These principles were approved by France, Austria, and the United States and were incorporated into the conventions of the league of armed neutrality of 1780.

27. From the Outbreak of the French Revolution to the Congress of Vienna.-The outbreak of the French Revolution followed closely the end of the American Revolution and the consequent attainment of the independence of the United States, toward which the French nation so largely contributed. The French Revolutionary government in rapid succession adopted declarations and laws against wars of conquest and intervention and enunciating the principles of the Golden Rule and others tending toward the highest ideals. These, however, in due time were set aside both in practice and principle.

Entering into an era of conquest, the Revolution was followed by the régime of Napoleon (1804-14) and the wars connected with his name and rule. To meet those wars of aggression and conquest, various European coalitions were formed, headed by Great Britain, which eventually ended in his downfall and the reduction, practically, of France to her original boundaries, while advantageously reducing the number of the German states by various combinations.

With respect to the effect of the French Revolutionary and Napoleonic wars upon international law, Wheaton says: "This long-protracted and violent struggle was too often marked in its course by the most flagrant violations of the positive laws of nations, almost always accompanied, however, by a formal recognition of its general maxims, the violations being excused or palliated on the ground of overruling necessity or the example of others justifying a resort to retaliation. This mighty convulsion, on which all the moral elements of European society seemed to be mingled in confusion, at last subsided, leaving behind it fewer traces of its destructive progress than might have been expected, so far as regards a general respect for the rules of justice acknowledged by civilized communities in their mutual intercourse." 1

1 Wheaton, "History of the Law of Nations," p. 422.

It is only necessary here to outline the systems and decrees of both contending belligerents. In 1793 England and Russia forbade all navigation with the ports of France, while in answer the French conventions of the republic directed the French fleet to capture all neutral merchant vessels carrying provisions or goods to the ports of the enemy. Napoleon continued this policy, declaring Great Britain to be in a state of blockade, and decreed that all vessels sailing to and from any British port should be confiscated. The action on both sides was repeated and incorporated in the various decrees known as the Berlin and Milan decrees of 1806 and 1807 and the various British orders in council.

The suffering neutral powers protested. The United States led in this protest and opposition in 1793, when Washington was President, and became the advocate of neutral rights with lasting effect upon the policy of nations in war time. The Baltic powers, headed by Russia, revived the armed neutrality of 1780 in the second league of armed neutrality of 1800, adding an article in regard to convoy, which continued a matter of dispute more or less latent until settled by Articles 61 and 62 of the declaration of London, in 1909. Most of the questions resulting from the Revolutionary and Napoleonic wars came up for settlement in the general congress of European powers, which met at Vienna in 1815, and which completed the arrangements for the pacification of Europe and the restoration of the Continent to its former status as far as it was then practicable.

28. From the Congress of Vienna to the Declaration of Paris. The congress of Vienna had been preceded by the treaties of peace signed at Paris in 1814 and the convention of London of 1814 established between Great Britain and Holland. These treaties were, to a great extent, ratified by the congress of Vienna.

This congress marked an epoch in the political history of Europe and, to a much less extent, an era in the history of in

ternational law. In political history it provided for the union of Norway and Sweden and Belgium and Holland; it neutralized Switzerland, rearranged Germany into a loose confederation of thirty-nine states, and ratified the restoration of the old dynasties provided for by the treaty of Paris, with the exception of Sweden and Norway.

So far as international law was concerned, the congress of Vienna established the grades and precedence of ambassadors, ministers, and other envoys; agreed upon the freedom of certain great international rivers like the Rhine and the Scheldt; established general principles for other coriparian states, which was extended in 1856 to the Danube; and placed itself on record against the continuance of the African slave trade.

After the congress of Vienna, Austria, Prussia, and Russia formed what became known as the Holy Alliance, the terms of the accompanying declaration and articles being of the most elevated character, announcing for its guidance the precepts of justice, Christian charity, and peace. France and England joined in this alliance, or rather in the concert of Europe which arose from it in 1818, issuing a declaration that the fundamental basis of the union was their intention never to depart from the "strictest observation of the principles of the rights of nations; principles which in their application to a state of permanent peace can alone effectually guarantee the independence of each government and the stability of the general association." This declaration of the five cabinets was soon put to a test. A revolution broke out in Spain against the reactionary rule of Ferdinand VII; Portugal, Naples, and Piedmont soon followed. As a result the powers of the Holy Alliance assembled at Troppau December 8, 1820, announcing their determination to quell these dangerous revolutions. England refused to join in the movement, but later France led successfully an invasion in Spain against the new government, and by this action the revolutionary movements were soon put down. The protocol of Troppau of 1820 was not, however, signed by France or

England. The latter withdrew from the alliance and declined to join the congress of Verona which preceded and authorized the armed interference of France in Spain.

The Spanish colonies in America were, in the meantime, also in revolution, and it was feared that an extension of the actions of the Holy Alliance would be made to America. But Great Britain and the United States protested against the right of the allied powers to interfere by forcible means in the contest between Spain and her colonies in America. The British Government declared to France "that it would consider any foreign interference by force or menace in the dispute between them as a motive for recognizing the latter without delay." 1

29. The Enunciation of the Monroe Doctrine. On the part of the United States, President Monroe, in his annual message to Congress of December 2, 1823, declared as follows:

"The American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by European powers. . . . We should consider any attempt on their part to extend their system to any portion of this hemisphere as dangerous to our peace and safety. With the existing colonies or dependencies of any European power we have not interfered and shall not interfere. But with the governments who have declared their independence and maintained it, and whose independence we have, on great consideration and on just principles, acknowledged, we could not view any interposition for the purpose of oppressing them or controlling, in any other manner, their destiny, by any European power, in any other light than as the manifestation of an unfriendly disposition toward the United States. . . ." 2

This is the statement formally asserting what is now known as the Monroe Doctrine. Whatever may be said as to its extent in growth since its enunciation by Monroe, its present neces

1 Wheaton, "History of the Law of Nations," p. 520.

Richardson, "Messages and Papers of the Presidents," p. 218.

sity, or the advisability of its geographical restriction, it must be said that its assertion by President Monroe as a policy was both timely and effective. The recognition of the LatinAmerican states by the United States had taken place the previous year and was followed by Great Britain in 1825.

It can be seen that the Monroe Doctrine, accepted and approved by Great Britain as a proper policy in its original wording, is not and never has been international law. It is also neither municipal nor constitutional law, but is a declaration of the national policy of the United States which has been adhered to and followed in the main with respect to European powers. It has varied greatly in its definition and interpretation in the relations of the United States with the other powers of the continent who are generally known as the LatinAmerican states.

30. The Declaration of Paris.-The Crimean War between Russia on one side and France, England, Sardinia, and Turkey upon the other was unfortunate in so far as it gave a new lease of life to Turkey in Europe, but it also gave a step toward the unification of Italy. The congress of Paris, in establishing peace at the conclusion of hostilities, gave to the world the declaration of Paris, which in its enunciation of important principles in maritime warfare settled disputes of many years' standing.

At the outbreak of the Crimean War, both England and France, on March 28 and 29, 1854, declared upon the subject of maritime capture that they would "waive the right of seizing enemy's property on board a neutral vessel unless it be contraband of war; nor was it their intention to claim the confiscation of neutral property not being contraband of war" in enemy's ships. Furthermore they declared it was not their present intention to commission privateers. Otherwise they announced their intention to seize contraband, to prevent neutrals from bearing enemy's despatches, and to declare and maintain blockade. As, at this time, England claimed the