The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-09-07
Truly yours
REVIEW

Of Historic des progres du Droi de Gems Europe de-
puis la Pair de Wesphaia jusqu'au Congress de Ve'-
ne. free l precis hiStoique du Droit des Gems Eu
ropean arant la Pair de Uesiphalie par HENRY
WHEATON, Minisire des Eiais Uns f.lmerique, pres
Ia Couu de Berlin. Leipzig, Brockhns, lS4l.
Translated from the Leip=iger Blaetter taer Lerarsche
Unterhali,mg for the .Nadisonian
Since the publication Of Martens well known
treatise on the law of nations, the public attention
has 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 some 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 so often
d,regarded and trampled under foot whenever their
own interest came in competition with the rights Of
the weaker
The elaborate and vouminous writings oil Grotlus,
Puiendori Wolf andVattel,with their swarm of COM
mentators assuming to teach nations and rulers their
respective rights and duties, and universally admitted
in the schools and in the polemic discussions OF
statesmen as conclusive authority in all international
controversies were not sufficient TO prevent tina,
great political cnormity, the partition OF Poland
which the public ursts have since treated as an &C
complished wrong for which the international code
affords no practical remedy. Whilst the professors
Of natural jurisprudence were occupied in vain III
quries and disputatious respecting the obligation, OF
binding force of the so-ca led law Of nations, the
l. To-. IT,, cd 10 Ite
maxim stated by Thucydidcs to be that which gov
erned his coun,rymen-" that to a king or common
wealth, whatever was useful, was justn-and to the
detestable principles which guided the political con
duct of the petty yrants of Italy during the middle
age and which Macbiavel has elaborated into thco
ry in his celebrated Principe The sciences OF inter
national Justice thus came TO be considered by the
public in general solemn mockery, and its very
name of international law as bitter irony, since IFS
Obligation was acknowledged, in practice, 10y 10 pow
er strong enough to disregard its nunctions. But a
new era is, we trust now before us, in which, if the
principle of popular sovereignty is not admitted in
fact or IN right at least the moral personality Of each
particular nation is universally acknowledged, and
that affords sufficient ground for public opinion ia
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 7iew ought to follow, as necessary
consequence the revision OF that system which has
hitherto been considered forming tho law between
nations and this revision wH tottou, so soon as the
study of that science shall no longer be considered as
a mere elegant relaxation of the higher classes OF so
clety from which the diplomats of the old world are
almost exclusively selected soon IS it Shall come