New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-12
AN INTERNATIONAL CODE.

At the recent annual meeting of the British AssO'
citation for the Encouragement OF Social Science, Mr.
David Dudley Field of this city read very able and
interesting paper setting forth the advantages which
might be derived from the preparation OF code OF
international law under the authority of the leading
ursts of all civilized nations and with view to its
ultimate adoption by all nations as the basis of their
official action. We regret that our space will not
admit of the full republication Of Mr.. Fields argu-
ment, but We will endeayor to give its substance.
After pointing out that there can be no common
superior to all nations by which positive law can be
prescribed to them, yet that certain doctrines and
rules Of conduct so generally recognized as just
as to be commonly spoken of as laws binding upon all
nations Mr. Field mentioned Gnumber OF the most
important subjects which are regulated by this COM
mon understanding Of the world, such as the right oil
mutual intercourse the right Of expatration the
privileges Iof ambassadors and cOnsuls, and the ln-
Vulnerable questions arising out of the relations of
beligerents and neurals in time of war. He reviewed,
also the numerous matters which are or may be regu-
lated by treaties. such as the exradton OF criminals,
postal arrangements, copyright, patents, weights,
measures, money, rights of fishery, internal navlga
tion and the like. He showed that wars could w IN
great degree prevented and in still greater de-
gree mitigated, by distinct Understanding upon
many questions beforehand, Such an understanding,
he thought could DO arrived at by the cooperation oil
the che pubcists of Europe and America in reduc'
ing to positive and definite form their common views
of the rules prescribed in such aiarS by usage and
sound reason. Such a compilation, even without any
official sanction, would command universal respect,
would mold treaties and judicial decisions, would
overshadow any treatise on the subject yet written,
and in time would be accepted by positive treaty
stipulations.
The Association received Mr.. Fields suggestions
with much favor, and appointed committee of eleven
able lawyers, representing America, Great Britain,
France, Germany, Russia and Spain, to prepare the
draeof such code, and to report to the Association
in September, 1867.
We shall watch the progress Of this work with
much interest having strong faith in its practicable
ity and necessity. Notwithstanding the absence OF
any common authority over them, the points OF con-
troversy between nations have become constantly
fewer as civilization has advanced, and even war IT.
self has ceased to break up all the bonds OF mutual
obligation. Indeed, almost every war is marked by
some new advance in moral ideas as TO the mode OF
its conduct IL is difficult to eyer-estimate
the advantages that might flow from general agree.
meht, entered INTO in time of peace, as to the limit
atoms of war; The admirable code Of rules prepared
by Prof Leber and sanctioned by our own War
Department is an apt illustration Of the fitness Of
code for this purpose. II those rules had been pre-
yiously agreed upon by all Europe and America,
multitude of misunderstanding which greatly aggra
waited the Suferngs of the combatants, without doing
either party any real benefit, might have been
avoided during our recent civil So the conflict
of opinions upon the Alabama and Alexandra cases
would doubtless have been anticipated and the whole
controversy disposed of in the preparation OF code
of international law; nor can there be much doubt
that Great Britain OF all nations, would have been
most anxious, at any time before 1901 to have made
the law clear against such cruisers as were aterward
fitted out in its ports.
Judicial decisions, which are at present the only
basis Of international law other than treaties (Which
are very limited in their scope) peculiarly unsats
factory for that purpose. No decisions in the courts
of one nation are held absolutely binding in courts OF
another nation, while mixed commissions are rarely
of sufficient caliber to be influential. America has nc
voice in the selection Of English judges, and may
well hesitate to be bound by their decisIonsi but
America and England could very well have an equal
share in framing code for the guidance OF both and
both countries would snssrully submit to the author
ity OF rules thus framed
If all countries could not agree upon every ietail
to which such code might properly extend, special
codes might be framed for these pations which I'D 80