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nations before thee, the Hittites, the Gergashites, and the Amorites and the Canaanites and the Perizzites, and the Hivites and Jebusites, seven nations greater and mightier than thou; and when the Lord thy God shall deliver them before thee; thou shalt smite them, and utterly destroy them; thou shalt make no covenant with them, nor shew mercy upon them; neither shalt thou make marriages with them; thy daughter thou shalt not give unto his son, nor his daughter shalt thou take unto thy son. For they will turn away thy son from following me, that they may serve other gods; so will the anger of the Lord be kindled against you, and destroy thee suddenly."

Although during war the Hebrews were, as has been quoted, savage in their instructions and practice, with the nations concerned, still with other peoples than the seven nations their conduct was directed to be less severe. In the twentieth chapter of the same book of Deuteronomy (tenth verse, etc.), it is enjoined that " When thou comest nigh unto a city to fight against it, then proclaim peace unto it. And it shall be, if it make thee answer of peace, and open unto thee, then shall it be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee. And if it will make no peace with thee, but will make war with thee then thou shalt besiege it; and when the Lord thy God hath delivered it unto thine hands, thou shalt smite every male thereof with the edge of the sword; but the women and the little ones, and the cattle, and all that is in the city, even all the spoil thereof, shalt thou take unto thyself; and thou shalt eat the spoil of thine enemies, which the Lord thy God hath given thee."

Savage as were the Hebrews in their wars, they were no worse than the surrounding nations while in times of peace they entered into friendly relations with others and protected the strangers within their gates." Hiram of Tyre was an ally of David, and under Solomon Jewish merchant vessels visited and traded in safety with distant countries.

17. Other Intercourse of the Ancients.-The earliest treaty whose text has been transmitted to our times is said to be that between Rameses II (the Pharaoh who knew not Joseph) and the King of the Hittites, dated about 1272 B. C. In this treaty is recognized full reciprocity and equality between the two kings and provision is made for the mutual extradition of political refugees and humane treatment of immigrants.

As to foreign commerce, however, it may be said that its conduct in these times approached if it did not quite reach plunder and piracy. Besides being cruel and barbaric in their warfare, the Phoenicians were said by the Greek writers to be practised pirates, while Montesquieu, a French writer, says that "Carthage had a peculiar law of nations. She caused all strangers who traded in Sardinia and toward the pillars of Hercules to be drowned." 1

Laurent, a Belgian writer, mentions, as a relieving feature of these times, that the Persians, ever barbarous in their warfare, had at their court a minister whose duty it was to care for and entertain foreign guests. He goes on to say that "it is a beautiful symbol of the mission which belongs to the department of foreign affairs. The diplomacy of the future, ceasing to be inspired with hate, will have no more important function than that of cultivating relations of friendship between nations." 2

18. International Laws and Usages of the Greeks. In times of peace the mutual relations of the Greek cities were characterized by exclusiveness. Throughout Greece the state of citizenship was a privilege that was jealously guarded against the foreigner. The Athenians were reputed to be the most hospitable of the Greeks, but even at Athens the domiciled aliens, while they enjoyed the protection of the local laws through the agency of their patron, were subjected to special taxation and were liable to compulsory service in the rank of hoplites or in the galleys.

1 Montesquieu, "Esprit des Lois," book XXI, chap. II.
2 Laurent, "Etudes sur l'humanité," p. 477.

Sparta, in her early days, refused on the one hand to permit strangers to reside within her limits, and on the other hand forbade her citizens to live abroad. Greek care for the stranger was at its best in the treaties agreed upon for the mutual administration of justice to the stranger.1

As to war practice it may be said that the herald and trophy were inviolate and that truces were fairly observed. Otherwise it was cruel and severe. No mercy was expected or given to the defenders of a city taken by assault. Prisoners were held as slaves or killed in cold blood. Captives were maimed or branded. The water-supply of a city under siege was poisoned by Solon and the inhabitants of a peaceful country town were massacred by directions of an Athenian. The rude outlines of the public laws of war observed by the Grecian states are given by Wheaton as follows:2

(1) The rights of sepulture were not to be denied to those slain in battle.

(2) After a victory no durable trophy was to be erected.

(3) When a city was taken, those who took refuge in the temples could not lawfully be put to death.

(4) Those guilty of sacrilege were denied the rights of sepulture.

(5) All the Greeks were allowed in time of war, as well as of peace, to consult the oracles, to resort to the public games and temples, and to sacrifice there without molestation.

These limitations of the extreme rights of war were enforced by the Amphyctional Council, which, as a religious institution, had jurisdiction over international violations of religious laws and customs.

19. International Intercourse and Laws of the Romans.As to the Romans-in the first period of her history, when Rome was one of several petty states on the Italian peninsula, the practice of Rome in her external relations shows customs

1 Walker, "History of the Law of Nations," pp. 40, 41.
2 Wheaton, "History of the Law of Nations," Introd., p. 14.

and rules somewhat similar to those existing in the Greek countries. The guest tie existed in Rome as in other countries of the same era. "Not only did the Roman Senate," says Walker, "enter into treaties upon terms of equality with Tarentines and Samnites, not only were foreigners from time to time freely admitted to Latin or even to Roman civic rights, but the Roman magistrates directly provided for the enforcement at Rome of the legal rights of the alien visitor." All foreign sojourners in Rome were under a system of equity and law known as the Jus Gentium, which included what is now known as private international law, and also rules which are now recognized as coming within the scope of public international law.

An assault upon an ambassador or herald was punishable under the Jus Gentium. Envoys of Tarquin who were involved in a conspiracy, when their fellow conspirators were arrested, were themselves allowed to go free under the Jus Gentium. Although this law in its public meaning approaches our modern international law, yet, as Walker well says, it "was at root law universal; the foundation of the system was community of observance by men of whatsoever nationality, by men as lawabiding human beings, not by men as members of different bodies public." 1

In regard to war the Romans had a system of rules known as the Jus Fetiale, which covered the declaration of war, the conclusion of peace, and the negotiation of treaties. Unlike some modern states that allow at times selfish interests to dominate, whether they are individual or national, the violation of formal conventions or treaties was considered by all right-thinking Romans as a breach of sacred obligations and a proper cause for divine resentment.

But notwithstanding this fidelity to obligations the Romans in their war operations were cruel and unscrupulous. Their operations of devastation spared neither vegetables in growth

1 Walker, "History of the Law of Nations," vol. I, pp. 45, 4ỏ.

nor trees bearing fruit. As a result of victory over the enemy the Romans "confiscated all of his property, movable and immovable, public and private, doomed him and his posterity to perpetual slavery, and dragged his kings and generals at the chariot-wheels of the conqueror, thus depressing an enemy in his spirit and pride of mind, the only consolation he has left when his strength and power are annihilated." 1

Walker, in discussing the law of war of the Roman, says: "The Romans of the Augustan age nevertheless ascribed to their ancestors a certain Jus Belli, or law of war, which at any rate set a bound to absolutely unlimited savagery. When the treacherous tutor of the sons of the leading men of Falerii led his charges into the camp of the Roman besiegers, Camillus declared, according to Livy, that whilst between the Falerians and Romans there did not exist the form of society established by human compact there did and ever would exist that implanted by nature. There are, he said, laws of war as well as of peace and we have learned not less justly than bravely.' And the traitor, stripped and with hands bound behind his back, was handed over to the boys to be driven back into Falerii by rods supplied by the Roman hero. It was this conduct which, according to the historian, induced the Falerians to make peace, they being conquered by justice and good faith." 2

The international usage of the Roman Empire was generally the same as that of the republic, and the Roman was both a cruel soldier and a man of laws. Jus Belli and Jus Fetiale still existed in the frontier wars of the Romans, while Jus Gentium was continued both as the universal law and as "Roman equity, to be employed in the moulding by Grotius and his successors of the international law of to-day." 3

20. The Dark and Middle Ages. In the Dark Ages, between 476 A. D. and 800 A. D., but few attempts were made

1 Wheaton, "History of the Law of Nations," p. 25.
2 Walker, History of the Law of Nations," vol. I, p. 49.
* Walker, "History of the Law of Nations," vol. I, p. 59.

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