Commenentaries Upon International Law

reduce, in some measure at least, to a system, the principles and precedents of International Law; and that this is a task which the very nature of the materials renders extremely hard: inasmuch as it is very difficult so to arrange them, as to avoid on the one hand a vague unsatisfactory generality, and on the other an appearance of precise mathematical accuracy, of which the subject is not susceptible.

The author is anxious to express a sincere hope that others of his fellow countrymen, profiting by what may be useful, avoiding what may be erroneous, supplying what may be defective in his labours, may by them be stimulated to undertake and execute a better treatise upon the same subject.

It is by such gradual additions and painful accumulations that the edifice of this noble science may one day be completed, and the Code of International Jurisprudence acquire in all its branches the certainty and precision of Municipal Law; such a result would be greatly instrumental in procuring the general recognition and ultimate supremacy of Right in the intercourse of nations, and, with the blessings of God,

in hastening the arrival of that period, when the aspiration [*xxxviii]

of the Philosopher and the vision of the Prophet shall be accomplished. "Nec erit alia lex Româ alia Athenis; alia nunc, alia posthac, sed et omnes gentes et omni tempore una lex et sempiterna et immutabilis continebit." (Cicero, De Re Publicâ, 1. 3, c. 22.) "Nation shall not lift up sword against nation, neither shall they learn War any more." (Isaiah, c. ii. v. 4.)

CONTENTS.

PART I.

The pages referred to are those between brackets [ ].

INTRODUCTION. FOUNDATIONS OF INTERNATIONAL JURISPRUDENCE. Pp. 1-10.

1. The Laws which govern International Relations.

2. The Subjects of these Laws.

3. The Objects of these Laws.

4. Certain Subjects requiring a particular Consideration.

5. Legal Means of enforcing International Public Rights.

6. Jus Privatum inter Gentes, or Comity.

CHAPTER II.

PLAN OF THE WORK. Pp. 10-14.

CHAPTER III.

SOURCES OF INTERNATIONAL LAW. Pp. 14-29.

5. Divine and Natural Law. How applied to Christian and Heathen States.
Effect of Christianity upon International Law.

Application of Natural and Revealed Law to States. Use of the Roman Law.

CHAPTER V.

CONSENT OF NATIONS. Pp. 37-43.

How manifested. By positive Convention. By Custom.

JULY, 1854.-3

CHAPTER VI.

HISTORY. Pp. 43–58.

Repositories of International Law. History. Treaties. Proclamations. Marine

Ordinances. Decisions of Prize Courts.

CHAPTER VII.

WRITERS ON INTERNATIONAL LAW. Pp. 58-64.

Their Authority and Use.

CHAPTER VIII.

RECAPITULATION OF SOURCES OF INTERNATIONAL LAW. Pp. 64–72.

Instance of the Application of the Law as derived from its various Sources.

CHAPTER IX.

OBJECTION THAT THERE IS NO LAW BECAUSE NO SUPERIOR. Pp. 72-75.

Not tenable. Confusion of Ideas. All moral Obligations equally Perfect,
although Means of compelling Performance may be Imperfect. Inter-
national Law recognised as a Matter of Fact. Recognition of it incorporated
into Municipal Law of many States.