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

TO be considered, is already the case with const
tutiona law, an indispensable branch of knowledg,
for every citizen concerned in public affairs instead
Oh Oeing confined to a particular social class The
popular element will thus nluse itself into the law
nations, and give it that healthy and manly tone
which 1t has hitherto lacked when confined within
the narrow circle of pretentious and pedantic d.
| plomacy. This revolution was already begun when
the venerable Frankn--ce superbe ueillard as Has.
san calls him-apPeared the European scene a.
the worthy representative Of new WORLD emancipa
ted from the old and it was continued during tina,
gigantic struggle between the principles Of the French
revolution and its armed opponents in Europe
The SO much TO be desired revision of the existing
system Of international law must not be founded OF
those antiquaed theories Of the right divine Of kings
which consider the social contract as Leonidus part
nership in which the people have duties which the,
owe to their soveregns, but no rights except such
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
and Christian nations of the earth Such history
is that contained in the work of Mr.. WHEATON now
from he enlightened author of the Elements of h.
ternational Lac, published in 1886.
After short introduction containing sketch of
the progress of the law of nations in Europe previous
to the peace Of Westphaa, the author divides the
history of its progress since that memorable event
into four distinct periods LIST, from the peace of
Westphalia, 1913, to that of Utrecht 3D. from tho
peace of Utrecht l7l3 to that Of Paris and Huberts-
burg 1861 3D. from the peace of 1863 to the French
revolution 1889; and 4th, from the first French re-
voluon to the Congress of Vienna, 1915 He does
not even stop at this last epoch, but passes in review
the subsequent measures of the Holy Alliance and
the various nterventions of the five great European
powers in the internal affairs of the minor states
down to the French, Polish and Begic revolutions Of
$780, and the formation of the separate quadruple al
lance for regulating the affairs of the Peninsula in
1884
The introduction to Mr. WIS work shows us how
imperfect were the notions entertained by the nations
of classic antiquity--the Greeks and Romans-re-
speeding international justice 1t conducts us through
the midnight darkness of the Middle Age, and ex-
plains the influence Of the Roman law, (Which sur
vived the destruction Of the Roman empire) and OF
the writings Of the Spanish casusts, in forming the
primary elements of the modern international code
of Europe, which were afterwards elaborated into
complete system by GRoTIUs. The author dwes with
fond enthusiasm the noble character Of this illustr
man whose labors workedhe most salutary change
in the practical intercourse Of the nations in favor Of
humanity and justice. Speaking of the public ju-
rsts formed in the school Of Grotus Mr.. w. quotes
the words of his celebrated country man. PATRICK
HENRY, and asserts that it would be difficult to name
any class of writers who, whatever may be their
faults considered scientific expositors, have
ribued much to promote the progress Of civiliza-
ton ''these ustTious authors-the friends Of hui
man nature-tbese kind instructors of human errors
| and fraties-these benevolent spirits, who held up
the torch Of science to a benighted world. ~
We must here be excused for reverting to the orr
ginal source of international law 1t obviously de-
rives its origin from the fact that the social rela-
tons between two individuals, not under civil sub
lection the TO the other give rise rules of jus.
tice for regulating those relations, which are con-
formable to the general opinion OF mankind and con-
stitute private law independent of positive institutions
(est autem jus jusiia appelat'n says Ulpian,) the
mutual relations between two more independent
natl 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
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 that which subssts
among the modern nations of Christendom. The
conventional law prevailing between the Grecan
efat had M hot 70
fdes whilst imperial Rome though she recognized
the jus gcntiun as foreign law to be applied to the
civil transactions between foreigners, was proudly
ignorant of any law Of nations in the modern sense
of the term, by which even enemies arc admitted to
have rights, and tie vanquished may appeal to the
sense of Justice Of his conqueror. The Roman jus
teciale cunnngly moulded into practical nstru-
ment to work out the ends which the chameleon
character Of the Roman egats, by turn. ambassador,
civil and military officer, or spy-was delegated to
| accomplish among the nations they sought TO make
their prey Their jus tcciaie may, indeed, sometimes
be found 10 contain formal recognition Of those
principles which practically disregarded by the
Romans in their conduct TO other nations, but VIC
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 Of
Christianity, by which arc 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 us proceeds
to explain how. the principles of European nterna'
tional law have been gradually developed since the
peace of Westphalia After few Introductory re-
marks upon the influence ofthis important transaction,
considered as the cornerstone Of European public law
as il stood until the cdiicc was violently overhrown
hy the French revolution, and again reconstructed by
the Congress Of Vienna in lSl5hc reviews the series
Of wars and negotiations which followed the peace
of Westnbalia These wars were mainly excited by