PART I. OF THE LAW LECTURE I. OF THE FOUNDATION AND HISTORY OF THE LAW OF NATIONS. WHEN the United States ceased to be a part of the British empire, and assumed the character of an independent nation, they became subject to that system of rules which reason, morality, and custom had established among the civilized nations of Europe, as their public law. During the war of the American revolution, Congress claimed cognizance of all matters arising upon the law of nations, and they professed obedience to that law, "according to the general usages of Europe." (a) By this law we are to understand that code of public instruction which defines the rights and prescribes the duties of nations, in their intercourse with each other. The faithful observance of this law is essential to national (a) Ordinance of the 4th December, 1781, relative to maritime captures. Journals of Congress, vii. 185. The English judges have frequently declared that the law of nations was part of the common law of England. Triquet v. Bath, 3 Burr. 1478; Heathfield v. Chilton, 4 ib. 2015; and it is well settled that the common law of England, so far as it may be consistent with the constitutions of this country, and remains unaltered by statute, is an essential part of American jurisprudence. Vide infra, 342, 472, 473. 1 For other definitions, see Wheat. pt. 1, c. 1, Dana's note, 9; Aust. Jur. lect. 6, 3d ed. 231. International Law is probably the bet ter title. Wheat. Dana's note, 7: Woolsey, Introd. § 9; Abdy's Kent, 4; Twiss, Law of Nat. pt. 1, § 85; cf. Aust. Jur. lect. 5, 3d ed. 177; post, 51, n. (b). The jus gentium of the Roman lawyers is now understood to have meant something very different from the modern international law. It 66 was 'a collection of rules and principles, determined by observation to be common to the institutions which prevailed among the various Italian tribes." "The jus naturale, or Law of Nature, is simply the jus gentium, ... seen in the light of a peculiar theory. The confusion between Jus Gentium, or law common to all nations, and international law is entirely modern." Maine, Anc. Law, c. 3, Am. ed. pp. 48, 50. See Aust. Jur. lect. 31; Gaii. Inst. 1, § 1. PART I. OF THE LAW LECTURE I. OF THE FOUNDATION AND HISTORY OF THE LAW OF NATIONS. WHEN the United States ceased to be a part of the British empire, and assumed the character of an independent nation, they became subject to that system of rules which reason, morality, and custom had established among the civilized nations of Europe, as their public law. During the war of the American revolution, Congress claimed cognizance of all matters arising upon the law of nations, and they professed obedience to that law, “according to the general usages of Europe." (a) By this law we are to understand that code of public instruction which defines the rights and prescribes the duties of nations, in their intercourse with each other. The faithful observance of this law is essential to national (a) Ordinance of the 4th December, 1781, relative to maritime captures. Journals of Congress, vii. 185. The English judges have frequently declared that the law of nations was part of the common law of England. Triquet v. Bath, 3 Burr. 1478; Heathfield v. Chilton, 4 ib. 2015; and it is well settled that the common law of England, so far as it may be consistent with the constitutions of this country, and remains unaltered by statute, is an essential part of American jurisprudence. Vide infra, 342, 472, 473. 1 For other definitions, see Wheat. pt. 1, c. 1, Dana's note, 9; Aust. Jur. lect. 6, 3d ed. 231. International Law is probably the better title. Wheat. Dana's note, 7; Woolsey, Introd. § 9; Abdy's Kent, 4; Twiss, Law of Nat. pt. 1, § 85; cf. Aust. Jur. lect. 5, 3d ed. 177; post, 51, n. (b). The jus gentium of the Roman lawyers is now understood to have meant something very different from the modern international law. It ... was "a collection of rules and principles, determined by observation to be common to the institutions which prevailed among the various Italian tribes." "The jus naturale, or Law of Nature, is simply the jus gentium, . . seen in the light of a peculiar theory.... The confusion between Jus Gentium, or law common to all nations, and international law is entirely modern." Maine, Anc. Law, c. 3, Am. ed. pp. 48, 50. See Aust. Jur. lect. 31; Gaii. Inst. 1, § 1. |