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 Two introductory lectures on the science 
 
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TWO INTRODUCTORY LECTURES ' 
 
 SCIENCE 
 
 INTERNATIONAL LAW. 
 
 BY 
 
 TRAVERS TWISS, D.C.L. 
 
 RKOinS PROFESSOR OF CIVII, LAW IN THE UNTVERSITT OP OXFORD, 
 ASD ADVOCATE IN DOCTORS' COMMONS. 
 
 LONDON: 
 
 LONGMAN, BROWN, GREE^, AND LONGMANS, 
 
 1856. 
 
London : 
 
 Printed by Spottiswoode & Co.. 
 
 New-strest-Square. 
 
ADVERTISEMENT, 
 
 Upon the general theory of the Law of Nations, 
 much has been written by authors of great name and 
 ability. Upon practical questions much has been 
 laid down by those distinguished civilians, who have 
 adorned the British and American Courts of Admi- 
 ralty, and whose masterly judgments, full of wisdom 
 and learning, are the most perfect expositions of the 
 best and purest principles of that law. It has been 
 attempted, in the following lectures, to pass briefly in 
 review both series of authorities, and to note the 
 chief characteristics of the most eminent amongst 
 them, with a view to make them known to the 
 student, and not with any pretence to novelty of 
 view or originality of treatment. On the contrary, 
 the materials supplied by others have been freely used, 
 where the doctrine appeared to be sound, or the 
 criticism just. There is little, therefore, in the follow- 
 ing pages calculated to satisfy the wants of the 
 scholar or of the publicist ; but they may be useful 
 
IV ADVERTISEMENT. 
 
 to the student in guiding him to the best sources and 
 in thereby enabling him to draw knowledge from the 
 fountain head. Of all human sciences, the law is 
 probably not the last to which the precept strictly 
 applies, " melius '^ est haurire fontes, quam consec- 
 tari rivulos." 
 
 Doctors' Commons, 
 Dec. 26. 1855. 
 
LECTURES 
 
 INTERNATIONAL LAW. 
 
 LECTURE I. 
 
 International Law a Science of Modern Growth. — Law of Na- 
 tions not identical with the Jus G-entium of the Romans. — 
 Institutes of Gaius. — Institutes of the Emperor Justinian. — 
 Cicero. — The Fetial Law. — Authority of the Holy See as 
 Supreme Umpire between Temporal Sovereigns. — Reaction 
 against the Papal Donation of the Indies Franciscus k Vic- 
 toria and Dominicus Soto, the Pioneers of the New Doctrine. 
 
 — Balthasar Ayala, the First Systematic Teacher. — Suarez 
 of Granada ; earliest Recognition of an Usage amongst Nations. 
 
 — Albericus Gentilis the Precursor of Grotius. — Maritime 
 Law . — Consolato del Mare. — Roles d'Oleron. — Laws of Wis- 
 by. — Code of the Hanse League. — Era of Grotius. — His 
 Treatise on the Right of War and Peace. — Its wide-spread 
 
 Influence — Its subject more extensive than its Title Method 
 
 of Treatment. — Contents of the Work. — Opposition to its 
 Acceptance, both in England and in France. — Antagonism of 
 Selden. — Unfavourable Criticisms of Rousseau, Paley, Jeremy 
 Bentham, Dugald Stewart. — Favourable Judgments of Adam 
 Smith, Sir James Mackintosh, Mr. Hallam, and Dr. Whewell. 
 
 The Science of International Law, like the science 
 of Political Economy, is a fabric of comparatively 
 modern structure. Much, which bears upon the 
 subject, is probably to be discovered in the writings 
 of the scholastic jurists of the fourteenth and fifteenth 
 
2 LBCTUEBS ON INTERNATIONAL LAW. 
 
 centuries ; but the true era from which we must date 
 the foundation of the great science, which is con- 
 versant with questions of right that concern the 
 fellowship of nations, is the latter portion of the 
 fifteenth century, one of the most remarkable epochs 
 in the annals of legal science. This period has been 
 appropriately termed by the Jesuit Andres " the 
 Golden Age of Jurisprudence;" audit is distinguished 
 not merely by the completion, under the masterly 
 hand of Cujacius, of the important work, which 
 Alciatus of Milan had commenced in the preceding 
 generation, of emancipating the Roman law from 
 the verbal subtleties of the scholastic philosophy and 
 the conflicting glosses of the earlier commentators, 
 but also by the first systematic enunciation of rules, 
 to which the intercourse of independent nations 
 should be amenable. 
 
 No writer had hitherto treated expressly of that 
 branch of jurisprudence, which was formally ex- 
 pounded in the following century under the novel 
 head of the Law of Nations and of Nature. For the 
 Law of Nations, in the received sense of the term, was 
 in a great measui'e unknown to antiquity, and is not 
 to be confounded with the Jus Gentium of the Roman 
 Law. The Jus Gentium of the Romans was not a 
 body of rules regulating the mutual intercourse of 
 nations, but was that portion of Natural Law to 
 which all mankind does homage, the least as feeling 
 its beneficence, the greatest as not exempt from its 
 control, and which has accordingly been incorporated 
 into the domestic code of every nation. The earliest 
 formal definition of this branch of law is to be found 
 in the Institutes of Gaius, which were restored to 
 light by the researches of Niebuhr within the last 
 half century from amidst the archives of the Chapter 
 
JDS GENTIUM OF THE ROMANS. 3 
 
 Library in Yerona ; and that definition seems to have 
 been approved, as it was adopted, by the compilers 
 of the Institutes of the Emperor Justinian. 
 
 " Quod naturalis ratio inter omnes homines con- 
 stituit, id apud omnes populos perceque custoditur, 
 vocaturque Jus Gentium, quasi quo jure omnes gentes 
 utuntur; et populus itaque Romanus partim suo 
 proprio, partim communi omnium hominum jure 
 utituT." — Inst. 1. I. tit. II. § 1. 
 
 This formal definition harmonises in substance 
 with the view of Cicero, who contrasts the Jus 
 Gentium, which is common to all mankind as rational 
 beings, with the leges populorum, or those rules of 
 municipal jurisprudence which are special to each 
 state, and which correspond to the Jus Civile of the 
 Institntes. " Neque vero hoc solum naturfi,, i. e. fare 
 gentium, sed etiam legibus populorum, quibus in 
 singulis civitatibus respublicse continentur, eodera 
 modo constitutum est, ut non liceat sui commodi 
 caus& nocere alicui," — (Off. 1. III. c. 5.) We must 
 not, however, suppose that the Romans had not at 
 any time any definite notions of international law. 
 The Collegium Fetialium was not a mere heralds' 
 college. It was the duty of that body to act as 
 ambassadors as well as heralds, to advise the state in 
 negotiations of peace or alliance, and to regulate the 
 general intercourse of Rome with foreign nations. 
 Niebuhr expressly styles them judges of international 
 law ; and there can be no doubt that they committed 
 their decisions and forms of proceeding to writing, and 
 thus constituted a written body of Fetial Law. We 
 find Cicero accordingly justifying the formal surren- 
 der of Regulus, on the part of the Roman Senate, to the 
 Carthaginians, on the ground that the war with the 
 Carthaginians was a war with a rightful and lawful 
 
 B 2 
 
4 LECTURES ON INTERNATIONAL LAW. 
 
 enemy, with regard to whom the whole Fetial Law was 
 in force, and there were many duties and rights in 
 common. 
 
 " Cum justo enim et legitimo hoste res gerebatur, 
 ad versus quem et totum jus fetiale, et multa sunt 
 jura communia. Quod ni ita esset, nunquam claros 
 viros senatus vinctos hostibus dedidisset." — Off. 1. III. 
 c. 29. 
 
 The institution, however, of the Fetiales naturally 
 fell into decay with the rapid extension of the Koman 
 dominion. Rules of international conduct based 
 upon reciprocity, had been lost sight of by the Roman 
 people long before the Republic had established its 
 supremacy throughout the Italian peninsula, and the 
 universal empire of the Cassars left no place, as it 
 furnished no occasion, for the application of any such 
 rules. 
 
 When the Roman laws, therefore, such as they 
 subsisted at the dismemberment of the Western 
 Empire in the fifth century, were received in the 
 several kingdoms of the Gothic, Lombard, and Car- 
 lovingian dynasties, they did not supply them with 
 any explicit rules for the adjudication of questions of 
 right between independent states or nations. Theo- 
 logical casuistry, however, was from time to time 
 applied to the duties of the sovereigns ; analogies of 
 positive law were frequently invoked ; and the Civi- 
 lians, as being conversant with the most widely 
 difi"used system, took into their hands the adjudication 
 of questions of public law. The doctors, for instance, 
 of the famous school of Bologna had been called upon, 
 from a very early period, to furnish arbitrators in the 
 ever recurring disputes of the Italian Republics, and 
 to supply jurists to direct the diplomacy of the 
 Lombard cities in their contests with the German 
 
AUTHOEITY OP THE HOLY SEE. 5 
 
 emperors ; and where the analogy of positive or local 
 law failed to supply a rule, or the gravity of the 
 question demanded a more authoritative sanction, 
 religion, in the person of the spiritual chief of the 
 Western Church, was appealed to as supreme umpire, 
 and a General Council had not unfrequently played 
 the part of an European congress, and, by the side of 
 ecclesiastical matters, regulated the temporal affairs of 
 princes. 
 
 The geographical discoveries, however, which had 
 marked the close of the fifteenth century, were cal- 
 culated to give rise to a number of novel questions, 
 and to awaken a conflict of claims requiring more 
 than ever some settled standard of public law, as a 
 rule of refere»ce, whilst the religious revolution, which 
 followed closely in the track of those discoveries, 
 shook the authority of the canon law, one of the main 
 pillars of European jurisprudence, and at the same 
 time indisposed an influential portion of the civilised 
 world to acknowledge any longer the Holy See as the 
 oracle of the unwritten law, which should govern 
 their international relations. 
 
 The authority of the Roman Pontiff', as the supreme 
 arbitrator in temporal questions between states and 
 princes, may be said to have reached its culminating 
 point, when the Spaniards and the Portuguese referred 
 to his decision their dispute as to the monopoly of 
 the discovery of the sea-passage to the Indies, and 
 compromised their quarrel by a partition of the 
 New World into East and West. Alexander VI., who 
 at that time occupied the papal chair, did not hesitate 
 to sanction by a formal Bull this monstrous settle- 
 ment, under the pretext of sending the soldiers of 
 the Cross into the lands of the heathen. An imagi- 
 nary line drawn from pole to pole was henceforth to 
 
 B 3 
 
6 LECTURES ON INTERNATIONAL LAW. 
 
 serve as a boundary between the territorial acquisi- 
 tions of the two nations, who claimed to appropriate 
 to themselves not merely the vast continents and 
 numerous islands of the Indian seas, but even the 
 extensive surface of ocean which divided them from 
 the known parts of the world, and likewise the races 
 of people who might be found to inhabit them. 
 
 The scandal given by this extreme stretch of 
 authority on the part of the See of Rome, coupled 
 with the cruel and rapacious abuse of the Papal 
 Donation by the Spaniards, provoked a champion 
 from amongst the ranks of theological-casuists to step 
 forth in behalf of the native inhabitants of the newly 
 discovered countries. It is to the honour of the 
 Dominican Order, that one of their members was the 
 first to protest against the asserted right of the Pope 
 to grant away the lands of heathen nations to 
 Christian princes. Franciscus a Victoria, a Dominican 
 monk, began to teach at Valladolid in 1525, and sub- 
 sequently as professor in the university of Salamanca. 
 His doctrine may be gathered from a series of thirteen 
 dissertations, published for the first time at Lyons 
 in 1557, and entitled Relectiones Theologicse, a book 
 of remarkable scarcity, although it passed through 
 four editions. The fifth of these dissertations entitled 
 " De Indis," treated of the title of the Spaniards to 
 the possession of the new world ; and the sixth " De 
 Jure Belli " discussed exclusively the right of war. 
 In the former dissertation, Victoria maintained the 
 right of the Indians to the exclusive dominion over 
 theirown country, and confronted directly the doctrine 
 of Bartolus and the Bolognese school of jurists, that the 
 Pope had the power of conferring on the kings of 
 Spain the dominion over countries inhabited by pagan 
 barbarians. This would have been too bold a thesis 
 
VICTORIA AND SOTO. 7 
 
 in those days to maintain absolutely without sug- 
 gesting an alternative. Accordingly he contended 
 that the rights of the Spaniards were based on what 
 he termed the right of natural society, which entitled 
 them to seek to establish and carry on an innocent 
 trade with the Indians, the rejection of which on their 
 part would justify a declaration of war against them, 
 and might lead to the conquest of their country. He 
 did not, however, hesitate to pronounce it to be wrong 
 to deprive the Indians of their independence, either on 
 the ground that they were sinners, or on the ground 
 that they were pagans. " Indis non debere auferri im- 
 perium, ideo quia sunt peccatores, vel ideo quia non 
 sunt Christiani." The sixth dissertation, on the right 
 of war, treats most of the questions subsequently dis- 
 cussed by Albericus Gentilis and Grotius, and breathes 
 an intrepid spirit of justice and humanity, the charac- 
 teristic of the Spanish theologians, which was trans- 
 mitted to Dominicus Soto, the pupil and successor of 
 Yictoria, and who deserves, equally with his master, to, 
 live in the recollection of posterity. Soto, who was 
 also a member of the Dominican Order, was the con- 
 fessor of the Emperor Charles Y. and the oracle of the 
 council of Trent, to whom that assembly was indebted 
 for much of the precision and even elegance for which 
 its doctrinal decrees are not unj ustly commended. He 
 was the authority consulted by Charles V. on occasion 
 of the conference held before him at Valladolid in 1542 
 between Sepulveda, the advocate of the Spanish colo- 
 nists, who maintained that the conquest of the Indies 
 from the natives was lawful, and Bartholomew Las 
 Casas, the bishop of Chiapa, who contended that such 
 conquest was unlawful, tyrannical, and unjust. The 
 opinion of Soto may be gathered from the excellent 
 principle laid down in his treatise on justice and law. 
 
8 LECTURES ON INTERNATIONAL LAW 
 
 dedicated to Don Carlos, that there can be no dif- 
 ' ference between Christians and pagans, for the law of 
 nations is equal to all nations. " Neque discrepantia 
 (ut reor) est inter Christianos et Infideles, quoniam 
 jus gentium cunctis gentibus sequale est." To Soto 
 belongs the signal honour of being the first who con- 
 demned the African slave trade. "It is affirmed," says 
 he, " that the unhappy Ethiopians are by fraud or by 
 force carried away and sold as slaves. If this be true, 
 neither those who have taken them, nor those who have 
 purchased them, nor those who hold them in bondage 
 can ever have a quiet conscience, until they have eman- 
 cipated them, even if they should obtain no compensa- 
 tion. 
 
 It is difficult for us, in the present age, to measure 
 the degree of courage and noble principle which im- 
 pelled these excellent monks to vindicate the rights of 
 the oppressed against the authority of the Church, the 
 ambition of the Crown, the avarice and pride of their 
 countrymen, and the prejudices of their own Order. 
 
 These were the early streaks of dawn, the earnest 
 of the coming day. The maritime discoveries of the 
 fifteenth and sixteenth centuries had given an ex- 
 traordinary impulse to international intercourse^ and 
 the frequency of wars, though it did not create a 
 common standard of jurisprudence by which military 
 and maritime questions could be regulated, showed 
 how much such a standard was required. War itself, 
 it was perceived, gven for the advantage of the belli- 
 gerents, had its rules ; an enemy had his rights ; there 
 were also distinct questions relating to alliance and 
 neutrality ; and a customary code had grown up by 
 degrees to be administered with something like pre- 
 cision, in matters to which no state could apply its 
 particular jurisprudence with any hope of reciprocity. 
 
BALTHASAR AYALA, 9 
 
 It was to be expected, perhaps, that the systematic 
 reduction of the practice of nations in the conduct of 
 war to legitimate rules should emanate from the camp 
 rather than from the cloister. . Accordingly we find 
 a treatise by Balthasar Ayala, the judge advocate of 
 the Spanish army in the Netherlands, dedicated in 
 1581 to the Prince of Parma, under whom he served. 
 To this work we may refer, as the opening of a great 
 subject on a basis strictly within the province of 
 international jurisprudence, and disconnected from 
 theological casuistry. 
 
 Ayala lays down the general principles upon which 
 the right of hostilities rests, without subtlety or chi- 
 canery. Yictoria had maintained that necessity alone 
 can justify a declaration of war, and that when war 
 has been declared for a just cause, it should be carried 
 on, not with a view to destroy the enemy, but in order 
 to secure a durable peace. Ayala proceeds to show 
 that a war is just which is undertaken for the defence 
 of a state, its subjects, its property, or its allies, or 
 for the recovery of what has been carried off by an 
 enemy; and Mr. Hallam has observed, with good 
 reason, that Grotius, who refers to Ayala with com- 
 mendation, is mistaken in saying that Ayala has not 
 touched the grounds of justice and injustice in war. 
 " Causas, unde bellum justum aut injustum dicitur, 
 Ayala non tetigit." (^Prolegomena, § 38.) Ayala, 
 with Victoria, explicitly denied the right of levying 
 war against -infidels, even by the authority of the Pope, 
 on the mere ground of religion, as their infidelity did 
 not deprive them of the right of dominion, which 
 they possess by the law of nations. 
 
 Allusion has been already made to the influence of 
 the Reformation upon the system of European juris- 
 prudence. It had been the habit of publicists, ante- 
 
10 LECTURES ON INTERNATIONAL LAW. 
 
 cedently to that event, to invoke the authority of 
 canonists equally as of the old Eoman jurisconsults ; 
 and whilst the entire brotherhood of European princes 
 acknowledged one and the same spiritual chief, his 
 authority was binding upon their consciences, and his 
 interference on critical occasions was as necesary as 
 it was acceptable. The prerogative, however, of the 
 Holy See in such matters had been strained too far. 
 Catholic divines had impugned it in theory; Protestant 
 princes were not likely to respect it in practice. Ac- 
 cordingly, we find that Queen Elizabeth of England, 
 when Mendoza, the Spanish ambassador, remonstrated 
 against the expedition of Francis Drake, replied that 
 she did not understand why either her subjects, or 
 those of any other European prince, should be debarred 
 from traffic in the Indies ; that as she did not acknow- 
 ledge the Spaniards to have any title by donation of 
 the Bishop of Kome, so she kqew no right they had 
 to any places other than those they were in actual pos- 
 session of. — {Camden's Annals, anno 1580.) 
 
 The chain which links together the casuistic 
 theology of the Schoolmen with the particular juris- 
 prudence that relates to the intercourse of nations, 
 would not have been complete without the work of 
 Suarez of Granada, one of the greatest men in the 
 department of ethical science, whom the Society of 
 Loyola has produced. Having discussed the prin- 
 ciples of natural law and of positive jurisprudence in 
 a very systematic manner, and with an acuteness 
 which led Grotius to pronounce him to be so subtle a 
 philosopher and theologian as almost to be without an 
 equal, " tantae subtilitatis philosophum et theologum, 
 ut vix quemquam habeat parem," Suarez proceeds to 
 discuss those larger principles of jurisprudence which 
 connect that science with general morals, and espe- 
 
SUAREZ OF GKANADA. II 
 
 daily such as relate to the intercourse of nations. He 
 was the first to point out that the intercourse of 
 independent states was regulated not merely by 
 principles of natural law, but by usages long observed 
 and uniformly acted upon. " Nunquani enim civitates 
 sunt sibi tam sufficientes, quin indigeant mutuo 
 juvamine et societate, interdum ad majorem uti- 
 litatem, interdum ob necessitatem moralem. Hac 
 igitur ratione indigent aliquo jure quo dirigantur et 
 recte ordinentur in hoc genere societatis. Et 
 quamvis magna ex parte hoc fiat per rationem natu- 
 ralem, non tamen sufficienter et immediate quoad 
 omnia, ideoque specialia jura poterant usu earundem 
 gentium introduci" (Suarez, deLegibus, c. IT. 1. TI. §9. 
 et seq.) This is the first recognition of an usage or 
 consuetudo amongst nations, which was binding as a 
 rule of intercourse amongst them ; and upon this 
 subject the views of Suarez were more definite and 
 more clear than those of his contemporary, Albericus 
 Gentilis, the last of the pioneers of juridical science, 
 whose works it will be necessary to notice on the 
 present occasion, and whose labours contributed to 
 clear the way for Grotius. 
 
 Whilst Mr. Hallam is disposed to consider the 
 treatise of Ayala as the first book that systemati- 
 cally reduced the practice of nations in the conduct 
 of war' to legitimate rules, Lampredi, a very com- 
 petent judge, claims for his fellow-countryman Albe- 
 ricus Gentilis the honour of being entitled the father 
 of the modern science of Public Law. Gentilis was 
 a native of Ancona. His father, having adopted the 
 Reformed Faith, found himself obliged to leave his 
 native country and to remove with his family into 
 Germany. He thereupon sent his son Alberic into 
 England, where, through the favour of the Earl of 
 
12 LECTURES ON INTEKNATIONAL LAW. 
 
 Leicester, he was promoted to the chair of Civil Law 
 in the university of Oxford. His writings on Roman 
 jurisprudence are nun:ierous ; and his treatise on the 
 law of embassy was dedicated to Sir Philip Sidney, 
 His attention, however, was more especially directed 
 to questions of international law, by the circum- 
 stance of his being the advocate of the Spanish em- 
 bassy before the Prize Court in London ; and his 
 treatise entitled " Advocationes Hispanicae " may be 
 regarded as the earliest collection of judicial deci- 
 sions on the maritime Law of Nations. His most 
 remarkable work was a Treatise on the Right of 
 War, published in 1689, and dedicated to Lord 
 Essex, and to which work Grotius was indebted in 
 a greater degree than to that of Ayala. Grotius 
 himself acknowledges his obligation, both directly in 
 the Prolegomena to his great work, and indirectly 
 by adopting almost precisely the same order and 
 division of subjects in his first and third books, as 
 Gentilis had sketched out. Gentilis, it must be ad- 
 mitted, had ranged over the whole field of public 
 faith, and discussed the rights both of war and 
 victory ; but he had only set up the framework, whilst 
 Grotius constructed a complete edifice ; and where 
 the heading of many chapters in both writers is 
 the same, it will be found that Grotius enters more 
 deeply into the subject, and reasons much more from 
 principles, whilst he relies less on the authority of 
 mere precedent or of legal opinions, not a few of 
 which, he observes, are adopted to suit the interest 
 of those who consult the framers of them ; in a word, 
 to use Mr. Hallam's vigorous language, Grotius in 
 almost every chapter is a philosopher, where Gentilis 
 is a compiler. 
 
 It is not proposed on the present occasion to in- 
 
ALBEKICUS GBNTILIS. 13 
 
 stitute any examination of the various collections of 
 rules, by which questions of maritime law had come 
 to be regulated between individual members of dif- 
 ferent political communities, such as the Consolato 
 del Mare, which was a manual of maritime law for 
 traders in the ports of Spain and Italy, the Roles 
 or Jugemens d'Oleron, which form the substance 
 of the Black Book of the British Admiralty, the 
 Laws Maritime of Wisby, which prevailed in many 
 ports of the Baltic, and the Code of the Hanse 
 League ; I merely allude to them thus briefly, lest 
 I should be supposed to have overlooked their exist- 
 ence in connection with a department of the law of 
 nations. They were certainly most important con- 
 tributions to the maritime branch of that law ; and 
 whilst the intercourse of nations was confined to 
 maritime commerce they supplied rules, founded 
 upon usage, to meet the necessities of the questions 
 which had hitherto arisen, or were thought likely to 
 arise. Their great value was, that they cast into a 
 permanent type and placed on record the usage of 
 nations in certain matters, and brought mankind to 
 respect that general usage as constituting a rule to 
 which individuals, without respect to nationalities, 
 were required to conform. They practically pre- 
 pared the way for the admission of the legal doc- 
 trine which Hooker had foreshadowed in the first 
 book of his Ecclesiastical Polity. " The Law of 
 Nations," he writes is a -third kind of law, which 
 toucheth all such several bodies political, so far 
 forth as one of them hath public commerce with 
 another. The strength and virtue of that law is 
 such that no particular nation can prejudice the 
 same by any their several laws and ordinances, 
 more than a man by his private resolutions the laws 
 
14 LECTURES ON INTERNATIONAL LAW, 
 
 of the whole commonwealth or state in which he 
 liveth. For as civil law, being the act of the whole 
 body politic, doth overrule each several part of the 
 same body, so there is no reason that any one com- 
 monwealth of itself should, to the prejudice of an- 
 other, annihilate that whereupon the whole world has 
 agreed" 
 
 It is acknowledged by every one, ii^ Jhe language 
 of Mr. Hallam, one of the latest and ablest of the 
 numerous writers who have discussed the merits of 
 the treatise of Grotius on the Right of War and 
 Peace, that the publication of this work marked an 
 epoch in the philosophical, and it may be said, in the 
 political history of Europe, According to one of the 
 letters of Grotius to Gassendi, quoted by Stewart, 
 and alluded to by Barbeyrac, the scheme was sug- 
 gested to him by Peirescius, Sir James Mackintosh 
 couples with Peirescius the name of our great coun- 
 tryman Lord Bacon, as having by his advice contri- 
 buted to the undertaking of so arduous a task. " It 
 may be reckoned," writes Mr, Hallam, " as a proof of 
 the extraordinary diligence as well as quickness of 
 parts which distinguished this writer, that it occupied 
 a very short part of his life. He first mentions it in 
 a letter to the younger Thuanus in August 1623, 
 that he was employed in examining the principal 
 questions which belong to the Law of Nations. In 
 the same year he recommends the study of that law 
 to another of his correspondents in terms which 
 denote his own attention to it." The work itself was 
 published in Paris two years later, in 1625. It had 
 been composed by its illustrious author in the house 
 of the President de Mesmes near Senlis in France, 
 whither he had retired on his escape from the fortress 
 of Louvestein. The story of his wife's devotion and 
 
HUGO GROTIUS. 15 
 
 successful exertions in procuring his escape is well 
 known. He had been distinguished in his own 
 country as a statesman and a philosophical lawyer ; 
 he was almost equally celebrated as an historian and 
 a divine. Having entered warmly into the contro- 
 versy between the Arminians and the Gomarists, he 
 was involved in the misfortunes of the pensionary 
 Barnevelt, and of the Arminian party ; and the phi- 
 losopher of Delft, after the execution of his political 
 chief, was in 1619 condemned to perpetual imprison- 
 ment. 
 
 The horrors of the civil war which had desolated 
 his country, brought home to his attention the cruelty 
 and injustice of which, to use his own words, even 
 barbarians might be ashamed. War was declared 
 upon the slightest pretext, or without any pretext at 
 all ; and when arms were once taken up, all reverence 
 for laws human or divine was laid aside, as if an 
 edict had been published for the commission of every 
 act of crime. Videbam per Christianum orbem vel 
 barbaris gentibus pudendam bellandi licentiam, 
 levibus aut nullis de causis ad arma procurri, quibus 
 semel sumtis nullam juris divini, nuUam humani 
 juris reverentiam, plane quasi uno edicto ad omnia 
 scelera eraisso furore. (^Prolegomena, § 28.) 
 
 Grotius had entered his prison with the prospect 
 of perpetual seclusion from the active duties of a 
 citizen, and in this respect his exile in a foreign land 
 made no change in his condition ; so that the political 
 repose which was forced upon him by his exile, gave 
 him an opportunity to mature his views and cultivate, 
 in the interest of his fellow-men at large, the noblest 
 part of jurisprudence, that which is conversant with 
 questions touching the universal fellowship of the 
 human race. 
 
15 LECTURES ON INTERNATIONAL LAW. 
 
 " Having practised jurisprudence in public in my 
 own country, with all possible integrity " (such are 
 his own modest words), " I would now, in what 
 remains to me, undeservedly banished from that 
 country, graced by so many of my labours, promote 
 the same subject, jurisprudence, by my private 
 studies." 
 
 The public reputation of the author was thus of 
 itself not unlikely to attract attention to any work 
 which came from his pen. Another circumstance 
 should not be overlooked, — that a school of divines, 
 amongst whom Erasmus was conspicuous, had de- 
 clared all war to be unlawful, with a similar object, 
 perhaps, to that with which, when a rod has been 
 twisted in one direction, men bend it forcibly in 
 another, under the hope of making it become straight. 
 A writer, therefore, who undertook to modera,te, not 
 to interdict, the use of arms, and who sought to 
 mitigate the practice of warfare, whilst he admitted 
 the necessity of Avar itself, and its lawfulness when it 
 was necessary, would be readily welcomed by states- 
 men, who were anxious to provide a remedy for the 
 licence which permitted everything in war. 
 
 I have observed that the writings of Grotius form 
 an epoch in the political history of Europe. The ex- 
 traordinary influence which they exercised maybe 
 doubted by those who are unacquainted with the dis- 
 putes of the seventeenth century. His treatise, De 
 Jure Pacis et Belli, was published at Paris in 1625. It 
 was dedicated to Louis XIII. of France. Its appear- 
 ance worked a positive revolution in the political con- 
 duct of princes and statesmen. Mr. Hallam observes 
 that " it may be considered as nearly original in its 
 general platform as any work of man in an advanced 
 state of civilisation and learning. It is more so. 
 
GUSTAVUS ADOLPHUS. 17 
 
 perhaps, than those of Montesquieu and Smith." I 
 should myself be disposed to place it above the writ- 
 ings of Montesquieu, but should be content to see it 
 take rank with the great work of Adam Smith, 
 " On the Wealth of Nations." 
 
 "Those who sought a guide to their own consciences, 
 or to that of others, those who dispensed justice, 
 those who appealed to the public sense of right in 
 the intercourse of nations, had recourse to its copious 
 pages for what might guide or justify their conduct." 
 Numerous editions of the work circulated rapidly 
 throughout Europe. Written originally in Latin, it 
 was speedUy translated into various languages. Ju- 
 rists of note did not hesitate to publish annotations 
 and commentaries upon it ; and so numerous were the 
 former, that the work itself during the author's life 
 was edited cum notis variorum, a distinction hitherto 
 confined to the ancient classics. 
 
 King Gustavus Adolphus of Sweden is said to have 
 found so much satisfaction in the perusal of the 
 treatise of Grotius, that he sl?pt with it under the 
 pillow of his camp-bed during the Thirty Years War; 
 and his admiration for its author determined him to 
 retain him in his service. The Chancellor Oxen- 
 stiem carried out the wishes of that monarch, after his 
 untimely death at Liitzen, by sending Grotius, as the 
 ambassador of Sweden, to the court of Louis XIII. 
 
 Such success, however, could not be achieved with- 
 out great opposition ; and parties were everywhere 
 arrayed against the doctrines of the new school. To 
 Such - a height did prejudice and established habit 
 carry learned men, that, as Barbeyrac informs us, it 
 was seriously contended by the opponents of the 
 Grotians, — for his supporters were so stigmatised, — 
 that its maxims went to destroy the three cardinal 
 
 c 
 
18 LECTTJEES ON INTERNATIONAL LAW. 
 
 principles of the Civil Law, to wit, " Honeste viyere, 
 neminem lasdere, suum cuique tribuere." 
 
 Within thirty or forty years, however, the work of 
 Grotius was generally received as authority in the 
 Continental universities, and deemed to be a requi- 
 site preparation for the student of ciyil law, at least 
 in the Protestant countries of Europe, for it should 
 be mentioned that it was soon placed by the Roman 
 censors in the Index. In 1656, it was taught in the 
 university of Wurtemburg as public law ; and in 
 1661, the Elector Palatine set the example of found- 
 ing a chair of the Law of Nature and Nations in the 
 university of Heidelberg, the occupant of which was 
 expressly directed to expound the writings of Grotius, 
 — much in the same manner as the chair of Political 
 Economy in the university of Cambridge, has been 
 founded within recent memory .expressly for the 
 discussion of the doctrines of Adam Smith. 
 
 The subject of the work of Grotius was, as may 
 readily be supposed, far more extensive than the 
 title. Under the modest pretext of discussing the 
 rights of war and peace, he ventured to lead his 
 readers out of the beaten path, and to teach them 
 that there was a law distinct from the Law of Nature, 
 or the Jus Gentium of the Roman system, which was 
 common to all or most nations, which had been 
 tacitly acted upon and generally received by common 
 consent, and which was for the advantage not of one 
 body in particular, but of all in general. To this 
 law Grotius gave, for the first time, the name of " the 
 Law of Nations " by way of distinction from " the 
 Law of Nature ; " not that Grotius thereby intended 
 to deny the application of the great principles of 
 natural law to the relations between commonwealths ; 
 on the contrary, he expressly declared it to be for the 
 
METHOD OF 6R0TIUS. 19 
 
 interest of mankind that the law which is common 
 to many nations, whether derived from nature, or 
 instituted by divine command, or introduced by 
 tacit consent and established by custom, should be 
 treated of universally and methodically ; but he 
 wished more especially to reduce into a system the 
 rules of intercourse which were practised between 
 nations, instead of leaving the whole fabric to rest 
 on general principles,, the application of which might 
 be maintained or denied by each nation in its trans- 
 actions with its neighbours, according as it suited its 
 convenience, or as the occasion might seem to war- 
 rant. 
 
 " I have employed," he says, " by way of evidence of 
 the existence of this law, the testimonies of philoso- 
 phers, historians, poets, and in the last place, orators, 
 not that implicit credit is to be given to them, for it 
 is usual for them to serve their party, or their 
 subject, or their cause, but because when many per- 
 sons at different times and in different places affirm 
 the same thing for certain, that circumstance ought 
 to be ascribed to some general cause, which in the 
 questions treated by us cannot be any other than a 
 correct inference from some natural principles, or 
 an universal consent. The former of these indi- 
 cates the Law of Nature,' the latter the Law of 
 Nations, the difference between which must not be 
 judged of from the language of their testimonies, for 
 writers everywhere confound the terms 'law of 
 nature' and 'law of nations,' but from the quality 
 of the subject matter. For whatever cannot be 
 deduced by clear reasoning from certain principles, 
 afid yet appears to be everywhere observed, must 
 have had its origin in the free consent of all." (Pro- 
 legomena, § 41.) 
 
 c 2 
 
20 LECTURES ON INTERNATIONAL LAW. 
 
 I do not profess, upon the present occasion, to 
 enter into any minute examination of the mode in 
 which Grotius executed his task. The work con- 
 sists of three books. To use his own language, in 
 the first book he has examined the general question 
 whether any war is just ; next, in order to distinguish 
 between public and private war, he has explained the 
 nature of sovereignty, what peoples, what kings, have 
 it in full, what in part, what with a right of alien- 
 ation, what otherwise ; and afterwards he has spoken 
 of the duty of subjects to their sovereigns. 
 
 In the second book, he undertakes to explain 
 all the causes from which war may arise, and he 
 examines what things are in common, what are 
 property, what are the rights of persons over persons, 
 what obligation arises from dominion, what is the 
 rule of royal succession, what rights are obtained by 
 covenant or contract, what is the force and interpre- 
 tation of treaties and alliances, what of oaths public 
 and private, what compensation is due for damage 
 done, what is the sacred character of ambassadors, 
 what the right of burying the dead, what the nature 
 of punishments. 
 
 In the third book, he discusses in the first place 
 what is lawful in war, and, after making a distinction 
 between those acts which may be done with impunity, 
 or may even, in dealing with foreigners, be defended 
 as consistent with right, and those acts which are 
 really free from fault, he descends to the diiFerent 
 kinds of peace, and to the variety of conventions in 
 war. (Prolegomena, ^^S A, Bb, BQ.) 
 
 Such is the account of his work, which Grotius 
 gives in the Prolegomena. To those who wish to 
 become more intimately acquainted with the details 
 of his system, I would suggest the perusal of the 
 
HALLAM, LITERATURE OK EUROPE. 21 
 
 very full and able analysis which is to be found in 
 the third volume of Mr. Hallam's " History of the 
 Literature of Europe." 
 
 I have already alluded to the opposition which the 
 treatise de Jure Belli et Pacis experienced during 
 the lifetime of its author. Such a result was, 
 perhaps, to be expected ; error does not readily give 
 way to truth. In England, indeed, the influence of 
 Grotius was more slowly extended, and was ulti- 
 mately much less general than on the continent of 
 Europe. The peculiarity of our laws and some other 
 reasons readily suggest themselves in explanation of 
 this fact. Amongst other causes, some weight may 
 be given to the controversy which Selden main- 
 tained in his Mare Clausum, composed as an answer 
 to the treatise of Grotius de Mari Libero, which 
 latter work was calculated to awaken a prejudice 
 amongst Englishmen against anything else which came 
 from the pen of its author. But it was hardly to be 
 expected, that the new school of philosophy which 
 sprang up in France in the eighteenth centurj', should 
 have ventured to treat the work with contempt, and 
 its author with contumely. When a book is little 
 read it is easily misrepresented ; and Rousseau, in his 
 Contr^t Social, has not hesitated to insinuate that 
 Grotius confounds the fact with the right, and the 
 duties of nations with their practice. 
 
 In our own country there have not been wanting 
 writers who have assailed his style, or objected to 
 his method. Paley, in his Moral Philosophy, finds 
 fault with Grotius for quoting the opinions of poets 
 and orators, of historians and philosophers, as au- 
 thorities from whom there is no appeal. From this 
 charge Sir James Mackintosh has amply vindicated 
 
 c 3 
 
22 LECTURES ON INTBENATIONAL LAW. 
 
 the philosopher of Delft, and pointed out that he 
 professedly invokes the writers of by-gone days, not 
 as judges who have decided, but as witnesses who 
 may assist the judgment of the reader. 
 
 " He quotes th&m, as he tells us himself, as wit- 
 nesses whose conspiring testimony, mightily strength<- 
 ened and confirmed by their discordance on almost 
 every other subject, is a conclusive proof of the 
 unanimity of the whole human race on the great 
 rules of duty and the fundamental principles of 
 morals. On such matters poets and orators are the 
 most unexceptionable of all witnesses ; for they 
 address themselves to the general feelings and sym- 
 pathies of mankind, and they are neither warped by 
 system, nor perverted by sophistry. They can attain 
 none of their objects, — they can neither please nor 
 pursuade, -r- if they dwell on moral sentiments not in 
 unison with those of their readers. No system of 
 moral philosophy can surely disregard the general 
 feelings of human nature and the according judg- 
 ment of all ages and nations. But where are these 
 feelings and that judgment recorded and preserved ? 
 In those very writings which Grotius is gravely 
 blamed for having quoted. The usages and l^ws of 
 nations, the events of history, the opinions of philoso- 
 phers, the sentiments of orators and poets, as well as 
 the observation of common life, are in truth the 
 materials out of which the science of morality is 
 formed ; and those who neglect them are justly 
 chargeable with a vain attempt to philosophise 
 without regard to fact and experience, the sole 
 foundation of all true philosophy." 
 
 The passage in Grotius, which !ha,s suggested this 
 defence, is found, in the Prolegomena, where Grotius 
 says : — 
 
SIR JAMES MACKINTOSH. 23 
 
 " The sentences of poets and orators have less 
 weight than those of history ; and we often make use 
 of them, not so much to corroborate what we say, as 
 to throw a kind of ornament over it." 
 
 Mr. Hallam concurs with Sir James Mackintosh, 
 when he says that it will be seen, on reference to this 
 passage, that Grotius proposes to quote poets and 
 orators cautiously, and rather as ornamental than au- 
 thoritative supports of his argument. " In no one 
 instance," writes Mr. Hallam, will he be found to 
 " enforce a moral duty, as Paley imagines, by their 
 sanction. It is nevertheless to be fairly acknow- 
 ledged, that he has sometimes gone a good deal 
 further than the rules of a pure taste allow, in accu- 
 mulating quotations from poets, and that, in an age 
 so impatient of prolixity as the last, this has stood 
 much in the way of the general reader." 
 
 I shall touch very briefly on the criticism of 
 Jeremy Bentham, who condemns the work as having 
 no definite stamp or character, but being sometimes 
 political or ethical, sometimes historical or juridical, 
 sometimes expository or censorial. From such 
 charges it is not possible, perhaps it is not desirable, 
 to vindicate Grotius altogether. There is no doubt 
 a profusion of learning in his work, which sometimes 
 rather encumbers than adorns it. The method is 
 also somewhat disorderly; and too many scattered 
 digressions occur. But the same objections may be 
 taken to Adam Smith's great work on the Wealth of 
 Nations. The nature, however, of the subject, sub- 
 stantially demanded at the hands of the great 
 master, that he should cite examples from the history 
 of mankind to i^ustrate and support the application 
 of the general principles of law and politics ; on the 
 
 c 4 
 
24 LECTUBES ON INTERNATIONAL LAW. 
 
 other hand the principles of natural law are so inter- 
 woven with those of ethical science, that an entire 
 separation of them was not very feasible, perhaps 
 not altogether desirable. 
 
 The criticisms of Paley and Bentham, however, 
 contain very mild censure in comparison with the 
 scornful attack upon Grotius which is to be found 
 in the first dissertation on the Progress of Philoso- 
 phy by Dugald Stewart. The fame of this writer 
 renders it necessary to vindicate the memory of one 
 still more illustrious in reputation, from the hasty 
 animadversion which he has passed upon him, in 
 ignorance of the contents of his great work. Mr. 
 Hallam, on a careful examination of Stewart's criti- 
 cisms, does not hesitate to say, that it is very mani- 
 fest that Stewart had never read much of his work, 
 or even gone over the titles of his chapters ; and he 
 displays a similar ignorance as to the other writers 
 on natural law, who for more than a century after- 
 wards, as he admits himself, exercised a great in- 
 fluence over the studies of Europe. 
 
 *' I have never read those pages of an author," 
 writes Mr. Hallam, " whom I had unfortunately not 
 the opportunity of knowing personally, but whose re- 
 searches have contributed so much to the delight and 
 advantage of mankind, without pain or surprise. It 
 would be too much to say that in several parts of the 
 first dissertation, by no means in the first days of 
 Stewart's writings, other proofs of precipitate judg- 
 ment do not occur ; but that he should have spoken 
 of a work so distinguished by fame, and so effective, 
 as he himself admits, over the public mind of Europe, 
 in terms of unmingled depreciation, without having 
 done more than glanced at some of its pages, is an 
 extraordinary symptom of that tendency towards pre- 
 
ADAM SMITH, 5Jo 
 
 judice, hasty but inveterate, of which this eminent 
 man seems to have been not a little susceptible." 
 
 Dugald Stewart had read little of Grotius; and 
 what little he had read, truth compels me to say 
 that he did not care to understand, for I should be 
 unwilling to suppose that he would have designedly 
 distorted or misrepresented his doctrines. Far dif- 
 ferent were the views of Adam Smith, who speaks of 
 Grotius, as of one who was the first " to attempt to 
 give to the world anything like a system of those 
 principles which ought to run through and be the 
 foundation of the laws of all nations ; and his treatise 
 on the laws of peace and war, with all its imper- 
 fections, is perhaps at this day the most complete book 
 that has yet been given on the subject." 
 
 It is a satisfaction to be able to quote the deliberate 
 judgment of so learned and so temperate a writer as 
 Mr. Hallam in defence of a work, the defects of which 
 have been magnified by writers too careless to make 
 themselves acquainted with its merits, or strongly 
 prejudiced, like Rousseau and other French writers, 
 against the method of reasoning. The author, how- 
 ever, of the History of the Inductive Sciences, than 
 whom perhaps no one is better versed in the Baconian 
 method, has felt called upon not merely to defend 
 Grotius, but to undertake an edition of his great 
 work, which has lately appeared under the auspices 
 of the syndics of the press of the university of 
 Cambridge. " The work itself," Dr. Whewell con- 
 siders "to be characterised by solid philosophical 
 principles consistently applied, by clear and orderly 
 distinction of parts, by definite and exact notions, 
 improved by the intellectual discipline of legal 
 studies, by a pure and humane morality, always in- 
 clining to the higher side in disputed questions, and 
 
26 LECTURES ON INTERNATIONAL LAW. 
 
 by a pervading though temperate spirit of religion." 
 These are no ordinary encomia, nor do they come 
 from the pen of an ordinary critic. 
 
 With regard to the method of Grotius, it is essen- 
 tially inductive. The proof of many of his positions 
 was to be found in the custom of mankind ; and that 
 custom was to be established by a large induction. 
 " Truth," in his opinion, to apply to our subject the 
 striking language of Milton, in his Discourse on un- 
 licensed Printing " came once into the world with her 
 divine Master, and was a perfect shape, most glorious 
 to look upon ; but when he ascended, and his apostles 
 after him were laid asleep, then straight arose a 
 wicked race of deceivers, who, as that story goes of 
 the Egyptain Typhon, with his conspirators, how 
 they dealt with the good Osiris, took the virgin Truth, 
 hewed her lovely form into a thousand pieces, and. 
 scattered them to the four winds. From that time, 
 ever since, the sad friends of truth, such as durst 
 appear, imitating the careful search that was made 
 for the mangled body of Osiris, went up and down ga- 
 thering up limb by limb, still as they could find them." 
 
 The above passage, which embodies the wild and 
 vigorous imagery of the Commonwealth, was applied 
 by Milton to illustrate the labours of the disciples of 
 Faust and Gutenberg ; but it is likewise most appro- 
 priate to the labourers in the general field of inductive 
 science. Those who gaze on the perfect form in 
 which their work results, know little of the painful 
 iStages which have been undergone in fitting together 
 the disjected limbs of truth, just as mariners, who 
 guide their vessels through dangerous shoals by well- 
 known beacons, think little of the labours of those who 
 have first explored and buoyed the channel, and who 
 have set up the landmarks. 
 
WHEWELL ON INDUCTIVE SCIENCES. 27 
 
 Some of the later writers on international law have 
 treated the doctrine of an universal law of nations, 
 founded on the common agreement of mankind, as 
 an empty fiction, to which nothing in fact really 
 corresponds. But it never was intended by Grotius, 
 to set up a rule like that which theologians have 
 termed the golden rule of Vincentius Lirinensis, 
 *' Quod semper, et ubique, et ab omnibus." The 
 words of Grotius are, " there are two ways of inves- 
 tigating the Law of Nations. We ascertain this law 
 either by arguing from the nature and circumstances 
 of mankind, or by observing what is generally ap- 
 proved by all nations, at least by all civilised nations. 
 The former is the more certain of the two ; but the 
 latter will lead us, if not with the same certainty, 
 yet with a high degree of probability to the knowledge 
 of this law. For such an universal approbation must 
 arise from some universal principle ; and this prin- 
 ciple can be nothing else than the common sense or 
 reason of mankind. (L. 1. c. 1. § 3.) 
 
 Grotius might have gone a step further, and might 
 have said that this common consent of mankind was 
 the voice of God declaring his will through the com- 
 mon conscience of the human race. It is thus indeed 
 that many things which upon b, priori reasoning 
 might be justified by the Law of JS^ature as strictly 
 deducible from admitted first principles, are con- 
 demned before the tribunal of the human conscience ; 
 and when the agreement of all the more civilised 
 nations in such matters is ascertained, we are not at 
 liberty to disregard it consistently with moral duty, 
 nor may we safely fall back within the domain of 
 abstract principle. 
 
28 LECTURES ON INTERNATIONAL LAW. 
 
 LECTURE 11. 
 
 Selden, Mare Clausum. — Hobbes, De Give Dr. Richard 
 
 Zouch, Jus inter Gentes — Natural and Positive Law. — 
 Second Period: Era of Pufendorf. -r Bishop Cumberland, 
 De Legibua Naturse. — Pufendorf 's Denial of a Law of Nations 
 distinct from the Law of Nature. — Practice of Nations not 
 obligatory as a Rule. — Mischievous Effect of his Teaching. 
 
 — Professor Rachel. — Christian Thomasius supports Pufen- 
 dorf 's Doctrine. — Glafey and Kohler, Opponents of it. — Van 
 Bynkershoek, De Foro Legatorum. — Jus Gentium Pactitium. 
 
 — Leibnitz, Codex Juris Gentium Diplomaticus. — Dumont, 
 
 Corps Universel Diplomatique du Droit des Gens Third 
 
 Period : Christian von Wolff revives the teaching of Grotius. 
 
 — His Work, Jus Gentium Methodo Scientifica Tractatum, 
 recast byM.de Vattel. — Von Wolff's peculiar Doctrine 
 
 Nations composite Bodies, and so subject to a Law diffe- 
 rent from the Law of Nature applicable to Individuals. — 
 Vattel's Doctrine on this Head. — Necessary and Voluntary 
 Law of Nations. — Fourth Period: J. J. Moser. — Practical 
 Law of Nations. — Von Martens — Schmalz. — Kliiber. — 
 
 — Wheaton. — Judicial Decisions. — Chancellor Kent. — Lord 
 
 Stowell. — Practice of Nations limits abstract Principles 
 
 Heffter. — External and internal Public Law. — Private In- 
 ternational Law. — Mr. Justice Story, Conflict of Laws. — 
 Huberus, de Conflictu Legum. — Foelix, Trait^ du Droit Inter- 
 national Priv6 Austin on Jurisprudence. — International 
 
 Morality Obligation and Sanction of the Law of Nations. , 
 
 It was observed in the course of the previous 
 lecture, that the writings of Grotius made their way 
 much more slowly, and were received under greater 
 limitations in England than on the continent of 
 Europe, and that this result was partly attributable 
 to the antagonism of Selden. The doctrine of 
 
SELDEN, MAHB CLAUSUM. 29 
 
 Grotius, as to the right of occupancy in regard to 
 the sea not precluding others from its innocent use, 
 had brought him into fierce controversy with Selden ; 
 Grotius, in his Mare Liberum, maintaining the right 
 of the Dutch fishermen to the use of the seas which 
 England claimed to be her own by occupancy, whilst 
 Selden, in his Mare Clausum, contended that Eng- 
 land had a right to exclude them altogether from 
 its use. 
 
 If we were to measure the merits of Selden as a 
 teacher of the Law of Nations, by his work De Jure 
 Natural! et Gentium secundum disciplinam Ebrse- 
 orum, published in 1640, he would not be found to 
 weigh very heavy in the scale against his great op- 
 ponent, as he there divides the Jus Gentium into 
 (1st) the natural or primary law of all mankind, cor- 
 responding to the Jus Gentium of the Roman law ; 
 and (2nd) the law which is peculiar to certain nations, 
 which seems to be akin to the Jus Civile of Gaius 
 and Justinian. But he had shown in the Mare 
 Clausum, published in 1635, a clear appreciation of 
 something more definite, as in that work he distin- 
 guishes a Jus Gentium of a secondary kind, " quod 
 interveniente sive pacto, sive morum usu, natum 
 est." In this respect Selden was considerably in 
 advance of Hobbes, who, in his treatise De Give, 
 published in 1642, limits the Jus Gentium to the 
 Law of Nature as applied to whole states or nations, 
 and does not attend to any other head or source of 
 international law. But there is a third English 
 writer on international law, the contemporary of 
 Selden and Hobbes, who claims precedence of them 
 both as a master of the science, and whose work, 
 Juris et Judicii fetialis, sive Juris inter gentes, 
 Explicatio, entitles him to take rank next to Gro- 
 
30 LECTURES ON INTERNATIONAL LAW. 
 
 tius. Dr. Richard Zouch^ Professor of Civil Law in 
 tlie University of Oxford in 1629—1661, and sub- 
 sequently Judge of the High Court of Admiralty, 
 published in 1650 a work upon Fetial Law, or, as 
 he termed it, '■^ Jus inter Gentes." In choosing this 
 expression in preference to the more familiar phrase 
 " Jus Gentium," Dr. Zouch anticipated the objection 
 taken at a subsequent period by the Chancellor 
 D'Aguesseau, who suggested, and who in this matter 
 has been followed by Mr. Bentham, that the law 
 which governs the reciprocal intercourse of nations 
 should be called " Droit entre les Gens," as a more 
 correct phrase than Droit des Gens. Dr. Zouch, 
 having undertaken to treat of the rights which are 
 involved in the relations of princes or states with 
 one another, proceeds to divide the law which regu- 
 lates those relations^ into natural, or that which is 
 founded on the tacit consent of nations, and positive^ 
 or that which is based on the express agreement of 
 nations, as declared in their treaties and alliances. 
 His language is free from ambiguity. " Cum multi 
 diversis temporibus idem affirmant, id ad causam 
 universalem. referri debet, quae alia esse non potest, 
 quam recta conclusio ex naturae principiis proveniens, 
 aut communis aliquis consensus, e quibus ilia jus 
 natursB indicat, hie jus gentium^" His doctrine is 
 so far perfectly in accordance with that of Grotius. 
 Dr. Zouch, however, having undertaken to discuss 
 the Jus Fetiale, or the Jus inter Gentes, could not 
 overlook the Positive Law between nations. " Deinde 
 praeter mores communes, pro jure etiam inter gentes 
 habendum est, in quod gentes singulae cum singulis 
 inter se consentiunt, utpote per pacta, conventiones, 
 et foedera." In other words, the Jus inter Gentes is 
 a more comprehensive body of rules than the Jus 
 
DR. EICHAED ZOUCH. 31 
 
 Gentium. International law, as treated by him, 
 comprised both thei common unwritten Law of 
 Nations founded on general custom, and the special 
 written law founded on distinct treaties and con- 
 ventions. Dr. Zouch has had scanty justice done to 
 him ; for he leaves little to be desired in his writings 
 in a philosophical point of view, and it will be found 
 on examining the deta^ils of his comparatively short 
 treatise, that hardly anything has been omitted by 
 him, which comes within the proper province of the 
 subject. 
 
 The first period, that of Grotius, which opened in 
 1625, may be considered to close in 1673, with the 
 appearance of Pufendorf in the chair of the Law of 
 Nations at Heidelberg, when ethical philosophy once 
 more resumed her encroachments on the province of 
 jurisprudence, Pufendorf, by birth a Saxon, and, by 
 adoption a Swede, was invited to fill the professor's 
 chair which the Elector Palatine had established in 
 1661, being the first of its. kind, in the university of 
 Heidelberg, with the express object of' expounding 
 the doctrines of Grotius. Pufendorf had, in the pre- 
 ceding year, by the publication of a work on, the 
 Elements of Uijiveraal Jurisprudence, shown himself 
 to. be a person of great erudition ; but he did not bring 
 to the task, of elucidating the new doctrine, either 
 the enlarged views of its author, or a capacity adequate, 
 to grasp, the subject which he was called upon to treat. 
 Accordingly, he contributed very little to advance 
 the science ; or perhaps it- ought to be confessed that 
 he obstructed rather than, promotedi its progress. 
 Pufendorf had, no doubt, a very noble objeqt in view ; 
 viz. to establish the system pf moral right on a basis, 
 independent of Revelation. In this respect his claims, 
 have been placed by very competent judges in the 
 
82 LECTURES ON INTERNATIONAL LAW. 
 
 same scale with those of Richard Cumberland, Bishop 
 of Peterborough, whose famous work, De Legibus 
 Naturse Disquisitio Philosophica, published in 1672, 
 is held to have constituted an era in the history of 
 ethical philosophy. The chief characteristic of Cum- 
 berland's work, in opposition to the school of Hobbes, 
 was that his system stood on a basis complete in itself 
 without the aid of Revelation, that it did not appeal 
 to the authority of schoolmen and canonists, but to 
 observation and experience ; and that, whilst it re- 
 duced, at least in theory, the morality of actions to 
 definite calculations, it left the application of principles 
 to cases, as they arose, at the discretion of the reader. 
 In like manner, Pufendorf asserted a demonstrative 
 certainty in moral science, referring the rule of mora- 
 lity to God's appointment, but admitting that God 
 could not have given to man any other law than that 
 under which he exists, consistently with the consti- 
 tution of human nature. The style of Pufendorf is 
 diffuse and technical. He adopts the distinction of 
 perfect and imperfect rights, but objects to the divi- 
 sion of expletive and attributive justice observed by 
 Grotius. The boundaries, also, which Grotius had so 
 carefully drawn between the Law of Nations and the 
 Law of Nature, Pufendorf swept away, maintaining 
 that the customs and usages which nations generally 
 observe in war have no proper legal obligation in 
 them, and that, unless they are deduced from the 
 Law of Nature, they are perfectly arbitrary and 
 may be rejected at pleasure. 
 
 Pufendorf, in his earlier work on the Elements of 
 Universal Jurisprudence, had denied the existence of 
 a Jus Gentium, even in the sense in which that head 
 of law had been admitted by Roman jurisconsults, 
 knd referred all questions either to the common Law 
 
PUFENDOEF. 33 
 
 of Nature, or to the civil law of states. " Some- 
 thing," he says, " is now also to be added concerning 
 the Jus Gentium, which, according to some, is 
 nothing else than the Law of Nature, so far as dif- 
 ferent nations, not united under one supreme com- 
 mand, observe it in relation to each other, to whom 
 reciprocally the same duties are to be performed in 
 their own manner as are prescribed to individuals 
 by the Law of Nature ; concerning which Law of 
 Nations there is no occasion we should here peculiarly 
 treat, seeing the doctrine we expound respecting the 
 Law of Nature, and the duties of individuals, may 
 be easily applied to states, and entire nations, which 
 have coalesced into one moral person. Besides, we 
 think there exists no Jus Gentium which can be 
 properly designated by such name ; for most of 
 those things which are referred by the Roman juris- 
 consults and others to the Law of Nations, such as 
 certain things concerning the modes of acquiring 
 property, contracts, and other matters, belong either 
 to the Law of Nature or to the civil law of single 
 nations, which, in those matters, coincides with the 
 civil .positive laws of most states. From these, how- 
 ever, a peculiar species of law is not correctly consti- 
 tuted, because, although those laws are common to 
 nations among themselves, they do not arise from 
 any convention or mutual obligation, but from the 
 particular will of individual legislators in single states, 
 and therefore may be changed by one people without 
 consulting the others, and are often found changed. 
 
 " Finally, there are included under the name of 
 Jus Gentium those customs among most nations, at 
 least among such as claim the reputation of superior ■ 
 cultivation and humanity, which, by a certain tacit 
 consent, are more especially observed with regard to 
 
 D 
 
34 LECTURES ON INTERNATIONAL LAW. 
 
 war. For after it came to be held to be the greatest 
 honour among those more civilised nations to acquire 
 glory in war — that is, to show one's preeminence in it, 
 by having the courage and skill and dexterity to 
 destroy great numbers of men ; and after that nations 
 were thus induced to rush into unnecessary and unjust 
 wars, most nations thought it right, that they might 
 not too much expose their ambition to envy, by using 
 all the licence of a just war, to temper and moderate 
 the atrocity of wars generally, by some degree of hu- 
 manity and a certain show of magnanimity: hence 
 usages concerning the exemption of certain things 
 and persons from hostile violence, a certain moderation 
 in destroying the enemy, a milder mode of treating pri- 
 soners, and the like. But although one, in carrying 
 on lawful war, should neglect these things, — namely, 
 when this can be rightly done by the Law of Nature, — 
 one cannot be said to have thereby contravened any 
 valid obligation further than being generally accused 
 of rudeness, because one had not conformed to the 
 custom of those who reckon war among the liberal 
 arts ; just as, among gladiators, one is accused of 
 want of skill who wounds another not according to 
 the formal rule of the art. Therefore, if any one 
 carries on just wars, he may regulate them by the 
 Law of Nature alone, and is not bound by any law to 
 observe these customs, unless he chooses to do so of 
 his own accord and with a view to some advantage, 
 By him, however, who engages in unjust wars, these 
 usages are on this account to be observed, that he 
 may inflict injuries with some moderation." {^Ele^ 
 menta Jurisprudentice Universalis, §§ 24. and 25.) 
 
 Mr. Hallam has entered into a full analysis of the 
 larger treatise of Pufendorf on the Law of. Nature and 
 Nations, and observes that the great diflference be- 
 
SCHOOL OF PUPENDOKP. 35 
 
 tween the treatises of Pufendorf and Grotius is, that 
 ■whilst Grotius contemplated the law that ought to be 
 observed amongst independent communities as his 
 primary object, to render which more evident he lays 
 down the fundamental principles of private right or 
 the Law of Nature, Pufendorf not only begins with 
 Natural Law, but makes it the great theme of his 
 inquiry." Pufendorf had probably intended, if we 
 may judge from the title of his work, to range at 
 large over the field of Public Law ; but from the 
 length to which his inquiries had been extended on 
 the subject of Natural Law, he had left little room 
 for International questions, and accordingly, although 
 he may have attained a higher position than Grotius 
 as an authority in moral philosophy, he is not by 
 any means on a level with him as a jurisconsult, 
 and the result of the great reputation which he ac- 
 quired as a moral philosopher, was disastrous to the 
 progress of the science of International Law. Von 
 Ompteda, in his "Literature of the Law of Nations," on 
 reviewing the effects of Pufendorf 's teaching, goes so 
 fer as to say, that the consequence was that this science, 
 which was just putting forth blossoms through the 
 exertions of Grotius and others, was nipped in the bud, 
 withered, and decayed, and did not fully revive until 
 towards the middle of the following century. {Lite- 
 ratur des Gesammten so'wohl Nnturlichen als Positiven 
 Vdlherrecht. Regensburg: 1785.) 
 
 The treatise " De Jure Naturte et Gentium," in eight 
 books, was published in 1672, at Lund, in Sweden, 
 where Pufendorf filled the chair of moral philosophy. 
 The fame of its author obtained for it a very general 
 reception, and his opinions were adopted by the 
 majority of learned men. Individuals, however, were 
 
 B 2 
 
36 LECTURES ON INTERNATIONAL LAW. 
 
 not wanting, who entertained doubts as to the soundr 
 ness of his system in abolishing the distinction which 
 Grotius had instituted between natural law and posi- 
 tive or customary law. They were few perhaps and 
 came far between, but they handed on the torch to one 
 another, and kept the flame alive. One of the most 
 distinguished amongst the opponents of Pufendorf was 
 Samuel Rachel, successively professor in the univer- 
 sities of Helms tadt and Kiel, and a diplomatist of note, 
 who took part as the envoy of Holstein-Gottorp at the 
 Congress of Nimeguen. In his two dissertations, " De 
 Jure Natura3 et Gentium," published in 1676, he 
 maintained the division of law adopted by Grotius, 
 and added somewhat greater precision to the science, 
 by formally distinguishing, as Dr. Zouch had previ- 
 ously done, the conventional from the customary law, 
 assigning to the former division the name of Jas Pac- 
 titium, and so constituting that threefold division 
 which is adopted in the present day by most jurists, 
 to wit, the Natural Law, the Customary Law, and the 
 Conventional Law. The efforts, however, of Rachel 
 and his followers to revive the more scientific view 
 of the subject were foiled by the weight of learning 
 which Christian Thoniasius threw into the opposite 
 scale. This distinguished jurisconsult and philo- 
 sopher of the university of Halle, who otherwise 
 deserves mention as the first to make use of the ver- 
 nacular language in the professor's chair, by his work 
 entitled, " Fundamenta Juris Naturse et Gentium ex 
 Sensu Communi deducta," published in 1705, secured 
 for his views, which coincided with those of Pufen- 
 dorf, >& supremacy which was not successfully dis- 
 turbed until the middle of the eighteenth century, 
 when Christian von Wolff redressed the scale in 
 favour of the Grotian doctrine. Not that learned 
 
VAN BYNKEESHOEK. 37 
 
 writers did not from time to time step forth and 
 break a lance with the followers of Pufendorf and 
 Thomasius, such as Adam Friderich Glafey, of Leipsic, 
 and subsequently Councillor of State at Dresden, who 
 had very definite and correct ideas respecting the vo- 
 luntary Law of Nations, and maintained its existence 
 as distinguished from the natural law, by numerous 
 examples from recent times, in his treatise entitled 
 " Vernunft-und-Volkerrecht," 1723; and Henry Koh- 
 ler, professor of philosophy at Jena, who in his work 
 entitled " Juris Socialis et Gentium ad Jus Natursa 
 revocati Specimina Septem," published in 1739, dis^ 
 cussed the principles of the Law of Nations with great 
 lucidity and precision. These authors, however, were 
 little known beyond the limits of Germany, but one 
 writer of this period requires a fuller notice, as he 
 established for himself an European reputation, which 
 has been maintained in all its freshness to the present 
 day. I allude to Van Bynkershoek* 
 
 Van Bynkershoek has immortalised himself by his 
 treatise " DeForo Legatorum," in which he vindicates 
 the rights of Embassy from the narrow view which 
 Pufendorf had taken of them, and by his " Questiones 
 Juris Publici in Rebus Bellicis." (Lugd. Batav. 1737.) 
 Everything which came from this great man bears 
 the stamp of original thought and indicates a vigo^ 
 rous and independent mind. He often expresses him- 
 self with boldness and vehemence, and sometimes with 
 an apparent contempt for the opinions of others; but 
 his learning, sagacity, and sound judgment rarely if 
 ever desert him, and his authority is as great in the 
 courts of Maritime and International Law as in the 
 Schools of Jurisprudence. 
 
 Dr. Zouch was the first to assign a formal place to 
 the Jus Gentium Pactitium, or, as it is now generally 
 
 D 3 
 
38 LECTURES ON INTERNATIONAL LAW. 
 
 termed, the Conventional Law of Nations ; and he was 
 followed in that classification by Professor Rachel. 
 Pufendorf (L. XI. c. 111.) had touched this subject 
 very slightly, considering it to be " undistinguishable 
 and not properly the subject of science, as it varied 
 with the contracting parties and was subject to many 
 vicissitudes, and belonged more to the province of 
 history than of law. " Materials, however, were fast ac- 
 cumulating to form a suitable subject for scientific 
 treatment. In the early part of the 18th century there 
 appeared from the press in difierent parts of Europe 
 various collections of treaties and conventions. Leib- 
 nitz had given an impulse to the study of treaties by 
 his " Codex Juris Gentium Diplomaticus," published 
 in 1695, which he re-edited in a more enlarged form in 
 1 700, accompanied with a second part, under the title 
 of " Mantissa Codicis Juris Gentium Diplomatici." 
 About the same time there appeared at Amsterdam 
 a collection of treaties, in 4 vols, folio, published by 
 an association of booksellers at Amsterdam and the 
 Hague, and edited by Jacob Bernand, some time after- 
 wards professor of philosophy in the university of 
 Leyden. This was, however, only the prelude to a far 
 larger collection, the great work of Dumont, " Corps 
 Universel Diplomatique du Droit des Gens," in 8 vols, 
 folio, which was also published at Amsterdam, and 
 occupied six years in its completion. Schmauss had 
 also published in 1730 a small collection in two 
 volumes 8vo., " Corpus Juris Gentium Academicium," 
 almost entirely confined to the treaties of the two pre- 
 ceding centuries ; so that the materials for the study 
 of positive International Law as distinguished from 
 natural were most ample in 1749, when Christian 
 von WoliF vindicated once more the superiority 
 of the School of Grotius, and moulded the system of 
 
LEIBNITZ. 39 
 
 International Law into the more complete form in 
 which it now exists. 
 
 Leibnitz, whom Gibbon has compared to those con- 
 querors whose empires have been lost in the ambition 
 of universal conquest, and of whom Mr. Hallam ob- 
 serves, that he was the only man in the world who 
 could have left so noble a science as philosophical 
 jurisprudence for pursuits of a still more exalted 
 nature, and for which he was still more fitted, com- 
 prised both the philosophy of law and the details of 
 practical jurisprudence within the vast circle of his 
 attainments. . He had given to the Jjaw of Nations but 
 a slight and passing attention, but he had raised the 
 estimation in which the study was held; and since his 
 time it is admitted that "philology, history, and philo- 
 sophy have, at least in Germany, marched together 
 under the robe of law." The impulse which he com- 
 municated to the study of positive International Law 
 was both powerful and permanent. The writer, how- 
 ever, upon whom the mantle of Grotius properly des- 
 cended, was von Wolff, who may be said to have 
 rivalled Leibnitz in capacity of intellect, though he 
 fell short of him in variety of attainments. 
 
 Von Wolff had reached his seventieth year when he 
 composed a work, the title of which fully made known 
 its subject, "Jus Gentium Methodo Scientific^ per- 
 tractatum, in quo Jus Gentium Naturale ab eo, quod 
 Voluntarii, Pactitii, et Consuetudinarii est, accurate 
 distinguitur," This work, which consists of a single 
 volume, although it is a complete and independent 
 treatise, may be regarded as the complement of his 
 voluminous work on the Law of Nature, which 
 had preceded it, in 8 vols. The confusion of the 
 larger work with the treatise on the Law of Nations 
 has induced many persons to neglect the perusal of 
 
 D 4 
 
40 LECTURES ON INTERNATIONAL LAW. 
 
 the latter, deterred by its supposed bulk, and misled 
 by the circumstance that M. de Vattel recast the 
 work in a lighter and more agreeable form, and 
 edited his book in the French language, under the 
 well-known title, "Droit des Gens, ou Principes de la 
 Loi Naturelle appliques a la Conduite et aux Affaires 
 des Nations et des Souverains," thus superseding the 
 necessity of consulting the original treatise in its 
 Latin dress. There is hardly any instance in which 
 posterity has been more unjust than in ascribing to 
 the populai- abridgment of Yattel the authority which 
 is due to the original work of von Wolff, the appear- 
 ance of which may be said to form the third period in 
 the history of the science. 
 
 Von Wolff adopted in his system the distinction be- 
 tween the Jus Gentium Naturale and the Jus Gentium 
 Voluntarium, by the side of the Jus Pactitium and 
 the Jus Consuetudinarium. This was a step towards 
 greater precision, by introducing a theory of Inter- 
 national society, according to which the 'family of 
 nations, constituted as the " Civitas Maxima," has a 
 right to impose upon its members certain laws in 
 their common interest, and to compel them to ob- 
 serve them. It has been objected to von Wolff, that in 
 resting the obligation of his Jus Gentium Volunta- 
 rium on an imaginary family of nations, he has 
 been misled by his excjessive desire to demonstrate 
 everything, inasmuch as history does not supply 
 evidence of any such universal association : nay, it 
 may be argued that the theory is irreconcileable 
 with the rights of independence, one of the attri- 
 butes of sovereign states. But I am rather disposed 
 to think that the error of von Wolff was more an error 
 of form than of substance. He perceived that na- 
 tions in relation to one another, although legally in- 
 dependent as communities, were morally dependent 
 
CHRISTIAN VON WOLFF. 41 
 
 in respect of the gratification of their mutual wants 
 by commercial intercourse, and that such intercourse 
 could only be carried on under conditions of reci- 
 procity, which led to the formation of what may be 
 termed "an inner circle" of the more civilised nations, 
 regulating their mutual intercourse by rules not ap- 
 plicable to the outer circle of nations in a less cul- 
 tivated state. The members of this inner circle of 
 International life constituted the " Civitas Maxima^' 
 of von Wolff, shadowed out somewhat indistinctly by 
 him, and perhaps constructed on too fictitious a 
 basis to stand the test of strict analysis, but still 
 having a basis of reality. 
 
 The judgments of Lord Stowell supply us with a 
 practical illustration of the distinction between these 
 inner and outer circles — the former amenable to the 
 Jus Gentium Voluntarium, the latter only to the Jus 
 Gentium Naturale, and against which, as in the in- 
 stance of the Barbary States, he declined to enforce the 
 Voluntary Law of Christendom. Although therefore 
 the basis upon which von Wolff raised his superstruc- 
 ture of "Voluntary Law" may perhaps not be perfectly 
 sound and practical, still the fundamental idea 
 involved in the distinction was a step in the right 
 direction. " He was not," writes Von Ompteda, " far 
 from the object at which he aimed, but he might have 
 arrived at it by a shorter road." Nations are not 
 legally bound to unite themselves into a society, nor 
 are they justly compellable to maintain reciprocal 
 intercourse, otherwise their independence of one 
 another would be at an end. But they may associate 
 themselves, and hold mutual intercourse, by submit- 
 ting to certain rules under which reciprocity is at- 
 tainable ; and according to the degree of advancement 
 in civilisation attained by different nations, these 
 
42 LECTURES ON INTEUNATIONAL LAW. 
 
 rules may be extensions or modifications of those In^ 
 ternational rules which are found applicable to a lesS 
 cultivated state of mankind. The intercourse of 
 European nations in the present day with China, as 
 contrasted with their intercourse with one another, 
 may be cited as illustrating the application of the Jus 
 Gentium Naturale in distinction from the Jus Gentium 
 Yoluntarium. The non-intercourse with Japan, on 
 the other hand, may be regarded as a recognition of 
 the principle upon which the distinction proceeds, — 
 namely, that independent nations are not compellable 
 to enter into society with one another or to hold in- 
 tercourse of any kind. 
 
 The great feature of von Wolff's system, if I may so 
 say, which makes the appearance of his work an epoch 
 in the history of the science only second to that of 
 Grotius, was that he saw that the Law of Nature 
 could not be applied to communities of men or states 
 simply as aggregate bodies of individual men. Hobbes 
 and Pufendorf both agreed in maintaining that the 
 Law of Nature, as applied to the relations of individual 
 men as moral agents, underwent no necessary modi- 
 fication in its application to states or nations, and 
 contended that the maxims of the Law of Nations and 
 the Law of Nature were precisely the same. Bar- 
 beyrac, the translator and commentator of Grotius 
 and of Pufendorf, in a note to the treatise of Grotius, 
 admitting the principles and rules of the Law of 
 Nations to be the same as those of the Law of Nature, 
 observes that there is a difference with respect to the 
 two laws as to the mode in which those principles 
 are applied. Von Wolff developed this doctrine more 
 fully. Having admitted that nations were in one 
 sense aggregate bodies of individuals, upon whom 
 certain duties were obligatory, and to whom certain 
 
VATTEL. 43 
 
 rights attached by reason of the personality of the 
 individuals, he maintained thq,t, as nations are com- 
 posite bodies, and have in their collective capacity a 
 moral being of their own, and are in such character 
 the subject of the obligations and rights which result 
 by the Law of Nature from the act of association 
 which has constituted them political bodies, it follows 
 that the nature and essence of their moral being 
 necessarily diflfer in many respects from the nature 
 and essence of the physical individuals or men of 
 whom they are composed. When therefore we would 
 apply to nations the duties which the Law of Nature 
 prescribes to individual men, and the rights which it 
 confers on the latter in order to enable them to 
 fulfil their duties, since such rights and such duties 
 cannot be otherwise than consistent with the nature 
 of their subject, they must in their appHcation neces- 
 sarily undergo a change suitable to the new subjects 
 to which they are applied. Thus it results that the 
 Law of Nations cannot be in every particular the same 
 as the Law of Nature regulating the actions of indivi- 
 dual men. 
 
 The elegant and popular French writer, whose 
 work is in the main an abridgment of the treatise 
 of von WolflF, has followed closely in his track in re- 
 gard to this important distinction between the Law of 
 Nature and the Law of Nations. In his preliminary 
 chapter on the idea and general principles of the Law 
 of Nations, Vattel writes thus : " We must therefore 
 apply to nations the rules of the Law of Nature, in 
 order to discover what their obligations are and 
 what their rights ; consequently the Law of Nations is 
 no other than the Law of Nature applied to indivi- 
 duals. But as the application of a rule cannot be just 
 and reasonable unless it be made in a manner suit- 
 
44 LECTURES ON INTEENATIONAL LAW. 
 
 able to the subject, we are not to imagine that the 
 Law of Nations is precisely and in every case the 
 same as the Law of Nature, with the difference only 
 of the subjects to which it is applied, so as to allow 
 of our substituting nations for individuals. A state 
 or civil society is a subject very different from an 
 individual of the human race ; from which circum- 
 stance, pursuant to the Law of Nature itself, there 
 result in many cases very different obligations and 
 rights, since the same general rule, applied to two 
 subjects, cannot produce exactly the same decisions 
 when the subjects are different, and a particular rule, 
 which is perfectly just with respect to one subject, is 
 not applicable to another subject of a quite different 
 nature. There are many cases therefore in which 
 the Law of Nature does not decide between state and 
 state in the same manner as it would between man 
 and man. We must therefore know how to accom- 
 modate the application of it to different subjects; 
 and it is the art of thus applying it, with a precision 
 founded on right reason, that renders the Law of 
 Nations a distinct science." 
 
 Vattel has not hesitated in his preface to acknow- 
 ledge his obligations to von Wolff. " Although my 
 work," he says, " be very different from his (as will 
 appear to those who are willing to take the trouble of 
 making the comparison), I confess that I should never 
 have had the courage to launch into so extensive 
 a field, if the celebrated philosopher of Halle had 
 not preceded my steps, and held forth a torch to 
 guide me on my way. Sometimes, however, I have 
 ventured to deviate from the path which he had 
 pointed out, and have adopted sentiments opposite to 
 his." Thus Vattel has rejected the idea of patrimonial 
 kingdoms as improper and as dangerous, both in the 
 
VON WOLFF AND VATTEL. 4-5 
 
 results to which it leads and in the impressions which it 
 may give to princes. He has also rejected the theory 
 of a " Civitas Maxima," a great republic instituted by 
 nature herself, and of which all the nations of the 
 world are members. " Baron Wolff," he observes, 
 " admits that a rigid adherence to the Law of Nature 
 cannot always prevail in the commerce and society 
 of nations; it must undergo various modifications, 
 which can only be deduced from this idea of a kind of 
 great republic of nations, whose laws, dictated by 
 sound reason and founded on necessity, shall regu- 
 late the alterations to be made in the natural and 
 necessary Law of Nations, as the civil laws of a parti- 
 cular state determine what modifications shall take 
 place in the natural law of individuals. I do not 
 perceive the necessity of this consequence ; and I 
 flatter myself that I shall, in the course of this work, 
 be able to prove that all the modifications, all the re- 
 strictions, in a word, all the alterations which the ri- 
 gour of the natural law must be made to undergo in 
 the affairs of nations, and from which the voluntary 
 Law of Nations is formed — to prove, I say, that all 
 these alterations are deducible from the natural liberty 
 of nations, from the attention due to their common 
 safety, from the nature of their mutual correspond- 
 ence, their reciprocal duties, and the distinctions of 
 their various rights, internal and external, perfect 
 and imperfect, by a mode of reasoning nearly similar 
 to that which von Wolff has pursued, with respect 
 to individuals, in his treatise on the Law of Nature. 
 
 "Since nations, in their transactions with each other, 
 are equally bound to admit those exceptions to, and 
 those modifications of, the rigour of the necessary law, 
 whether they be deduced from the idea of a great re- 
 public, of which all nations are supposed to be th^ 
 
46 
 
 LECTURES ON INTERNATIONAL LAW. 
 
 members, or derived from the sources whence 1 pro- 
 pose to draw them, there can be no reason why the 
 system which thence results should not be called the 
 Voluntary Law of Nations, in contradistinction to the 
 Necessary, Internal, and Consciential Law. Names 
 are of very little consequence ; but it is of consider- 
 able importance carefully to distinguish these two 
 kinds of law, in order that we may never confound 
 what is just and good in itself with what is only 
 tolerated through necessity. 
 
 "The necessary and the voluntary Law of Nations 
 are therefore both established by nature, but each 
 in a diflferent manner — the former as a sacred law 
 which nations and sovereigns are bound to respect 
 and follow in all their actions ; the latter as a rule 
 which the general welfare and safety oblige them to 
 admit in their transactions with each other. The 
 necessary law immediately proceeds from nature; 
 and that common mother of mankind recommends 
 the observance of the voluntary Law of Nations, in 
 consideration of the state in which nations stand in 
 respect to each other, and for the advantage of their 
 affairs. This double law, founded on certain and in- 
 variable principles, is susceptible of demonstration, 
 and will constitute the principle subject of this work. 
 
 " There is another kind of Law of Nations, which 
 authors call arbitrary, because it proceeds from the 
 will or consent of nations. States as well as indivi- 
 duals may acquire rights and contract obligations, 
 by express engagements, by compacts and treaties ; 
 hence results a conventional law of nations peculiar 
 to the contracting powers. Nations may also bind 
 themselves by their tacit consent : upon this ground 
 rest all those regulations which custom has intro- 
 duced between different states, and which constitute 
 
CONVENTIONAL LAW OF NATIONS. 47 
 
 the usages of nations or the Law of Nations founded 
 on custom. It is evident that this law cannot im- 
 pose any obligation except on those particular na- 
 tions who have, by long use, given their sanction to 
 its maxims ; it is a peculiar law, and limited in its 
 operation as the conventional law : both the one and 
 the other derive all their obligatory force from that 
 maxim of the natural law which makes it the duty 
 of nations to fulfil their engagements whether ex- 
 press or tacit. The same maxim ought to regulate 
 the conduct of states with regard to the treaties 
 they conclude, and the customs they adopt. I must 
 content myself with simply laying down the general 
 rules and principles which the Law of Nature fur- 
 nishes for the direction of sovereigns in this respect. 
 A particular detail of the various treaties and customs 
 of different states belongs to history, and not to a 
 systematic treatise on the Law of Nations." 
 
 Von Wolff and Vattel may be said to have exhausted 
 the subject of natural International Law, not by a 
 priori assumptions and deductions, but by patiently 
 observing the actual relations of nations, and by 
 carefully analysing those relations and inferring from 
 them general rules and principles. What chiefly re- 
 mained to be done was to combine those principles 
 with the results of established usage and of treaty- 
 engagements. 
 
 I have alluded to Leibnitz as being the first who 
 collected a body of conventions concluded between 
 independent states, in order to promote the cultiva- 
 tion of the science of International Law. In such a 
 sense, it has been already observed that International 
 Law is an expression of wider import than the Law 
 of Nations. The Law of Nations is a common rule of 
 international life, uniform and invariable ; treaties, on 
 
48 LECTURES ON INTERNATIONAL LAW. 
 
 the other hand, and conventions are special contracts, 
 involving sometimes a departure from the common 
 rule, but more frequently made to meet cases not 
 provided for by any common rule. They constitute 
 at the present time a very large division of the public 
 law of Europe, which may be said to have grown up 
 almost entirely since the Thirty Years' War, so that 
 in the time of Grotius it was not of sufficient import- 
 ance to arrest his attention or to require a separate 
 classification. Within a century, however, after the 
 Thirty Years' War, the relations of peace and war had 
 alternated so repeatedly in Europe, and contracts of al- 
 liance and treaties of peace had come to be recorded so 
 frequently in history, that there was a mass of positive 
 law, exceptional to the general law, which it became 
 necessary to arrange in a scientific form, in order to 
 master the study of the entire system of European 
 public law. 
 
 A celebrated German jurist, John Jacob Moser, in 
 the middle of the last century, undertook the task of 
 collecting these records, and arranging their contents 
 in a scientific form. He conceived the design of a 
 great work, which should embrace the whole circle of 
 European State-aifairs from the death of the Emperor 
 Charles VI. in 1740 ; and with this object solicited 
 the support of European Courts. But the cabinets of 
 princes were closed against his proposals, so that he 
 ultimately abandoned his main design, and was content 
 to give to the world the materials which had come 
 under his observation whilst he was composing a 
 series of essays on the latest European Law of Nations, 
 based on the state proceedings of the European powers 
 subsequently to the year 1740. 
 
 Moser's method of investigation in his earlier work 
 on the foundation of European International Law 
 
VON MAKTENS. 49 
 
 (Grundsatze des jetz iiblichen Europaische Volker- 
 recht in Friedenzeiten und in Kriegszeiten, Hanau, 
 1750), is somewhat dry and meagre, and he does not 
 allow himself to illustrate the lessons of experience 
 in connection with any general principle; in his later 
 "Contributions" (1778) and "Essay" (1780) the 
 dictates of experience are repeated and illustrated by 
 copious precedents from the most recent times ; and 
 he may be said to have constructed a science, hitherto 
 unknown, of the positive Law of Nations, the comple- 
 ment of the edifice which von Wolff had built up. 
 Henceforth we embark upon a new period in the his- 
 tory of the science. The third period, extending from 
 1740 to 1785, which has just been discussed, has been 
 distinguished by the separate cultivation of the twofold 
 branches of natural and positive law ; the fourth, at 
 which we have now arrived, is characterised by 
 the combined cultivation of the two branches as a 
 whole. 
 
 We may pass by speculative writers, such as Kant 
 and Fichte, who have occupied themselves with in- 
 quiries and discussions about perpetual peace, the re- 
 public of nations, the federal system, and Utopias of 
 a like nature, and who have desired to trace the rules 
 of natural international law to abstract principles of 
 a still more general nature than Wolff had ventured 
 to propose. Their investigations belong rather to the 
 province of philosophy than of jurisprudence. Such 
 writers have contributed less to the improvement and 
 elucidation of the science which they professed to dis- 
 cuss, than the contemporary practical school, which 
 followed in the track of Moser, and at the head of which 
 A'on Martens must be placed. Von Martens left far 
 behind him the works of Moser and his immediate fol- 
 lowers. With greater discrimination, and with more 
 
50 LECTURES ON INTBENATIONAL LAW. 
 
 complete results than his predecessors, he distin- 
 guished not merely the Law of Nature, but the general 
 Law of Nations, from the practical Law of Nations 
 received in Europe, unfolding the peculiar doctrines 
 of the last, and showing how the European system of 
 public law rested not merely on general abstract 
 principles, but also upon the usages and the conven- 
 tions of the European states. " The different works 
 of this author," says Von Kamptz in his continuation 
 of Von Ompteda's work on the Literature of the 
 Law of Nations (Neue Literatur des Vblkerechts 
 seit dem Jahre 1784. Berlin 1817), "are remarkable 
 for their mutual interdependence and perfect con- 
 sistency, and for the support which they afford to 
 one another. The one series contains the records of 
 the views of the European nations upon the prin- 
 ciples of law acknowledged amongst them, whilst 
 the other constructs out of these records a system 
 of practical international law." 
 
 The writings of Von Martens, followed by those 
 of the Prussian privy councillor Schmalz (Das 
 Europaische Vblkerrecht, published in 1817, and 
 translated into French by M. de Bohm), by the 
 treatise of Kliiber (Droit des Gens moderne de 
 I'Europe, 1819), Professor and Councillor of State, 
 who took an active part in reducing and recording 
 the proceedings of the Congress of Vienna, and last 
 of all by Mr. Wheaton's Elements of International 
 Law (Elements of International Law, 3rd edition, 
 1846. Philadelphia), have enlarged and improved 
 our knowledge of the general system, as well as of 
 the particular doctrines of the European Law of 
 Nations. But, by the side of these last writers, 
 another class of authorities, in matters neglected and 
 not foreseen by the text writers, are to be studied in 
 the judgments of those who have had to admi- 
 
CHANCELLOR KENT. 51 
 
 nister and judicially expound the principles and 
 practice of international law. 
 
 " Many of the most important principles of public 
 law have been brought into use, and received a 
 practical application, and been reduced to legal pre- 
 cision, since the age of Grotius and Pufendorf ; and 
 we must resort to the judicial decisions of the prize 
 tribunals of Europe and in this country [the United 
 States of North America] for information and au- 
 thority on a great many points, on which all the 
 leading text-writers have preserved a total silence. 
 The complexity of modern commerce has swelled, 
 beyond all bounds, the number and intricacy of 
 questions upon national law, and particularly upon 
 the very comprehensive head of Maritime Capture. 
 The illegality and penal consequences of trade with 
 the enemy, the illegality of carrying the enemy's dis- 
 patches, or of engaging in the coasting, fishing, or 
 otter privileged trade of the enemy; the illegality 
 of transfer of property in transitu between the neu- 
 tral and belligerent, the rules which impress upon 
 neutral property a hostile character, arising either 
 from the domicile of the neutral owner, or his terri- 
 torial possessions, or his connexion with a house of 
 trade in the enemy's country, are all of them doc- 
 trines in the modern international law, which are 
 either not to be found at all, or -certainly not with 
 any fulness of discussion and power of argument, 
 anywhere but in the judicial investigations of the 
 prize tribunals, and which have given the highest 
 authority and splendour to this branch of learning." 
 
 Such are the observations of Chancellor Kent, in 
 the first book of his Commentaries on American 
 Law, in which there is a compendious chapter on the 
 Law of Nations well worthy of perusal. 
 
 E 2 
 
52 LECTURES ON INTERNATIONAL LAW. 
 
 " A great part of the Law of Nations," says Lord 
 Stowell (Flad-Oyen, 1 Robinson, 146.), " stands upon 
 the usage and practice of nations. It is introduced 
 on general principles ; but it travels with those 
 general principles only to a certain extent ; and if 
 it stops there, you are not at liberty to go further 
 and say that mere general speculation would bear 
 you out in a further progress. For instance, on mere 
 general principles it is lawful to destroy your 
 enemy, and mere general principles make no great 
 difference as to the manner in which it is to be 
 effected. But the Conventional Law of mankind, 
 which is evidenced in their practice, does make a 
 distinction, and allows some and prohibits other modes 
 of destruction ; and a belligerent is bound to confine 
 himself to those modes which the common practice 
 of nations has employed, and to relinquish those 
 which the same practice has not brought within the 
 ordinary exercise of war, however sanctioned by its 
 principles and purposes." 
 
 The case to which Lord Stowell's observations 
 applied, was the case of the Flad-Oyen, an English 
 ship, which had been taken by a French privateer, 
 and carried into the neutral port of Bergen in Nor- 
 way, and there sold after a sort of sentence of con- 
 demnation before the French consul. It was the 
 first attempt made to impose upon a Court of 
 Admii;alty the sentence not of a tribunal established 
 in the belligerent country, but of a person pretending 
 to be authorized within the dominions of a neutral 
 power. 
 
 " It is my duty," said that eminent civilian, " not 
 to admit, because one nation has thought proper to 
 depart from the common usage of the world, and to 
 meet the notice of mankind in a new and unprece- 
 dented manner, that I am on that account under the 
 
LORD STOWELL, 53 
 
 necessity to acknowledge the efficacy of such a novel 
 institution, merely because general theory might give 
 it a degree of countenance, independent of all practice 
 from the earliest history of mankind. The institution 
 must conform to the text-law, and likewise to the 
 constant usage of the matter ; and when I am told 
 that, before the present war, no sentence of this kind 
 has ever been produced in the annals of mankind, and 
 that it is produced by one nation only in this war, I 
 require nothing more to satisfy me, that it is the 
 duty of this Court to reject such a sentence, as inad- 
 missible." 
 
 In another case (the " Henrick and Maria," 4 Rob. 
 p. 52.) the same eminent judge delivered a similar 
 opinion in these words. " It is said that, on prin- 
 ciple, the security and consummation of the capture 
 is as complete in a neutral port as in the port of a 
 belligerent himself. On the mere principle of se- 
 curity it may perhaps be so. But it must be re- 
 membered that this is a matter not to be governed 
 by abstract principles alone. The use and practice 
 of nations has intervened and shifted the matter from 
 its foundations of that species. The expression which 
 Grotius uses on these occasions '■'■ placuit gentihus" is 
 in my opinion perfectly correct, intimating that there 
 is a use and practice of nations, to which we are now 
 expected to conform." * 
 
 • A brief account of the series of great men, who have cultivated 
 and adorned this branch of jurisprudence in England, and whose 
 labours have contributed to define more precisely the rules of 
 public law and have imparted a solidity and completeness to the 
 system as administered before the English tribunals, will be found 
 in the Preface to Dr. Eobert Phillimore's Commentaries upon In- 
 ternational Law, in the course of publication, and which are in- 
 tended to embrace private as well as public law. 
 
 B 3 
 
54 LECTURES ON INTERNATIONAL LAW. 
 
 We may take an instance from the writings of 
 three great authorities, Grotius, von Wolff, and Vattel, 
 in illustration of the different results to which abstract 
 principles lead us, as contrasted with principles re- 
 duced to practice. Von Wolff on abstract principles 
 maintained that it was lawful to make use of poi- 
 soned weapons in war. On like grounds it has been 
 contended, on the occasion of a debate in the House 
 of Commons with reference to hostilities between Great 
 Britain and China, that in the case of defensive war- 
 fare it was lawful for the nation invaded (e. g. the 
 Chinese) to poison the springs. Grotius, however, 
 held that it was contrary to the Law of Nations, not 
 to the law of all nations, but at least to the law 
 of European nations, and such as share in European 
 culture, to make use of poisoned weapons, and that 
 to poison the springs is not merely against the 
 practice of olden times, but against the Law of God, 
 " non tantum contra morem majorum, sed et contra 
 fas Deura." Vattel in like manner refuses to follow 
 in the steps of von Wolff, and declares his adherence to 
 the sounder doctrine of Grotius, observing that, when 
 the Roman consuls rejected with horror the offer of 
 the physician of Pyrrhus to poison his master, they 
 declared it to be for the common interest of mankind 
 not to set the example of such an atrocity. 
 
 Allusion has already been made to the expression 
 " International Law," as of more extensive import 
 than " the Law of Nations," which may be regarded 
 as a specific subdivision of the former, in contradis- 
 tinction to Treaty-Law, just as the municipal law of 
 Great Britain comprises both the Common Law and 
 the Statute Law. Writers, amongst whom Heffter, 
 one of the most recent and most distinguished jurists 
 of Germany, may be mentioned, have proposed to 
 
MB. JUSTICE STORY. 55 
 
 designate the system of law, which regulates the 
 mutual relations of sovereign states, by the name of 
 external Public Law as distinguished from the 
 internal Public Law of states, and thereupon assign 
 to the expression International Law a still wider ap- 
 plication, including under it those private relations 
 between the citizens of separate states, which are re- 
 cognised by civilised nations and are considered to 
 be under their common protection ; and to which, 
 apart from that which regulates the relations between 
 sovereign states, as such, the name of private Lnter- 
 national Law has been assigned. Thus the conflict of 
 laws, foreign and domestic, as it has been termed by 
 Mr. Justice Story, would fall within the province of 
 private international law, which comprises the rules 
 relating to the application of the civil and criminal 
 laws of one state within the territory of another 
 state, the rules in fact by which the conflict between 
 the municipal law of dififerent nations is to be ap- 
 peased. Questions under this head are increasing in 
 number every day with the increasing intercourse be- 
 tween nations. Foreign marriages, foreign divorces, 
 wills made according to foreign forms, successions 
 to real or personal property in foreign countries in 
 cases of intestacy, contracts made at home and to be 
 executed abroad, contracts made abroad and to be 
 executed at home ; these and such like questions form 
 a catalogue of no small bulk and of no slight in- 
 tricacy. They are the last subdivison of inter- 
 national law which remains to be noticed. 
 
 The conflict of laws attracted attention in France at 
 an early period as an important branch of civil 
 jurisprudence ; and writers such as Burgundus, Ro- 
 denburg, and BouUenois had made familiar the dis- 
 tinction between the personality and reality of laws, 
 
56 LECTURES ON INTERNATIONAL LAW. 
 
 the former expression denoting such laws as were of 
 universal application, and which concerned the con- 
 dition and capacity of persons, the latter such laws 
 as regarded property and things, the operation of 
 which was. confined to the country in which the pro- 
 perty or things were situated. The conflict of laws 
 which had arisen in France between the provinces of 
 the same kingdom, operates in the North American 
 continent between the states of the same Union, 
 each of such states being an independent political 
 society, and the laws of the one state having no in- 
 trinsic force or validity within the territory of the 
 other. Thus the question of reconciliation has there 
 assumed larger proportions, and it is not a matter of 
 arrangement in the domestic policy of a nation ; but 
 the point to be decided is, what rule shall prevail, 
 where there is a conflict of laws between independent 
 sovereign states, and rights of a private nature have 
 to be established between the members of diflFerent 
 political communities. The frequent recurrence of 
 such questions, and the important interests at stake, 
 coupled with the serious mischief resulting from the 
 absence of settled rules of obligation and right to 
 govern the intercourse of mankind in such matters, 
 has called forth several writers, amongst whom Mr. 
 Justice Story stands preeminent, who has endea- 
 voured most successfully, in his very able treatise on 
 the Conflict of Laws^ to give form and symmetry to 
 the subject, and has discussed with great clearness 
 and force the foundation, on which the administra- 
 tion of this branch of international jurisprudence 
 rests. He has approved the principle which Huber 
 sets forth in his third axiom : — that the rulers of 
 every empire, from comity^ admit that the laws of 
 every people in force within its own territory ought 
 
PRIVATE INTERNATIONAL LAW. 57 
 
 to have the same farce everywhere, so far as they do 
 not prejudice the powers or rights of other govern- 
 ments or of their citizens. " Rectores imperiorum id 
 comiter agunt, ut jura cujusque populi intra terminos 
 ejus exercita teneant ubique suam vim, quatenus 
 nihil potestati aut juri alterius imperantis ej usque 
 civium praejudicetur." (De Conflictu Legum, 1. 1. 
 tit. 3. § 2.) The rules which are to govern such 
 questions are those which arise from mutual interest 
 and utility, from a sense of the inconvenience which 
 would result from a contrary doctrine, and from a 
 sort of moral necessity to do justice in order that 
 justice may be done to us in return. 
 
 But every nation is at liberty to judge for itself 
 to what extent it will recognise foreign laws, as they 
 affect the state and condition of persons ; and the 
 obligation of the laws of one nation is not admitted, 
 when they are contrary to the policy or prejudicial to 
 the interests of another nation. In the silence of 
 any positive rule repugnant to or restraining the 
 operation of foreign laws, courts of justice everywhere 
 expound and administer them, presuming the tacit 
 adoption of them by their own government, and so 
 acting upon them as a part of the voluntary Law of 
 Nations. The doctrine of Mr. Justice Story in this 
 respect is identical with the decisions of Lord Mans- 
 field and Lord Stowell ; and it has been followed by 
 M. Foelix, in his useful treatise on private interna- 
 tional law, which may be studied with advantage 
 as furnishing, from various European sources, a com- 
 plement to Mr. Justice Story's Commentaries. (Traite 
 du Droit International Frive, Paris, 1843.) 
 
 With regard to the rules which regulate the inter- 
 course of nations, it may have occurred to many 
 persons that there is a difficulty in discovering any 
 
58 LECTURES ON INTKUNATIONAL LAW. 
 
 power to enforce them as law; and Mr. Austin, 
 in his work on jurisprudence, seems disposed to 
 banish the term " international law " from the voca- 
 bulary of jurisprudence, and to substitute "interna- 
 tional morality." Law in general has been defined 
 to be " the external freedom of the moral person." 
 This law may be sanctioned and guaranteed by a 
 superior authority ; or it may derive its force from 
 self-protection. The Jus Gentium is of the latter 
 description. A nation associating itself to the great 
 family of nations, thereby at once submits itself to 
 the law or body of rules common to them all, and by 
 which its international life is to be regulated. It cannot 
 violate this law without exposing itself to the hazard 
 of suspending its own international life, and of in- 
 curring the hostility of other nations, which may 
 coalesce to punish it, or even to terminate its exist- 
 ence as an independent state. The motive, which 
 induces each particular nation to observe this law, is 
 founded upon its persuasion that other nations will 
 observe towards it the same law. The Jus Gentium 
 is founded upon reciprocity of will. " Reciprocity or 
 mutuality " writes Sir J. NichoU, " has always been 
 considered as one of the leading principles of justice 
 in questions arising between nation and nation. For 
 example, by our municipal law this country established 
 the principle of restitution upon payment of salvage, 
 in cases of the recapture of British property from the 
 enemy, notwithstanding pernoctatio infra prcesidia, 
 or any of those ancient general rules by which the 
 property of the former owners was held to be extin- 
 guished ; but the application of this rule to the pro- 
 perty even of our allies in the late war was held to 
 depend entirely upon its reciprocity. Thus, in the 
 case qf the St. Jago, a Spanish vessel (cited in the 
 
PRIVATE INTERNATIONAL LAW. 59 
 
 Santa Cruz, 1 Rob. 63.), the property was condemned 
 as prize to the recaptors, on the ground of its not 
 being shown that restitution of the property of an 
 ally, upon payment of salvage, was the rule of 
 Spanish law; and in the case of the Santa Cruz itself, 
 the same principle was applied with respect to Por- 
 tugal ; but upon that country afterwards engaging 
 prospectively to restore, upon payment of salvage, 
 British property after recapture by Portuguese sub' 
 jects, the rule was made mutual." 
 
 The Law of Nations, in fact, has neither lawgiver nor 
 supreme judge, since independent states acknowledge 
 no superior human authority. Its organ and regulator 
 is public opinion. Its supreme tribunal is history, 
 which forms at once the rampart of justice, and the Ne- 
 mesis by which injustice is avenged. Its sanction, or 
 the obligation of all nations to respect it, results from 
 the moral order of the universe, which will not suffer 
 nations or individuals to be isolated from one another, 
 but constantly tends to unite the whole family of 
 mankind in one great harmonious society. Its pro- 
 vince is to supply a secure foundation for building up 
 the universal fellowship of the human race by the in- 
 tercourse of nations and states ; and its strength and 
 efficacy is such, that no individual nation can lawfully 
 prejudice it by any particular law or ordinance of its 
 own. And whilst by observation and meditation we 
 ascertain what rules of international conduct best 
 promote the general happiness of mankind, by ap- 
 plying those rules as opportunities for carrying them 
 out present themselves, we shall make progress 
 towards that admirable order wherein God has dis- 
 posed all laws, and to which order, to use the golden 
 words of Hooker, " all things in heaven and earth 
 do homage, both angels, and men, and creatures of 
 
60 LECTURES ON INTERNATIONAL l-AW. 
 
 what condition soever, though each in different sort 
 and manner, yet all with uniform consent, admiring 
 her as the mother of their peace and joy." 
 
 The international jurist is by his vocation placed 
 sentinel upon the outworks of this system ; and no 
 nobler end can be proposed to his ambition or sense 
 of duty than to keep vigilant watch, ready to defend 
 the weaker state against the aggressions of the more 
 powerful, and to control the spirit of war and con- 
 quest, when it attempts to overthrow the established 
 doctrines of public law ; and when war has com- 
 menced, his province is to restrain the combatants 
 within just limits, and to stay the arm of the belli- 
 gerent when it would encroach upon the liberties of 
 the neutral. Our lot has been cast in a period 
 when the study of International Law commends it- 
 self at once to us, for Western Europe has taken up 
 arms to avenge a great offence against the Law of 
 Nations. No one can venture to say that such 
 offences will altogether cease to be committed, even 
 if the principles of that Law were more widely spread 
 and more accurately understood ; but thus much may 
 be hazarded, that the more generally those principles 
 shall be diffused, and the more deeply they shall 
 take root, the more difficult will the wrong-doer find 
 it to retain any portion of the sympathy of other 
 nations. The apprehension of perfect isolation may 
 in this way operate as a counterpoise to the sugges- 
 tions of covetousness or the promptings of ambition, 
 and the conscience of a nation, as of an individual, 
 may ultimately become a law unto itself. 
 
 THE END. 
 
 LoNDfiN : Printed hy Si'ottiswoode ^ Co., New-street-Sqwire. 
 
A CATALOGUE 
 
 NEW WOEKS IN GENERAL LITERATUEE, 
 
 PUBLISHED BY 
 
 LONGMAN, BROWN, GREEN, and LONGMANS, 
 
 39, FATEENOSTEB EOW, LONDON. 
 
 CLASSIFIED INDEX. 
 
 Agriculture and Rural 
 
 Affairs. Pages. 
 
 Bayldon On valuing Rente, &c. - 4 
 
 Ca\rd'6 Letters on Agriculture - 5 
 
 Cecil's Stud Farm . - - 6 
 
 Loudon's Aertculture - - - 13 
 
 " Self-instruction - - 13 
 
 Low'B Elements of Agriculture - 14 
 
 " Domesticated Animals H 
 
 Arts, Manufactures, and 
 Architecture. 
 
 Arnott on Ventilntion - - 3 
 
 Bourne On the Screw Propeller - 4 
 
 Briinde'6 Dictionary of Science, &c. 4 
 
 " Or^ftnic Chemistry- - 4 
 
 Chevreul on Colour - - - 6 
 
 Cresy'B Civil Engineerinit - 6 
 
 Eastlake On Oil Paintins - 7 
 
 ■ Gwilt's Encyclo, of Architecture - 8 
 Jameaon' Sacred & Legeudary Art 10,11 
 
 " Commonplace Bo<>k - 10 
 
 KSnig'a Pictoial Life of Luther - 8 
 
 Loudon's Rural Architecture 13 
 
 Moseley'sEngineerine - - 1'' 
 
 Piespe's Art ofPerfumePT - - - 13 
 
 Richardson's Art of Horsemanship IS 
 
 Scrivenoron the Iron Trade - - 19 
 
 Stark's Printing - - - - 23 
 
 Steam Engine, by the Artisan Club 4 
 
 Tiiteon Strength of MHterials - 21 
 
 Ure's Dicttonary of Arts, Ac. 22 
 
 Biography. 
 
 Arago'B Autobiography - 23 
 
 „ Lives of Scientific Man - 3 
 
 Bodenstedt and Wagner's Schamyl 23 
 
 Buckingham's (J- S'l Memoirs - 5 
 
 Bunsen's HippolytuB - - - 5 
 
 Clinton's (Fynes) Autobiography 6 
 
 Cockayne's Marshal Tureune - 23 
 
 Dennistoun's Strange & Lumisrien 7 
 
 Forster's I)e Foe and Churchill - 23 
 
 Haydon'9 Autobiography, by Taylor 8 
 
 Havward's ' hesterfield and Selwyn 23 
 
 Holcroft's Memoirs - - - 23 
 
 Holland's (Lord) Memoirs - - 9 
 
 Lardner'B Cabinet CyclopBpdia - 12 
 
 Maunder'6 Biographical Treasury- 15 
 
 Memoir oftheDukeof Wellington 23 
 
 Memoirs of James Montgomery - lH 
 
 MeriTale'B Memoirs of Cicero - 15 
 
 Rnssell's Memf irs of Moore - - 17 
 
 " Life of Lord Wm. Russell 19 
 
 Southey'8 Life of Wesley - - 21 
 " Life and Correspondence 21 
 
 " Select Correspondence - ?1 
 
 Stephen's Ecclesiastical Biography 21 
 
 Sydney Smith's Memoirs - - 20 
 
 " Wesley - - - 
 Townsend'8 Eminent Judges 
 Waterton's Autobioer»ph v & Essays 
 Wheeler's Life of Herodotus 
 
 24 
 
 Books of General Utility- 
 
 Acton'8 Cookery _ - - - 3 
 
 Black's Treatise on Brewing - - 4 
 
 Cabinet Gazetteer - - - - S 
 
 " Lawyer - - - 5 
 
 Coat's Invalid's Own Book 6 
 
 Gilbart'B Logic for the Million - S 
 
 Hints on Etiquette . - - 9 
 
 How to Nurse Sjck Children - - 9 
 
 "'■' Hudson's Executor's Guide - - 10 
 
 J: " On Making Wills - - 10 
 
 gs, Kesteven'sDomestic Medicine - 11 
 
 Lardner's Cabinet Cyclopaidia - 12 
 
 Maunder's Treasury of Knowledge 15 
 
 " Biographical Treasury 15 
 
 " Scii-ntific Treasury - 15 
 
 " Treasury of History - 15 
 
 '* Natural History - - 15 
 
 PiesBe's Art of Perfumery - 18 
 
 >- Piscator's Cookery of Fish 18 
 
 f- Pocket and the Stud - 8 
 
 '» Pycroft's English Reading - 18 
 
 Reece's Medical Guide - - - 18 
 
 Rich's Pomp to r,ntin Dirtionnry 18 
 
 Pages. 
 Rfchanlson's Art of Horsemanship 18 
 Riddle'sLatin Dictionaries - 18 & 19 
 Roget'B English Thesauius - - 19 
 Rowton'a Debater - - - 19 
 
 Short Wjiist - - - _ 20 
 
 Thomson's Interest Tables - 22 
 
 Webster's Domestic Economy 24 
 
 West on Children's Diseases - 'J4 
 
 Wilirch's Popular Tables - 24 
 
 Wilmot's Blackstone - - 24 
 
 Botany and Gardening. 
 
 Conversations on Botany - - 6 
 
 Hooker's British Flora - - . g 
 
 " Guide to Kew Gardens - 9 
 
 " " " Kew Museum - 9 
 
 Lindley's Introduction to Botany 13 
 
 " Theory of Horticulture - 13 
 
 Loudon's Hortus Britannicus ■- 13 
 
 " TVmateur Gardenrr - 13 
 
 '* Trees and Shrubs - - 13 
 
 " Gardening - - 13 
 
 " Plants - - 13 
 
 Pcreira's-MaTerlaMedica. - - 17 
 
 Rivera's Rose Amateur's Guide - 19 
 
 Wilson's British Mosses - 24 
 
 Gbronology. 
 
 Blair'8 Chronological Tables 4 
 
 Brewer's Historical Atlas - 4, 
 
 Bunsen's Ancient Egypt - - 6 
 
 Haydn's Beatson's Index - - 9, 
 
 Jaquemet'a Chronology - - ll, 
 Johns.& Nicolas' Calendar of Tictory^ll 
 
 Nicolas'8 Chronology of Uistory - 12 
 
 Coxnnxerce and Mercantile 
 Affairs. 
 
 Francis On Life Assurance - 8 
 
 Francis's Stock Exchange - - 8 
 
 Lorimer's Tfoung Master Mariner 13 
 
 MacLeod's Banking - - - 14 
 
 M*CuUoch'8Commerce& Navigation 14 
 
 Scrivenor on Iron Trade - - 19 
 
 Thomson's Inleiest Tables - - 22 
 
 Tooke's History of Pi ices - - 2'J 
 
 Criticism, History, and 
 
 Memoirs. 
 
 Austin's Germany - - - - 3 
 Blair's Chron. and Histor. Tables - 4 
 Brewer's HLetorical Atlas - - - 4. 
 Bunsen's Ancient Egypt - - fi 
 " Hippolytus - - 6 
 
 Burten'8 H4story of Scotland - 5 
 
 Conybeare and Howson'B St. Pnul 6 
 Eastlake's History of lul Painting 7 
 Erskine's History of India - - 7 
 Francis's Ann:^l8 of Life Aesurduce 8 
 Gleig's Leipsic Campaign - - 23 
 Gurney's Historical SketchcB 8 
 
 Hamilton's Essays from the Edin- 
 burgh Review - - - - 8 
 Havdou's Autobiography, by Taylor 8 
 Horiand'B(Lord) Whig Party - 9 
 Jeffrey's (Lord) Contributions - 11 
 Johns and Nicholas's Calendar of 
 
 Victory - - - - - 11 
 Kemble'8 Anglo-Saxons - 11 
 
 Lardner's Cabinet Cyclopsedia - 12 
 Macaulay's Crit. and llist. Essays 14 
 " Hibtory ol England - 14 
 
 " Speeches - - - 14 
 Mackintosh'sMieceUaneous Works 14 
 " History of England - 14 
 
 M'CuUoch'sGeograpKicalDictionary 14 
 Martineau's Church History - - 15 
 Maunder's Tieasuryof History - 16 
 Memoir of Uie Duke of Wellington 23 
 Merivale'B History of Rome - - 15 
 " FJoman Hepublic- - 16 
 
 Milner's Church Hi-story - - 16 
 Moore's (Thomas) Memoirs, &c. - 17 
 Mure's Greek Literature - 17 
 
 Raikes's Journal - - - - 18 
 Ranke's Ferdinand & Maximilian 23 
 Rich's Comp. to Latin Dictionary 18 
 Riddle's Latin Dictionaries 1P&19 
 
 _ Pages. 
 
 Rogers' EssnyB fr om Fdinb. Review, 19 
 
 Roget's En a hsh Thesaurus - - 19 
 
 Russell'sfLady Rachel) Letters - 19 
 
 " Lift- of Lord W, Russell 19 
 
 St. John's Indian Archipelago - 19 
 
 SchmitK's Hibtory of Greece - 19 
 
 Smith's Sacred Annals - - 20 
 
 Sou'licy's Doctor - - - - 21 
 
 Steplien's Ecclesiastical Bioj . aphv 21 
 
 " Lectures on French fi *tory 21 
 
 Sydney Smith's Works - - '20 
 
 " Select Works 23 
 
 " Lectures 'JO 
 
 " Memoirs - ~ 20 
 
 Taylxii's Loyola - . . _ 21 
 
 '■* TPesley - - - - 21 
 
 Thirlwali's Historyof Greece - 22 
 
 Towasend's State Trials - - 22 
 
 Turkey and Christendom - - 23 
 
 Turner's Anglo-Saxons - - 22 
 
 - " Middle Ages - - 23 
 
 " Sacred HiBt.of the World 22 
 
 Whitelncke's Swedish Embassy - 24 
 
 Woods' Crimean Campaign - 24 
 
 Young's Christ of History 24 
 
 Geography and Atlases. 
 
 Arrowsmith's Geogr. Diet, of Bible 3 
 
 Brewer's Historical Atlaa - « 4 
 
 Butler'sGeography and Atlases - 6 
 
 Cabinet Gazetteer - . - - 5 
 
 Cornwall, its Mines, &c. - - 23 
 
 Durrieu's Morocco - - - 23 
 
 Hughes's Auutralian Colonies - 23 
 
 Johnston's General Gazetteer - 1 1 
 
 Lewis's English Rivers - - \i 
 U'CuUoch'b Geographical Dictionary i4 
 
 *' Russia and "Turkey - 23 
 
 Milner's Baltic Seu - - 16 
 
 " Crimea - - - ]fl 
 
 " Russia - - - 16 
 
 Murray's Encvclo. ol Geography - 17 
 
 Sharp's Bntis'h Gazetteer - 19 
 
 Wheeler's Geography of Herodotus 24 
 
 Juvenile Books. 
 
 Amy Herbert- - - - 20 
 
 Cleve Hall 20 
 
 Earl's Daughter (The) - - _ 20 
 
 Experience of Life - - 20 
 
 Gertrude - - - 20 
 
 Gillmrt's Logic for the Young 8 
 
 Howitt's Boy's Country BooFi 10 
 
 " (Mary)Children's Year 9 
 
 Katharine Ashton - - - 20 
 
 Laneton Parsonage - - - 20 
 
 Mrs Marcet'sConversaUons - - 16 
 
 Margaret Percival . - - - 20 
 
 Pycroft's English Keading - -18 
 
 Medicine and Surgery. 
 
 Brodie's Psychological Inquiries - 4 
 
 Bull's Hintt. to Motherb - 5 
 
 " Managementof Children 5 
 
 Copland's Dictionary of Medicine - 6 
 
 Cust's Invalid's Own Book - - 6 
 
 Holland's Mentitl Physiology - 9 
 " Medical Notes anif Reflect. 9 
 
 How to Nurse Sick Children - - 9 
 
 Kesteven's Domestic Medicine - 11 
 
 Latham Un Diseases of th* Heart - 1 1 
 
 Pereira On Food and Diet - 17 
 
 Pereira's Materia Medica - - 17 
 
 Reece's Medical Guide - - - 18 
 
 West on Diseases of Infancy - 24 
 
 Miscellaneous and General 
 Iiiterature. 
 
 Austin's Sketches of German Life 4 
 
 Carlisle'B Lectures and Addresses 2S 
 
 Defence of Lcltpae o/i'axth . - 7 
 
 Eclipse of Faiih - - - 7 
 Greg's Esssiys on Political and 
 
 Social Science - - - - g 
 
 Hassall on Adulteration of Food - b 
 
 Haydn's Book of Dignities ■ - 9 
 
 Holland's Mental Phyaiology - 9 
 
 Hooker's Kew Guides - - - 9 
 
CLASSIFIED INDEX. 
 
 PageB. 
 
 „ -J - 10 
 
 ViBJtsto Reinar}(bblePl&ceB 10 
 
 Jameson's Common pljtce-<'Book - 10 
 
 Jeffrey's (Lord)' CotftributlU>ns - 11 
 
 Laat oftneOld-Sqairea - - 17 
 
 Macaalay'ft Crit. and Hist. EBsayi li 
 
 " Speeches - - - 14 
 
 Mackintosh's MiBcellajieoiia Works 14 
 
 Memoirs.of a/Maitre d'A.rnie» - 33 
 Maitland's Chnrch in the Catacombs 14 
 
 Martineau's Miscellanies - - 16 
 
 Pascal's WopkB, by PearcB - - 17 
 
 Printing; Its Origin, &c. - - 23 
 
 Pycroft^ Engliali Reading - - 18 
 
 Rich's Comp. to Latin Dictionary 18 
 Ritldle's Littin Dictionaries - 18 & 19 
 
 Rotrton's Debater - - 19 
 
 Seaward's Narrative of his ShipwiecV 19 
 
 Sir Rogec de Coverley - - - 20 
 
 SmitJi's (Rev. Sydney) Works - 20 
 
 I Southey'aQommon.-place Books - 31 
 
 I " ThjC.Dootor &c. - - 21 
 
 I Sonveslnre's Attic Philosopher - 23 
 
 i " Confessions of a Workinn Man 23 
 
 Spencer's Psychology - - - 21 
 
 Stephen 'fl.EsBaya - - - - 21 
 
 Stow's-S'rainingi System - - 21 
 
 I'agart pn Locke's Writings - - 21 
 
 Thomaon'B Laws' of Thought - 22 
 
 Towuvnd'A -St»U Trials - - 22 
 
 Willich'sJRopuUv Tables' - - 24 
 
 Yonge's Englwbl-^reek Lexicon - 24 
 
 *f Latin Gradua - - 24 
 
 Zumpt's Latin. Grammar - - 24 
 
 Natural History in general. 
 
 Catlew's Popular ConchoIogT - 6| 
 
 EphemeraandT'Diing On the Salmon 7 
 
 Gosae'S'Nat.tHist. of Jamaica - 8 
 
 Keaip'B 'Natural Hist.- of Creation 23 
 
 Kirby and Spence's Entomolog'}- - 11 
 
 Lee'sElemButaoF Natural History 11 
 
 Mann on Reproduction - - 14 
 
 Maunder'a,NaturalH>stoTy. - - \& 
 
 Turton'^SKells oftbeBritiBHTBlandB 22 ' 
 
 Walet-ton'sEaaaya onNAiural Hiat. 22 
 
 Yonatt'sTheDog'- - - 24 
 
 " The Horse - - 24 
 
 l-Volume EncyclQpeedias 
 and Dictionaries. 
 
 < , -ArroivBmith?BiGinoer..Dict.r.of. Bible 31 
 
 Biaine'<Haial Sports - - . 4 
 
 Brande's ScienQe^-Idteraturo^ft Art 4 
 
 Copland's Dictionary-of Medicine..- 6 
 
 Cresy's Civil Engineering - 6 
 
 , ( Owilt'B Architectuce . ~> . g 
 
 Johoslioii's Geographical Dictiousry 11 . 
 
 Loudon'B A^culture - - • 13 { 
 
 " BiUnal.A'Tehitectur&i - 13 ; 
 
 " Gardening' - - - IS * 
 
 " Plants - . - - - 13 
 
 ** Treves and Sbiutis - - 13 
 
 H'Culloch'sGeographjcalDictionary 14 
 
 " Dictionary of Qommerce 14 
 
 Muncay'sJBncyclo.of Geography - 17 
 
 Sharp's British Gazetteer' - - 19 
 
 Ure's Dictionary of Artn,&c.-'- - 22. 
 
 WebsteT'BjDomestic Economy - S2 
 
 Religious & Moral Works. 
 
 Amy Herbert - - --20 
 
 A^rowBmitlL'8.Geo{p^. Diet., of Bitfle 3 
 
 Bloomfield'a Greek Testament. - 4 
 
 " Annotations on do.. - 4 
 
 Bode's Bampton Lectures - - 4 
 
 Calrert'B Wife's Manvial. - , . s 
 
 CleveHall - - ... so 
 
 Conybeare's EKsays - . - 6 
 
 Conybeare And Howson's St. Paul 6 
 Dale's Domestic Liturey 
 
 Desprez On thb Apocalypse 
 DiBc!)lHBe . - - . . 
 Earl's D&tighter (The) - . - 
 Eclipse ofFiLith - 
 
 Engliahman'B Greek Concordande 
 Englishttt&n'BHeb.&Chiad.Goncord, 
 Eiperience of Lifl> (The) - 20 
 
 Gertrude 20 
 
 Harrison'B Light of the Forge - 8 
 
 Hook's LectUreBon Passion week 9 
 
 Home's Introduction to Scriptures g 
 
 "; Abrldf^estoMitto - 
 
 " Communicontls.Companion 9 
 
 JviKfeson'^ Sacred Legeboti - - lo 
 
 "" Mouastic Legends - - 10 
 
 (' LegendsnfcfieMiadonna 10 
 
 '* Sisters of Charity - 10 
 
 Jeremy Taylqr's Works'- - - U 
 
 Kitlisch*B'Cdmnientary on SitodUt - 1 1 
 
 Katharine Aabton - - - 20 
 
 KtbpiB'a HjihnB - - - - II 
 
 Konig'sPictdri&l Life of Luther - 8 
 
 Pages. 
 
 Laneton Parsonage - - - 20 
 
 Long^s Inquiry-concerning Religion, 13 
 
 Lyra Getmanica -. - - 5 
 
 Muitland'sCbAuch-inCatacombS' - 14 
 
 Margaret Pcrcival - - - - 20 
 
 Mai'tineau's Christian Life - - 15 
 
 " Church History - 16 
 
 Milner's Chtuctl of 0}irist' - - 16 
 
 KIontgomery'B Original Ibmns - IS 
 
 Moore On the Use of the Body - 16 
 
 " " Soul and Body ? 16> 
 
 ** 'B Man and his Motires - Id 
 
 Morit.oniBm - - - - 23 
 
 Neale's Closing Scene - - - 17 
 
 " Resting' Places of the Juct 17 
 
 " Riches that Biting aoSorrow- 17 
 
 " Risen from the Banks - 17 
 
 Newman's (J. H.) Discoursea - 17 
 
 Ranke'fl ferdjnand '&(MaximiHan 23 
 
 Beadinss.forLent; -. - - 20 
 
 '* Oonflrmatioft. - - 20 
 
 Robins againat the RomanChuich, 19 
 
 Robinson's Lexicon to the Greek 
 
 TeHtament 19 
 
 Saints our Example -. - - 19 
 
 Self-Denial - - -. - - 19 
 
 Sermon in the' Mount- - - 19 
 
 Sinclair's JouKoeyoCLi/e - - 20 
 Smith's (Sydney) Moral Philosophy 20 
 
 " (G.) Sacred AnnalB.- - 20 
 
 SoutheysLifeofWefilfe/ - - 2^1 
 
 Stephen's Ecclesissticaf Biography 21 
 
 Tayler's (J. J.) Dlecourses - - 21 
 
 Taylor's Loyola' - - - 21 
 
 '« Wesley - - - - 21 
 
 Theologia Germanica -^ - - 6 
 
 Thomson on the Atonement - - 22. 
 
 Thamh Bible (The) . - - 22 
 
 Turner's Sacred History - - - 22 
 
 Twining'B Bible Typea - - - 22 
 
 Wheeler's Popular- Bible Harmony 24 
 
 Poetry and tlie Drama. 
 
 Arnold's F-oems - - - 3 
 
 Aikin-s{Dr.l British PoetH - - 3 
 
 Baillie'B (Joanna] P^etic^l Works r S 
 
 Bode'B Ballads from Heiodotus - 4 
 
 Calvert's Wife's Manual - - fi 
 
 Flowers and their Kindred Thoughts 11 
 
 Goldsmith's Poema, illnatrated ' - 8 
 
 KippiB'aHymnB' - - - - 11 
 
 L.E.L.'aPoeticalWorIg- - - 13 
 
 Llnwood'B Antbolt^a < zonieasis- 13 
 
 L^ra Germanica - _ ■■ - g 
 
 Macaulay'B Laye-of- Ancient Rome 14 
 
 Mac-Donald'^s Witdiin^and'V((itJiont 14 
 
 Montgomery's Poetical Works . - 16 
 
 " Original Hymnfl - 16 
 
 Moore's Poettcal ■\vork& , - - 16 
 
 " Lalla Rookh - - - 16 
 
 " Irish Melodies - - - 16 
 
 " Songs and B^lladii'.- - 16 
 
 Shakspeare,i>y Bowdler ■ - ' - 20 
 
 " S^ntimeujis & Similes 10 
 
 Southey's Poetical Wtirks - - 21 
 
 " British Poets - - - 21 
 
 Thomson'sSe^ons, illustrated - 21 
 
 Political Economy^ and 
 Statistics. 
 
 Caird's Letters on Agricultuu - ^ 
 
 Census of 1851 - - - . 6 
 
 Francis On Life Assurance - 8 
 Greg's EB&ays on Political and 
 
 Social Science • - - - 8 
 
 Lainz's Notes of a Trayellgr - 11 & 23 
 
 M*Cullo(di>8Gio^.StatiBt^&<}.Dlctf. 14 
 
 ** Dictionary of Commerce 14 
 
 " London - - - 23 
 
 " StatisticBofGt. Britain 14 
 
 Marcet'B PoUtlca] Economy - - 16 
 
 Rickards On Population ft Capital 18 
 
 ToKObotshi's Russian StatiBtlcs - 21 
 
 wmich'8 Popular Tables - L 24 
 
 The Sciences in General 
 and Mathematics. 
 
 Arago'B Meteorological EsBays 
 " Popular A Btronomy - 
 Bourne On the Screw Propeller - 
 Brande's Dictionary of Science, Ac. 
 " Lectures on OrganloChcmistty 
 Cresy's CiVll Engineering 
 " ' ■ " ofCo 
 
 DelaBeche'BGeologyofCornwall,$c. 7 
 
 " Geoloaical Observer - 7 
 
 De la Rive's Electricity - . 7 
 
 Pariidiy's Non-Metallio Elements 7 
 
 HerBchel'B Outlines of Astronomy 9 
 
 Holland's Mental PhyMoiogy' - 9 
 
 Humboldt'B Aspects oiNatur'e - 10 
 
 *' Cosmos ... 10 
 
 Hunt On Light - - - lu 
 
 Kemp's Phasis of Matter - - 11 
 
 Lardner's Cabinet Cyclopiedia - 12 
 
 Pages ; 
 Maon on Reproduction - - - li 
 Marcet'a (Mrs.) Conversations " # 14 
 Moaeley'sEngineering&Archit^fa^f 17 
 Owen's Lectures on Comp.Anatomy-^ 17 
 Our Coal Fields anrf our.Coal Pits 23 
 Pereira on Polarised Liffht - ' - ' l7 
 Peschel's Elements of ^lysics -' 18 
 Phillips's FoBsilfi of Ccwnwall, Sec. IB 
 ** Mineralogy. - -• - r'-]8 
 " Guide to Geology - ^.'.18 
 Fortlock's Geology of Londond^irK' 18 
 Powell's Unity oTWorlds - ' -'-^8 
 Smee'B Electro-Metallurgy - -r20 
 Steam Eiigine (The) - - . i " 4 
 Tate On Strength of Materials r„ 91 
 Wilson's Electric Teletuaph • - f 23 
 
 Rnral Sports. 
 
 Baker's Rifle and Hound in Ceylon 3 
 
 Berkeley's Reminiscences - - 4 
 
 Blaine'B Dictionary of Sports - 4 
 
 Cecil'B Stable Practice - - . 6 
 
 " Records of the-Chase, - . - 6 
 
 " Stud Farm - - - - 6 
 
 The Cricket- Field - - . . 6 
 
 Davy's Piscatorial ColIoquieB- - 7 
 
 Ephemera On Angling ... 7 
 
 •' Book of the Salmon 7 
 
 Hawker'a Young Spoftsman - 8 
 
 The HuntiDg-Pield - . . B 
 Idle's Hints on Shooting - -10 
 
 Pocket and the Stud - ... 8 
 
 Practical Horsemanship - ^ 8 
 
 Richardson's Horsemanship - - 18 
 
 St John's Sporting Rambles . . 19 
 
 Stable TaXk and Table Talk, - - 8 
 
 Stonehenge On t^e Greyhoimd 21 
 
 The Stud, for Practical Purposes - 8 
 
 Veterinary Medicine, &c. 
 
 Cecil's Stable Practice - 6 
 
 " Stud Farm 6 
 
 Hunting Field (The) - - - 8 
 
 Miles'a Horse- Shoeing -. - - 16 
 
 Pocket and the Stud - - - 8 
 
 Practical HoTsemanship -, - 8 
 
 Bichardeon*s 'Horsemanship^ ••- 18 
 
 Stable Talk and Table Talk. .- 8 
 
 Stud (The) -. - - - 8 
 
 Youatt's The Dog. - - - - 24 
 
 " The Horae - - - 24 
 
 Voyag^es and Travels, 
 
 Allen's Dead Sea - - - - S 
 
 Baines's Taudois of Piedmoni' . 23 
 
 Baker's Wandmngs in Ceylon^ - 9 
 
 Barrow's Continental Tour - - 23 
 
 Bmton's Medina and Meoca-i- - 5 
 
 Carliale'e Turkey and Greece - 6 
 De Cusiine's Russia • --23 
 
 Duberly's Journal of the War - 7 
 
 Eothen 23 
 
 FerguKOn's Swiss Travels- - - 23 
 
 Forester'a Rambles in Norway 23 
 
 Gironifere'a Philippinea - - - 23 
 
 Gr^oroviuB's Corsica - . . 23 
 
 Hill'.! Travels in Siberia - - 9 
 
 Hope'B Brittany and'the Bible - 23 
 
 " Chase in Brittany -.. - 23 
 
 Howitt'B Art-Student in Munich> - 9 
 
 " (W.) Victoria- -: - 10 
 
 Huc'a Chinese EnipiBe <- . <^-<' - 10 
 
 Hue and Gabet's l^artai^ ftlThibet 23 
 
 Huf^heB'sAustxalian Colonies'' - 23 
 
 Humboldt's Aspects of Nature 10 
 
 Jameson'sCanada- . - - 23 
 
 Eennard's Eastern Tour -, • 11 
 
 Jerrmann's S^. Peterbburg -' - 23 
 
 Laing*s Norway .. - - - 23 
 *' Notes of a Traveller 11 ft 23 
 
 Marryat's California - - - 15 
 Mason's Zulus of Natal - -23 
 
 Mayne'B Arttic Discoveries - - 23 
 MileB's Rambles in Iceland - -23 
 
 Osborn'a North West Passage - 17 
 
 Pfeiffer's Voyage round the World 23 
 
 ** Second dittff ^ - - 18 
 
 Richardson's Arctic Boat Voj'ags IB 
 
 . Seaward's Narrative - - - 19 
 
 St. John's (H.) Indian Archipelago 19 
 
 " (Hon. F.) Rambles - 19 
 
 Sutherland's Arctic Voynge - - 21 
 
 Weld's United States and Canada - 24 
 
 Werne's African Wanderings - 23' 
 
 Wheeler's Travels of Htrodotus - 24 
 
 Young's Christ of History - - 24 
 
 Works of Fiction. v:4^ 
 
 Arnold's Oakfield - "^™ 3' 
 
 Lady Willouehby'sDISlT ^ "*"- 24 
 
 Macdonald'sTiU& Vero66&|0'^''^f - 1^ 
 
 Sir Roger de Coverley - * *1#- 20 
 
 Southey'B The Doctor&c. ^*M - 21 
 
 TroUope's warden ' ■-';«'^- 23 
 
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