The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-09-06
lance for regulating the affairs of the Peninsula I.

The introduction 10 Mr. VS. work shows us how
imperfect the notions entertained by the naons
OF classic antiquity-tbe Greeks and Romans-re'
speeding international justice II conducts US through
the midnight darkness of the Middle Age, and ex-
plains the influence Of the Roman law, (Which sur
yved the destruction of the Roman empire,) and OF
The writings Of the Spanish casuists, in forming the
primary elements of the modern international code
of Europe, which were afterwards elaborated into
complete ystem by GRorlUs. The aulhord wells with
fond enthusiasm the noble character Of this illustr
Gus man. whose labors workedhe salutary change
in the practical intercourse of the nations in favor OF
humanity and justice. Speaking OF the public ju-
rists formed in the school Of Grotius, Mr.. w quotes
the words Of his own celebrated countryman PArRoK
HEsRY and asserts that il would be difficult to name
a;Y,class Of writers who, whatever may be their
faults considered as sclediiiFt Hxposors, have con
trbuled much TO promote the progress OF cIvifla-
ton as these illustrious authorsthe friends oil hu-
man nature--these kind instructors Of human errors
and frates--these benevolent spirits, who held up
the torch Of science 10 a benigbted worId's
We must here be excused for revcrtlng To the ORR
ginal source Of international law. 1t obviously de-
ryes it, origin from the fact that the social rela
lection the one to the other give rise to rules of JUS
tce for regulating those relations which are con-
formabe to the general opinion of mankind, and con
sue private law independent Of positive institutions
(esi aien jus sia appeatun, says UlPian,) so the
mutual relations between two or more independent
nations must be regulated and the controversies which
| arise between them must be determined by similar
rules Of justice, the existence OF which are generally
recognized by opinion as forming the customary law
of nations But the social relations which subsist d
between the different nations of the ancient world,
Greek and barbarian, far from being OF that In
innate nature which could give rise to public law
Of universal obligation such as that which subsiss
! among the modern nations Of Christendom. The
conventional law prevailing between the GrecaD
states had better sanction than the notorious gr6ca
fdes whilst imperial Rome, though she recognized
the jus geniiwn foreign law to be applied to the
civil transact tons between foreigners, proudly
ignorant of any law of nations in the modern sense
! of the term by which enemies admitted to
have rights and vanqushed may appeal to the
sense Of justice Of his conqueror. The Roman Jus
teciae was cunningy moulded into practical instru-
| ment to work out the ends which the chameleon
character of the Roman lgas, by turns ambassador,
civil and military officer, or spy--was delegated to
accomplish among the NATIONS they sought to make
their prey. Their jus Jeeaie may, indeed, sometimes
! be found TO contain a formal recognition Of those
principles which were practically dlsegarded by the
Romans in their conduct TO other nations, but we
must seek in the works of modern jurists for bet
ter exposition Of these principles than can be found
in those of the Roman lawyers The milder light oil
Christianity by which taught to consider all
men as brethren and equals first explored the way
to the establishment of tone Of international law
founded on morality and equal justice, and sanctioned
by that peculiar system of manners, institutions, and
opinions, which is common 10 the civilized nations
of Europe, and their descendants in the new world.
The learned author of the work before proceeds
TO explain how. the principles of European inerna.
tional law have been gradually developed since the
peace of westpbalia. After few Introductory re-
marks upon the influence ofhs important transaction,
considered the cornerstone Of European public law,
as il stood until the edifce was violently overhrown
by the French revolution, and again reconstructed by
81. r.-y---- - Vs',. ioiS-ir1 rv'io"s tie series
of wars and negotiations which followed the peace
Of Westphalia. These mainly excited by
the restless ambition of Louis XIV, who sought 10
restore the family of the Stuarts TO the British throne
/ anu 10 place hts own St3UusOn uu luat Ol SPAN
the Indies. The successive treaties Of peace at AK
Ia Chapee, 1868, Nimgncn, 1915 and Rysyck,
! 1927 were but many suspensions Of hostilities,
whilst the original Of still remained I'M
removed. During the minority Of Louis XIV, under
| the administration of Cardinal Mazarn, the French
Cabinet bad adopted the policy and principle Of
Intervention in the internal affairs Of England then
distracted and weakened by the civil wars. The
French ambassador in his address to the Republican
Parliament, laid down the maxim, that the relations
! OF amiiy aud commerce between different States had
no necessary conneNion with the forms Of their re-
spcctiye governments. This reasonable maxim was
reversed few years subsequently, when the politi-
cal interests Of Louis XIV induced him to support
the claim Of the exled house Of Stuart 10 the British
throne founded the principle Of divine right, or
what has been since called legitimacy The Eng
sh revolution Of 1858 had raised 10 that throne his
rreconceabc enemy, William Of Orange, who put
! himself at ihe head Of the grand alliance against
! France. The practice Of Louis XIV n direct
contradiction to the wise and eneyolent principles
aid down by the vrtuous Fenelon his instructions
to his royal pupil the Duke Of Burgundy on the du-
ties Of King. The result was the war Of the Spa
nish succession, which placed Bourbon dynasty on
the throne Of Spain at an immense expense Of blood
and treasure but lost France the opportunity Of ex
tending her frontiers 10 the Rhine Louis XIV thus
sacrificed the interests Of his country to those Of hs
family as has been shown by NJ MicSEr in his pre-
face to the recent edition Of documents relating TO
the Spanish succession, and his successors were left
10 expiate policy as weak as II was wicked. "a
Having thus traced the political history Of this pc
Rod in come xon with the alternate application Of
the opposite principles Of Intervention and nonnter
yonton, Mr. w. proceeds 10 sketch the portraits Of
the public jurists who succeeded Grotus, such as
Pufendorf Lebnitz, Spinosa, SeIden and the other
professors Of the science ofpatura jurspru enoe SC