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

Neutral Trade with Belligerents.

(From the London Review.)
The case of the Alabama has given rise to mush general
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 independmt nations in
their dealings with each other. It is of the essence of a
law, properly ao 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. The absence of any other
sanction than the ultima ratio of war has led
Mr. Austin, in his great work on jusisprudence, to deny
that international law is a law at all in the proper sense
of tho 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 aro required by municipal
law cannot be looked for in international law.

Positive international law, such as it is, is founded upon
international morality as its basis. International morality,
or the morality which should in theory bind nations in their
" its
name
indtydicreesiate:gussiwwliti with
dealings with each other, bears the same relation to positive
international law as ethics or morals bear to mtmicipallT;
ethgoanoda.
International morality is,
morals or national ethics. Ethics or morabinhoi
conduct of individuals, internationalium:::rayoreewir TE:es the
conduct of states and governments,
each other. Municipal law is nosh 'g xta accordance
with
branch of the great subject ofsethei
tea
pgerrofunormds.
the broad principles of ethics is
nieasured. The imperfec-
tions
infirmities of
t to- insure its
nese of municipal law Joust
ma's nature are the and
enurositive law, therefore, steps in
to of positive law. The knowledge
for the violation'. Positive law does not,
and
h_tiliunsbeyi
leulyiaich....,,t
however, pretend to be co-extensive with ethics. The line
of demarcation which shuts off ethics proper front 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 be 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 relations 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 pri-
vate or national, is, in the language of jurists, a duty of
imperfect obligation,the breach of which is punished with no
other penalty than remorse of conscience; the latterenb.
ject, of course, to the remarks we have already Ina" as,_