The Sun.
London, England, 1863-01-05 00:00:00

Neutral Trade with Belligerents.

)
given rise to much general
(From the
ahas London E
The case of the Alabama
discussion on several complex and intricate questions which
lie at the very root of the whole existing system of positive
international law. By positive international law jurists un-
derstand international law as established by treaties and by
the observance of customs between independent nations in
their dealings with each other. It is of the essence of a
law, properly so called, that there should be a sanction to
enforce its performance and to punish its violation. Un-
like municipal law, international law is without a sanction
in the proper sense of the term. The only sanction
which a breach of the usual observances of international
customs can call forth is a declaration of war on the part
of the offended nation. Tho absence of any other
sanction than the ultima ratio of war has led
Mr. Austin, in his great work on jurisprudence, to deny
that international law is a law at all in the proper sense
of the term. Whether that be so or not, it is ad-
mitted by all writers on the subject, that the rigorous de-
ductions from principles which are required by municipal
law cannot be looked for in international law.

Positive international law, such as it is, is founded
international morality as its basis. International z0,..° th'
national
tive
or the morality which should in theory bind nations in
dealings with each other, bears the same retularation !vi---
cipal law.
international law as ethics or morals bearindioses,
in their dealings with
International morality is, as its narwroe orge regulate the
morals or national ethics. Ethi:eL°rorality regulates the
conduct of individuals, internatiu
conduct of states and governments'is ,othing more nor less than a
beitrics i s the test b • wTh cell
mh ep good-
nessorfee
each other. Municipal law
of
ethics.
Its accordance with
thebra nbcrho broad principles greatc
i_ ,P l jess wao ufni roust be me asuredy.
un:„RicarPlilities of man' nlaatwur.e are the grounds
enactmentspositive tions o
and f m
of
for the "la
not The knowledge
0. his duty is sufficient to insure its perform-
am/ punishes him for the violation. Le by him. Positive
iaown,.
Positive therefore, l a stepswd oes
not,in
however, pretend to be co-extensive with ethics. The line
of demar cation which shuts off ethics proper from those
parts of the ethical system which have been embraced with-
in its limits, and invested with a sanction by positive law,
is often a thin one ; where it ought to be drawn is often the
most puzzling subject which offers itself to the mind of the
legislator. No positive rules can be laid down on the sub-
ject. As civilisation improves, it is to to hoped that the
dictates of conscience may, in process of time, supply of
themselves a sufficient sanction to secure the prevention of
acts which require at present the punishments of positive
law. These remarks have been introduced because they
are calculated to throw much light on the relaticns exist-
ing between international morality and positive interna-
tional law. The former bears the same analogy to the
latter as ethics do to positive law; morality, whether prl
vats or national, is, in the language of jurists,
e with no
a duty of
imperfect obligation,the breach of which is paw
other penalty than remorse of conscience; the latter sub-
ject, of course, to the remarks we have already made as to