Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1861-12-26
From tho National Intelisenccr.
The Progress of International Law.


making any representations against the capture
Of Mcssr.. Mason and SlidelI, the Government
os Grea, Britain should indicate a disposition
70 nbapdon, rs "anIiguated" the traditions Of
international law under whose general au'horit,
CANAAN Wilkes must be admitted 10 have acted,
!, would semlin for our Government to pre-
poupce on the expediency of taking advantage
If the present occasion TO secure valuable ao-
besion 10 those rights Of neutral nations for
which we have hitherto uniformly con;ended.-
In nny event, we added. it seemed 10 us ,ha:
the present case might be so managed by our
Government as to result in valuable acqnsi y
to the law of nations, by clearly settling what
is vague and undetermined in the limits which
in the present state Of the civilized world, sep
arate bellgerent and neutral rights.
II is not TO be doubted that, in estimating
the value OF former presidents and principles
in the realm Of public law, some allowance
should be made for the progress of the world
10 al those elements which give to eur modem
civilization it, dis';rritvc character. Ii IL II
grand truth, as clearly discerned hy the keen
perception Of the philosophical hi ,o'ian ms Ivy
the eye Of the poet. that
Through the ages one increasing purpose 'nrs,
And the thoughts Of men are widcntd with the pro-
cess Of the suns"
Especially is this discernible in the ame''ora'
tons that in later times have Neen Introduce
into the moral code which comrcseS the law OF
natiors-a code which. in the commonwealth OF
States, iuculcates the duty cnjoined upon ipdi-
viddals by the golden rule in the figure of society
--thut of doing unto others as we would they
should do unto W..
1t has often teen objected to the law of ma
lions that it is without any recognised tribunal
or received authority for the utterapce of lis
edicts and the enforcement Of its sanctions -
In whatever degree the existence Of such defects
may be admitted to s1is, as regards the external
organism Of the International law. it is none the
less true that the moral authority of this cod"
under the concurrent influences Of humanity
Justice and hberality. has come to prescribe
rules Of conduct which Sovereisns and States
may no. presume to disregard.
1t is well said by our own WHEATON that tn
rules of international morality. recognised by
the received writers en- public law, "arc found
ed on the suppositon that the corduct which
is observed by one pn,on towards another, il
conformity With these vules, I'll be observed
by other ua,ons towards it, The duties IN.
posed by the.c rules are thus enforced, uot Oh
10y moral snnc,1ns hut also Ivy the "rprchen
.sion on the part Of SoveregnS and Nations thai
they may incur TIE hostility of other States II
cease they should vio'ste maAimo generally lie
-ccived and respected by the ciSi
'lized world" The science which teaches til,
reciprocal duties Of sovereign States ~ not
therefore, adds Wheaton, "a vain and useless
study, as some have pretended
In all works treating on public law he right.
of war, as pertaining 10 neutras, occupy a large
space, and some Of the elements constituting
this department, Of the international Gods ARE
not clearly defined and crystallized even if il
should not be said that they are still in pr ces
Of formation. And it was in view Of this fac
that the London Times, immediately on the ou
break Of our civil war, called upon Europca'
Powers to unite in some Joint declarations whct
should have for their effect to clcar up The Oh
scurties resting on This branch of interna,ona
law. I, then held the following language:
i'Now, while it is. we think. the duty of tn
Governmen's OF Europe 10 come to some gen
eral understanding upon this subject, and Il
agree to propositions which shall torn rea
public law. We are for the first time, u nen
trail Power. We hope to remain so ; VIC n
longer feel it to bhspe to remain so; ws'h
exaggerated pretense u vital interest to suran
Powers. We draw nearer now TO those primer
pies with which We have always in former day
been in conflict. and We might escape man
d;f;c,,, lilies which are not far ahead If We coul
give univ, .sa! authority TO some well consid
cred exposition Of the law Of blockade, tn
rights Of neu,rsls, md The description of art
Giles contraband ofwar.
It it similar spirit that tie New York Eve
ming Post, after discussing the supposed pun
port Of the intelligence lately received iron
England in the matter of the "NashvilIe" AM
tho "Tlent," suggests the proprie,y Of rcatin;
these cases in the wide relations they bear to
wards the whole doctrine under which they fail
To this effect our intelligent contemporary re
marks as follows
ave trust that our Government will max
the present complications growing out of TIL
cases of the Nashville aud the Trent an occa
sion for the proposal off complete roadjnsm"n
Of the mar,imime code of The nations. Tina
code has been detcrein ed hitherto almost ex
clusively by British Jurisprudence Possessing
what they were pleased to ,csm ms sovsre'g''