The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-09-06
Truly yours
REV LEW

REVIEW
Of Hisiore DIES progress du Droit DIES Gems Europe de-
puts la Par de Westphaia jusqu'a Congress de yien-
free preeis historique du Droit des Gems Eu-
ropeaa arant la Pair de Htsiphaiis par HENRY
WHEATON, Niaistre DIES Eais Uns d. lnerique, pres
la Cour de Berlin. Leipzig, Broekhaus, 1871.
Translated from the Lep=ger Baetter faer Leraische
Unte,haltung for The .uadisonia,
Since the publication of Martens well known
treatise the law Of nations, the public attention
las been almost exclusively drawn, especially in Ger
many, to those questions of internal public law which
regard the constitutional Liberties of states that
the study Of that branch of public law which is sup
posed TO regulate their international relations has
been somewhat neglected. This neglect may also be
attributed in degree TO the disgust inspired by
daily witnessing the most fragrant violations Of that
law, which, in theory is equally binding on all,
but which the more powerful states have often
disregarded aud trampled under foot whenever their
| own interest came in competition with the rights Of
| the weaker
The elaborate and youminous writings Of Grotius
Pufendorf, Wolf, andyatlel, with their swarm of
mentators, assuming TO teach nations and rulers their
respective rights and duties and universally admitted
in the schools and in the polemc discussions Of
statesmen as conclusive authority in all international
controversies, were not sufficient to prevent that
great political enormity, the partition of Poland,
which the public ursts have since treated as an ac
complished wrong for which the international code
affords practical remedy. Whilst the professors
of natural jurisprudence occupied in vain in
quiries and disputations respecting the Obligation or
binding force of the sn-ca led law nf .~''~-- 'h~
practice state. often COutOrmed to the
maxim stated by Thucydides 10 be that which gov
erned his count ~ men" that to a king or common
wealth, whatever was useful, was jusi'-and to the
de,estable principles which guided the political con-
duct of the petty tyrants of Italy during the middle
age, and which Machaye has elaborated into a theo,
ry in his celebrated Principe The sciences Of inter
| national Justice thus came 10 be considered by the
public in general a solemn mockery, aud its very
Of international law bitter irony, since its
| Obligation acknowledged, in practice, 10y pow
| er strong enough TO disregard lis nunctions But
| new is we trust before us, in which, If the
principle Of popular sovereignty is not admitted in
fact in right, at least the moral personality Of each
particular nation is universally acknowledged, and
that affords sufficient ground for public opinion 10
consider the principles Of international Justice as
serious object Of inquiry, and not 10 suffer itself any
longer TO be imposed upon by mere words. From
this point Of yiew ought to follow, as a necessary
consequence, the revision Of that system which has
hitherto been considered forming the law between
nations and this revision ,ciH toiio so soon as the
study Of that science shall longer be considered as
elegant relaxation Of the higher classes Of so
ciey, from which the dir Iomats Of the old world are
almost exclusively selected soon as shall come
to be considered is already the case with cons-
iuiional law, an indispensable branch Of knowledge
for every citizen concerned ia public affairs, instead
OF being confined to a particular social class. The
popular element will thus nfuse itself into the law Of
nations, and give IL that healthy and manly tone
which i, has hitherto lacked, when confined within
the narrow circle of a preentious and pedantc d.
plomacy. This revolution was already begun when
the venerable Frsnkn--ee spperbe reiiiard as Has
calls hm-sppeared on the European scene as
the worthy representative Of a new world emancipa-
ted from the old and il continued during that
gigantic struggle between the principles Of the French
/ revolution and IFS armed opponents in Europe.
The much TO be desired revision Of the existing
system of international law must not be founded on
those sntiquated theories Of the right divine Of kings
which consider the social contract Leonidus part
nershp, in which the people have duties which tLey
TO their sovereigns, but no rights except such as
are spontaneously conceded to them by the good
pleasure Of their hereditary rulers II requires an,
impartial history Of the gradual development Of those
fundamental principles which constitute the basis Of
the international law received among the civilized
aud Christian nations Of the earth Such history
is that contained in the work of Mr.. WHEATON now
before US, and which is such as might be expected
fn..- H.. l.. A.