italy, as connected with the right of intervention and the equilibrium of power in Europe. (Phillimore, on Int. Law, vol. 3, pref.; Marcy, Letter to Count Sartiges Cong. Doc; Wheaton, Elem. Int. Law, pt. 1, ch. 2, § 11, note; Webster, the works of, vol. 6, pp. 488-506.)

§ 35. The present period has been exceedingly prolific in works which are professedly devoted to international law, or which treat of subjects connected with that branch of legal science. We will proceed to mention some of the more important of these publications.

Henry Wheaton published, in 1842, his essay on the Right of Visitation and Search, and, in 1845, his History of the Law of Nations, based on a memoire previously published in French, and submitted to the Institute of France. James Reddie published, in 1842, his Inquiries in International Law, and subsequently, his Researches Historical and Critical in Maritime International Law. Archer Polson, in 1848, published a work, entitled Principles of the Law of Nations. Richard Wildman published, in 1849, a valuable work, entitled Institutes of International Law. John Westlake published, in 1858, a most excellent Treatise on Private International Law. Wm. Beach Lawrence published, in 1855, an edition of Wheaton's Elements of International Law, with introductory remarks and valuable notes, and in 1859, an Essay or historical sketch of the right of Visitation and Search. Robert Phillimore published, in 1847, a valuable little work, entitled The Laws of Domicil, and in 1854-6, his learned and elaborate treatise, entitled Commentaries of International Law. George Bowyer published, in 1854, his Commentaries on Universal Public Law, in which many questions of international law are fully discussed. Of continental works, we may mention the following: L. B. Hautefeuille published, in 1848, his valuable work, entitled Droits et Devoirs des Nations Neu

tres en Temps de Guerre Maritime. A second and enlarged edition was published in 1858. Theodore Ortolan pub

lished, in 1845, Régles Internationales et Diplomatie de la Mer. Eugene Ortolan published, in 1845, Des Moyens d'acquerir le Domine International. Faelix published, in 1843, his Traité du Droit International Privé. G. Massé published, in 1844, his work, entitled Le Droit Commercial, etc. A. de Pistoye, and Charles Duverdy, published, in 1855, their elaborate work, entitled Traité des Prises Maritimes. Baron Ferdinand De Cussy, published his Dictionnaire du Diplomate et du Consul, in 1846; his Réglements Consulaires, in 1851; his Phases et Causes Célèbres du Droit Maritime des Nations, in 1856; and his Precis Historique des Evenements Politiques, in 1859. Louis Pouget published, in 1858, Principes de Droit Maritime; and the same year, Aldrick Caumont, published his Dictionnaire Universel du Droit Maritime. J. Bedarride, published his Droit Commercial in 1859. Two Spanish works, published during this period, are worthy of particular notice. The posthumous works of José Maria de Pando, who died in 1840, was published at Madrid in 1843, under the title of Elementos del Derecho Internacional, and, in 1849, Don Antonio Riquelme published his Elementos del Derecho Publico Internacional. Silvestre Pinheiro-Ferreira, a Portuguese by birth, published, in 1845, his Cours du Droit Public. He was the author of numerous articles in the French Revue Etrangère de Legislation, and of notes on Vattel and Martens. The various memoires of Professor Putter, of the University of Griveswalde, on questions of international law, were collected and published in 1843, under the title of Beitrage zur Voelkerrechts Geschichte und Wissenschaft. A. W. Heffter published, in 1844, a work on international law, entitled Das Europaiche Volkerrecht der Gegenwart. An enlarged edition, translated by Jules Bergson, with notes, was published, in Paris in 1859, under the title of Le Droit International Public de L'Europe. Mensch published, in 1846, his Manuel practicque du Consulat, and Moreuil, in 1850, his Manuel des Agents Consulaires. Alexander de Clercq published, in 1851, a Guide practicque du Consulat, which was followed by a Formulaire des Chancelleries. Count de Garden commenced, in 1850, the publication of his voluminous work,

entitled Histoire Général des Traités de Paix. C. Von Kalternborn published, in 1847, a work, entitled Critik des Volkerrechts, and, in 1848, another, entitled Zur Geschichte des Natur und Volkerrechts. A. Villefort's pamphlet on Priviléges Diplomatiques, published in 1858, is a work of much merit. A French edition of the Italian work of Ferdinand Lucchesi-Palli, was published in 1842, under the title of Principes du Droit Public Maritime. H. B. Oppenheim published, at Frankfort, in 1845, a manuel on international law, entitled System des Volkerrechts. Mirus published, in 1847, a work, entitled Das Europ. Gesandtschaftsrecht. Gardner published, in 1860, his Institutes of International Law. Other authors of treatises on particular branches of jurisprudence, as insurance, commercial and merchantile law,have incidentally discussed certain questions of an international character with learning and ability. Among these we may mention The Law and Practice of Maritime Insurance, by John Duer, published in 1846, which contains a very complete summary of the decisions of the prize courts of England and America on maritime captures. Of the judicial opinions collected and discussed in Mr. Duer's work, there are none of more marked ability than those delivered by Chief Justice Marshall and Mr. Justice Story in the Supreme and Circuit Courts of the United States. The decisions of these two eminent judges on questions of international law, and more particularly of maritime capture, rank, at least, next to those of Sir Wm. Scott, and on some points, they are now regarded as the better authority. (Wheaton, Elm. Int. Law, Introduction by Lawrence; Martens, Guide Diplomatique, tom. 1, Bib. Dip.; De Cussy, Droit Maritime, liv. 1, tit. 3, §39; Faelix, Revue de Legislation.)

§ 36. Some of the numerous and important questions of international law, which have been agitated within the last twenty years, are treated of in the text books to which we have just referred; but many of them are scarcely alluded to, and some are not mentioned at all. There has not yet been sufficient time for a systematic examination and analysis of the various events of the Crimean and Italian wars, and of the particular questions to which they have given rise; but we find some able and valuable discussions of these

questions in the diplomatic correspondence and parliamentary debates of the same period. In fact, international law has been very much popularized in the present age; its principles are more generally acknowledged, and its authority is more frequently invoked by diplomatists, statesmen and legislators. This is especially the case in the United States and Great Britain. In proof of the remark, we need only refer to the admirable state papers of the American Secretaries, Webster and Marcy, andto the more recent debates by Lyndhurst, Palmerston, Russell and others in the British Parliament, on the rights and duties of neutrals, the law of allegiance and protection, the right of intervention, the maritime right of intervisitation in time of peace, etc. The diplomatic papers of Napoleon III., on Italian affairs, are most able productions.

. EXPLANATORY NOTE.-It is proper to remark that, with regard to the dates of the births, deaths and publications of many of the authors referred to in the foregoing pages, there are numerous conflicting statements in biographical and bibliographical dictionaries. The author has followed those which he believed the best authority, although, in a few cases, there was some cause to doubt their correctness.

CHAPTER II.

NATURE AND SOURCES OF INTERNATIONAL LAW.

CONTENTS.

1. Definition of International Law

2. Division into Natural Law and Positive Law 23. What is meant by Natural Law - 4. Its application to Independent States 5. The Positive Law of Nations- 6. Relation between the Natural and Positive Law of Nations - 7. The Conventional Law of Nations - 8. The Customary Law of Nations - 9. Customs, how far binding- 10. Divisions of the Positive Law of Nations by Wolfius and Vattel-11. Objections to those divisions - 12. Distinction between absolute rights, rights of comity, and private rights - 13. There is no Universal Law of Nations - 14. How far its rules are obligatory — 15. Violations of its rules, how punished-16. Can sovereign states be punished?-17. General sources of International Law- -18. Justice as a source and test- 19. Authorities on this point- 20. History as a source- 21. The Roman Civil Law - 22. Decision of Courts of prize23. Adjudications of mixed tribunals 24. Ordinances and Commercial Laws of particular States- 25. Decisions of local courts- - 26. Text-writers of approved authority - 27. Reason of the authority of Text-writers — 28. Treaties and international compacts - 29. Effect of treaties on the interpretation of terms. 30. State papers and diplomatic correspondence.

§ 1. International law, or The law of nations, may be defined to be, The rules of conduct regulating the intercourse of states.

Most writers have endeavored to frame their definition so as to embrace the sources of this law, rather than to describe the nature and character of the law itself. Thus, Grotius considers the law of nations as a positive institution, deriving its authority from the positive consent of all, or the greater part of civilized nations, united in a social compact for this While Rutherforth denies the existence of any purpose.