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Protestant Italian jurist, who was appointed professor of civil law at Oxford in 1588. His chief work, De jure belli, which was published in 1598, and reedited by Professor Holland in 1877, furnished the model and framework for the first and third books of Grotius' De jure belli ac pacis. Gentilis is undoubtedly the most important of the forerunners of Grotius, but lacks the idealism, passion for justice, and broad humanitarism of the latter. He is the founder of the historical school of international jurists, and is also in some other respects (as, e. g., his advocacy of the rights of neutrals) in advance of Grotius.

On the Precursors of Grotius, see especially the voluminous researches of Nys, more particularly his Le droit de la guerre et les precurseurs de Grotius (1882); Les Origines (1894); Etudes (1896 and 1901), passim; and Le Droit Int., 11, 213-232. See Les Fondateurs de Droit Int. (1904), ed. by Pillet for studies of Victoria, Gentilis, and Suarez. See also Holland's Studies (1898) and Westlake's Chapters (1894) for valuable studies of Ayala, Suarez, Gentilis, etc. Walker's History and Science of Int. Law, passim; Rivier, in Holtzendorff's Handbuch I, § 85; Wheaton's History (1845), Introduction; and Kaltenborn, Die Vorläufer des Hugo Grotius (1848) contain much valuable information.

On the History of Int. Law since the Peace of Westphalia, see especially 1 Alcorta, Cours de droit int. pub. (1887), ch. 6, §§ 3-4; Alvarez, Le droit int. américain (1910); Bax, Essai sur l'evolution de droit des gens (1910); De Boeck, De la propriété ennemie sous pavillon ennemie (1882), 1-153; Brie, Die Fortschritte des Völkerrechts seit dem Vienna Kongress (1890); Hosack, Rise and Growth of the Law of Nations (1882), chs. 8-10; Laurent, Etudes sur l'humanité, Vols. X-XVIII; 1 Kleen, De la neutralité (1898), Introduction historique, 1-70; Leseur, Introduction, §§ 41-59; 1 Mohl, Geschichte and Litteratur der Staats-wis• senschaften, 337-475 (1885); #Nys, Etudes, esp. I, 318-406; on 'La revolution française et le droit int.; " #Ompteda, Litteratur des Völkerrechts (1785); Pierantoni, Die Fortschritte des Völkerrechts im XIX Jahrhundert (1899, trans. by Scholz); Wheaton, History of the Law of Nations (1848), passim; ibid., Histoire des progres du droit des gens en Europe (4th French ed. 1865).

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Among the treatises which deal with the subject in a more or less satisfactory manner are Bonfils-Fauchille, Calvo, Chrétien, Despagnet, Fiore, Halleck, F. de Martens, Mérignhac, #Nys, and Taylor.

On the history of the science of international law, see 1 Alcorta, Cours, ch. 7: 1 Mohl, Geschichte und Litteratur der Staatsswissenschaften (1885), 337-475; Nys, Le Droit Int., 213-328; #Ompteda, Litteratur des Völkerrechts (1785), passim; Nys, Notes sur l'histoire dogmatique et literaire de droit int, en Angle terre (1888); ibid., Les theories politiques et le droit int. en France jusqu'an XVIII siecle (1899); ibid., Etudes, passim; Les Fondateurs du droit int. (1904), ed. par Pillet; Rivier in Holtzendorff's Handbuch, §§ 85-123; Walker, The Science of Int. Law (1893), passim; Wheaton, History (1848), passim. Among the treatise, see #Bonfils, Calvo, Fiore, Halleck, Manning, Martens Nys, #Oppenheim and Taylor.

For bibliographies, see Bonfils, Mohl, Nys, Ompteda, #Oppenheim, Rivier in Holtzendorff, and #Olivart, Bibliographie de droit int.

For treaties, see the collections and summaries contained in Dumont, Flassen,

Gardner, Hertslet, Koch, #Martens, and the Archives Diplomatiques. See also SUPPLEMENTS to this JOURNAL, the volumes on the Foreign Relations of the United States, published as House Documents, the British and Foreign State Papers, the Partiamentary Blue Books, and the documents published in the Revue générale de droit int. public and the Zeitshrift für Völkerrecht, etc. The leading available periodicals on international law are as follows: American Journal of International Law (since 1907); Revue générale de droit international public (since 1894); Revue de droit international et de legislation comparée (since 1869); Zeitschrift fur Völkerrecht und Bundesstaatsrecht (since 1907); and the Annuaire de l'Institut de Droit Int. (since 1877).

Valuable articles and notes on international law also frequently appear in the American Law Review, the Green Bag, the Law Quarterly Review, the Law Magazine and Review, the Journal of the Society of Comparative Legislation, the American Political Science Review, the Archiv für öffentliches Recht, the Annalen des deutschen Reiches, and the Revue de droit public et de la science politique.

On the jus naturale, see Ahrens, Das Naturrecht (1846); #Bryce, Studies, Essay, XI, 546-606; Burlamaqui, Principes du droit naturel (1747), passim ; Carlyle, History of Medieval Political Theory, passim; Clark (A. I.) on "Natural Rights " in 16 Annals of Am. Acad. Soc. and Pol. Sci., 212-216; #Dunning, Political Theories, Ancient and Medieval and From Luther to Montesquieu (2 vols.), passim; Gierke, Johannes Althusius und die Naturrechtlichen Theorien, passim; Hibben in 4 Int. J. of Ethics, 133-160; Holland, Jurisprudence (10th ed.), 6, 30-38; Lorimer, The Institutes of the Law of Nations (1883), in 2 vols., passim; 2 Lowell, Government of England, 477–88; #Maine, Ancient Law (Pollock's ed.), chs. 3 and 4, and Pollock's note in Appendix; Mackintosh, The Law of Nature and Nations (1828) (see also his Miscel. Works, 27-43); Miller, Philosophy of Law, Appendix A, 376-83; Pollock, Expansion of the Common Law; Pulszky, Theory of Law and Civil Society, ch. 4, 77-83; Ritchie, Natural Kights, espec. ch. 5; Rutherford, Institutes of Natural Law (1832, 2d Am. ed.), espec. Bk. I, chs. 1, 2 and 5, and ch. 9 of Bk. II; Salmond in 2 Law Quarterly (1895), 121-43; Taylor (T. W.) in 1 Annals Am. Acad. Soc. and Pol. Sci. (1891), 558-85; #Voigt, Das jus naturale et gentium der Römer (1856), in 4 vols.. passim; Walker, History, passim; Willoughby, Political Theories, 249 ff. and 281 ff.; ibid., The Nature of the State, ch. 5, 89-115.

THE GOVERNMENT OF THE UNITED STATES AND

AMERICAN FOREIGN MISSIONARIES

It is common knowledge that the United States was originally settled either by God-fearing men and women fleeing from persecution, or by political refugees who were unable to bring about reforms which they believed essential to good government and were unwilling to comply with the state of affairs existing in the Old World, or, finally, by those who, unfortunate at home, were desirous of bettering their condition in the New World. The Pilgrim and the Puritan, the Episcopalian and the Catholic, the Quaker, the Presbyterian and the Lutheran settled the Atlantic Coast. The roundhead and the cavalier, the rich and the poor and the inmate of the debtor's prison found themselves side by side upon a plane of equality without the traditions and the conservatism of an older world. Whether the colony was composed of Puritans and manifested intolerance to the protestant brother of a different faith; whether the settlement re mained loyal to the Church of England, as Virginia, or favored the Catholic, as Maryland, or freely accepted the law-abiding without questioning his religion, as the Quakers of Pennsylvania, the principle of religious toleration steadily gained ground, and by the time of the Revolution it may be said generally that religious differences ceased to influence men or their conduct toward each other, by virtue of a conception of liberty which embraced not merely the right to and protection of property but the freedom of thought, of speech and of public worship. The example of Virginia, which in 1786 established religious freedom by statute, profoundly influenced the Federal Government and the various States of the Union; for, by the First Amendment to the Constitution of the United States, it is provided that "Congress shall make no law respecting the establishment of a religion, or prohibiting the free exercise thereof," and the States of the American Union have, in their various Constitutions, placed the same restriction upon their legislatures. The amendment of the

Constitution and the like provisions in State Constitutions were not dictated by indifference or hostility to the principles of the Christian religion, but aimed to prevent not merely the establishment of any one form of religion, however widely spread, but to establish upon a firm footing the right before the law of every religious sect.

As the Constitution of the United States prohibits the establishment of any national religion, and as the States of the Union have incorporated this provision in their respective constitutions, it necessarily follows that there neither is nor can be established in the United States a state church. As the United States differs so radically from the countries of the Old World in which a state religion either exists or has existed, to the disadvantage, it is submitted, of both church and state, and as the absence of a state religion and the favored position of its votaries influence necessarily in no small measure the foreign policy of the United States in matters of religion, the status of religious bodies in the United States, as set forth by a learned writer,' may be of some interest:

Complete separation of church and state, and complete freedom in religious worship and in the expression of religious belief, are the rules throughout the States. In none of them can preference of one religious sect over another be established by law, or compulsory support, by taxation or otherwise, of religious worship, or attendance thereon, be required, or restraint upon the free exercise of religion according to the dictates of the conscience be imposed. Nevertheless, the common law of the land recognizes the fact that the prevailing religion is Christian, and it will not suffer one with impunity to shock the moral sense by utterances which a Christian community would regard as profane or blasphemous.

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The religious societies which exist throughout the States are quite different in their organization from those which exist in England, and still more different in the relations they sustain to the State. They are for the most part formed under general laws; which permit the voluntary incorporation of societies of attendants upon religious worship, under such regulations as they shall see fit to establish for themselves, and with power to hold real and personal property for the purposes of their organization, but for no other purpose.

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All questions relating to the faith and practice of the church and its members belong to the church judicatories, to which they have volun

1 Cooley's Blackstone, Vol. 1, Editor's note to p. 376.

tarily subjected themselves. But, as a general principle, those ecclesiastical judicatories cannot interfere with the temporal concerns of the congregations or society, with which the church or the members thereof are connected.

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Such a society, when duly incorporated, is not an ecclesiastical, but a private civil corporation, the members of the society being the corporators, and the trustees the managing officers, with such powers as the statute confers, and the ordinary discretionary powers of officers in civil corporations.

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The church connected with the society, if any there be, is not recognized in the law; the corporators in the society are not necessarily members thereof, and the society may change its government, faith, form of worship, discipline and ecclesiastical relations at will, subject only to the restraint imposed by their articles of association and to the general laws of the State. * * *

The courts of the State do not interfere with the control of these corporations or with the administration of church rules or discipline, unless civil rights become involved, and then only for the protection of such rights.

In a certain sense of the word, the United States is not a Christian nation, for Christianity is not prescribed by statute and the government, as such, is not and can not be interested in any form of religion. In all the essentials of Christianity, however, we are a Christian nation; for the principles of the Christian religion are universally recognized and the right of any citizen or foreigner within our borders to profess in public as well as in private his religious beliefs is recognized and safeguarded by the laws of the land.

If, therefore, the United States, as such, exerts no influence upon the religion of its citizens concerning questions of faith and of individual opinion, in the formation of which the government neither has nor can have any voice, it would seem to follow that the United States, as such, should take no greater interest in the propagation of the Christian faith in foreign lands than it does in the development and growth of religious denominations within its own territory; that is to say, the United States can not well be a party to missionary enterprise in the sense that the missionaries are in any way clothed with an official character, or that they be granted greater rights and privileges by virtue of their sacred calling than other American citizens engaged in lawful pursuits. In a carefully considered dispatch

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