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e. 6. The following select chapters in Grotius
on the Rights of War and Peace : Chap. 18. 'Of the Rights of Embassies.'
Chap. 6. 'Of the Right to things taken
ces, Safe Conduct, and
Redemption of Prisoners.' * e. 7. Schlegel upon the Visitation of Neutral
Vessels under convoy. Translated from the
Danish. e. 8. War in Disguise, or the Frauds of Neutral
Flags. Lon. 1805. Reprinted N. York. 1806.. e. 9. An Answer to "War in Disguise,' or Re
marks upon the Doctrine of England,
concerning Neutral Trade. * E. e. 10. An Examination of the British Doctrine,
which subjects to capture a neutral
trade, not open in time of peace, 1808. * E. e. 11. The Earl of Liverpool's Discourse on
the Conduct of the Government of Great Britain in respect to Neutral
Nations. 1757. * E. e. 12. Baring's Inquiry into the Causes and
Consequences of the Orders in Council, and an examination of the conduct of Great Britain towards the neutral commerce of America.
NOTES ON THE EIGHTH TITLE.
(Note 1.) 'EQUIDEM CONTRA EXISTIMO,' &c.--Cicero, in common with the learned of the ancient world, who knew the difficulties and vast extent of the science of national law, readily accorded the most elevated station in the empire of knowledge to him, who had made himself familiar with the laws which regulate nations during a state of war or peace. Pompey was distinguished in every science and art; but his greatest merit, and the brilliancy of his fame, rested on his acquaintance with this august system: 'singularem quandem laudem ejus et præstabilem esse scientiam, in fæderibus, pactionibus, "conditionibus, populorum, regum, exterarum nationum; in universo denique belli jure ac pacis.'
A knowledge of this law is essential to legal pre-eminence. However learned in the doctrines of the common or municipal law an advocate may be, he can never maintain a lofty character, if when called on, he shrinks from the discussion of questions involving nice and difficult points of natural jurisprudence, or of conventional and diplomatic law. The liability to be thus called on is principally confined to lawyers resident in the commercial cities, or near the sea-board. Here the most important questions of national, maritime, admiralty, and Roman law, may arise, and they so are intimately blended, that no one can calculate on the efficiency of his knowledge of either of these branches of law, who has not made himself somewhat acquainted with the remaining three.
The Law of Nations may be defined a system or body of rules, ordained by nature, and the consent, express or implied,
of sovereign states, for the guidance of international conduct.
1. The implied, universal, or natural Law of Nations.
In the first are comprehended the principles of natural law, applied to nations as if they were individuals in a state of nature. The second embraces the decisions or rules of natural jurisprudence, changed and modified in reference to the aggregate and political character of the subject to which they are applied.
In the third division we find such laws or rules, as derive their obligation from long and established use. It is founded on tacit consent. The fourth and last division includes the laws or obligations which flow from express agreement. Like the third it is not a universal law, but obliges only the particular nations that have contracted. "These three last kinds of the law of nations,' says Vattel, 'viz. the voluntary, conventional, and customary, together compose the Positive law of nations. For they all proceed from the volition of nations; the voluntary law, from their presumed consent; the conventional law, from an express consent; and the customary law, from a tacit consent; all of which should be carefully distinguished from the natural or necessary law of nations."
Notwithstanding the great number of treatises on the laws of nations, it has been very justly observed by Chancellor Kent, that "there is no work which combines, in just proportions, and with entire satisfaction, an accurate and comprehensive view of the necessary and of the instituted law of nations, and in which principles are sufficiently supported by argument, authority, and examples."* The nine lectures of this enlightened jurist, which occupy the first two hundred pages
of the first volume of his Commentaries, present one of the most beautiful, learned and valuable outlines to be found, perhaps, in any language, on this interesting subject. It scarce fell, however, within the scope of the learned author's design, and properly we think, even to touch upon the internal, or necessary natural law of nations; for this is little else than natural law, as we find it applied to individual conduct, in the various treatises on that subject, and on ethics. The pages of Puffendorf, and of Wolf, or at least those of Rutherforth and of Burlamaqui, are presumed to be familiar to the student, before he takes up the works which treat of the law of nations.
In addition to the works enumerated in our syllabus, or alluded to in the subsequent notes, the student, in after life, may have occasion to consult, at least in the way of reference, a variety of treatises, &c. on public and international law. We have given the titles of the principal works under this head, near the close of the present title; and also under the head of Legal Bibliography, q. v.
We have been the more ample in our enumeration of the titles of books, in most of the departments of our science, as the researches of the learned, as well as of students, are sometimes retarded from a want of even this species of acquaintance with books.
* 1 Kent's Comm. 18, 2d edition.
(Note 2.) CHITTY's Law of NATIONS.—This small volume forms a very proper commencement of the study of the voluntary, customary, and conventional Law of Nations, after the introductory lecture of the late sir James Mackintosh. It was published in London, 1812, and in a few months after, in Boston. Mr. Chitty has shown in this essay the versatility of his powers, and the ease with which he passes from a consideration of one legal subject to another. There is no depth of learning, but great clearness in the arrangement of his topics, and concinnity of style and thought.
(Note 3.) MARTENS' COMPENDIUM, &c.--This small volume contains a great mass of learning on that practical and most important branch of the law of European nations, which is founded on treaties and customs, and which has been denominated by Vattel and others, the Positive law of nations. It is among the most valuable of the productions of this distinguished professor of public law, and for learning, systematic arrangement, and accuracy of definition, is a work of singular excellence. Appended is a list of treaties, conventions, compacts, declarations, &c. of the modern nations of Europe, from the year 1731 to 1802, with references to the principal works in which they are to be found. This, to use the language of the translator, 'is perhaps the most ample, the most accurate, and of course the most useful list of treaties, &c. that is to be met with in any work whatever.' It was published at Göttingen in 1789, and was translated into English by William Cobbett, in the year 1802. George Frederick Von Martens was also the author of a valuable collection of Treaties of Peace and of Alliance, in fourteen volumes, and of another work entitled, a Course of Diplomacy, in three volumes. At the congress of Vienna he prepared the Reports of the conferences between the ministers; and was subsequent