} PREFACE. I. SINCE THE PUBLICATION, last year, of the Second Edition of the First Volume of these Commentaries two new Treaties have become part of positive International Law. To both of them England has been a contracting party; and both are of grave importance to the commonwealth of States, as to their immediate consequences and as to the principles which they contain. The consideration of them belongs more properly to the former volume; but in the circumstances it appears to me expedient to draw attention to the general character of them here, and to 'place the Treaties themselves at length in the Appendix to this volume. II. The first Treaty relates to the navigation of the Black Sea, altering with respect to this subject the conditions of the Treaty of 1856. The alteration itself is important; but still more important was the adoption by the Conference, which met to consider the question, of the resolution, proposed by Lord Granville, namely, " That the Powers recognise that it " is an essential principle of the Law of Nations that "none of them can liberate itself from the engage"ments of a Treaty, nor modify the stipulations thereof, unless with the consent of the contracting "parties by means of an amicable understanding." The circumstances which rendered the assertion of this cardinal principle necessary will be found at pp. 72-74 of this volume (a). III. The recent Treaty of Washington had for its object to settle more especially the claims preferred by the United States against England on account of the captures made by the "Alabama." In the Preface to the last edition of the first volume of these Commentaries, I observed: "The dispute which unhappily arose between England and the United States, in consequence of "the escape of the ship Alabama' from British territory and her subsequent employment as a ship "of war by the Southern Confederates is, I deeply regret to say, still open. I will only say in this 'place, that no English jurist could object to have "that dispute decided upon the principles of law 66 66 (a) See also Debates in the House of Lords, in March 1871. 66 "laid down, harmoniously, I think, on the whole, by the tribunals of the United States and England, "and by reference to the public Acts and documents "of both countries" (b). The English Government sent a Commission composed of distinguished and learned persons to Washington for the purpose of adjusting these claims, the result of which has been the Treaty above mentioned. By it certain Arbitrators are appointed, and the rules of International Law by which they are to be guided are thus stated in the Treaty: 46 "A neutral government is bound, First. To use "due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel "which it has reasonable ground to believe is intended "to cruise or carry on war against a Power with "which it is at peace; and also to use like diligence "to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as "above, such vessel having been specially adapted, in "whole or in part, within such jurisdiction, to warlike 66 Secondly. Not to permit or suffer either bellige"rent to make use of its ports or waters as the base of "naval operations against the other, or for the purpose "of the renewal or augmentation of military supplies "or arms, or the recruitment of men. Thirdly. To exercise due diligence in its own "waters, and as to all persons within its jurisdiction, "to prevent any violation of the foregoing obliga"tions and duties." Nevertheless, the British plenipotentiaries are ordered "to declare that Her Majesty's Government "cannot assent to the foregoing rules as a statement "of principles of International Law which were in "force at the time when the claims mentioned in "Article I. arose, but that Her Majesty's Govern"ment, in order to evince its desire of strengthening "the friendly relations between the two countries "and of making satisfactory provision for the future, agrees that, in deciding the questions between the "two countries arising out of those claims, the "Arbitrators should assume that Her Majesty's "Government had undertaken to act upon the principles set forth in these rules." 66 66 Then follows this important stipulation: "And the High Contracting Parties agree to "observe these rules as between themselves in future, "and to bring them to the knowledge of other "maritime Powers, and to invite them to accede to "them." But this last stipulation does not yet form part of the Municipal Law of the United States, whereas it does form part of English Municipal Law, being contained in the "Foreign Enlistment Act" of last year (c). (c) 33 & 34 Vict. c. 90. See Appendix to vol. i. and Preface, pp. xxii-xxix. |