Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-05-16
INTERNATIONAL LAW
THE GOOD IT ACCOMPANIES IN PRO-
NOTING HARMONY.
How tho Sediment OF Treaties Has Crys-
tailized Into Fixed Usuage-An Out
growth Of Modern Civilization.
tst. Louis Globo-Democra..l

tst Louis Globo-Democra;l
The diplomatic disagreement between
the Government at Washington and the
Italian Foreign Office has given rise TO
much discussion Of international law. aud
the various points bearing on the case in
issue are being argued by self-appointed
disputants with as much earnestness as
though the fate Of empires depended on
the turn Of legal phrase. Most Of the
talk, however. is Of the widest possible
exists in the popular mind Sc
nous misconception of the thing, for
most Of those doing the talking
seem to take il for granted that in
ternational law il Of the same nature "a
the statutes passed by legislative bodies TO
regulate the internal economy of state.
In this understanding Of the word there
~ no such thing as international law.
since IN the proper sense this presupposes
general congress Of all the nations ma
ture deliberations. and the passage Of acts
70 be binding on all, and enforced,
II necessary, by the majority Of
the consentlng nations. 1t Is true
| that on several occasions representa-
tives Of various leading nations have
| come together for purposes of delbera-
ton, and also that agreements have been
arrived at with regard to certain matters
| OF international interest. but ii is certain
| that these have been kept only so far as
the interest of the cOnsenting Govern
ments prompted, and that, as a rule, no
| effort was made to punish their violation.
| The agreements in these cases were OF the
nature Of treaties. and when a treaty IS
violated breach of faith Is involved, but
| other nations may OF may not unite TO
| chastise the offender, their action depend
ing on the result TO themselves.
international law. in the sense of definite
| statute, therefore, has no existence. What
| Is called international law is composed Of
| an infinite mass of precedents culled from
| a thousand different sources, and, arranged
in some degree of order made TO serve as
| guides OF action. The law of nations Ia
| the sedimentary deposit of national trea-
| ties and agreements. and proceeds on the
| assumption that because a thing was done
| once and nobody objected it may be done
| again: that If there had been any valid rea-
| son against it somebody would have object
| ed at the time II was first done. In this
| particular the affairs Of nations are con-
| Quoted on the principle which regulates
| the intercourse Of individuals. If, for IN
stance, man has for many years been ac-
| custOmed to pass over the land OF another
in order to gain admission to dwelling,
| long established usage gives right, for,
| however the practice originated, the law
presumes that at the start permission was
given, or at least no objection was raised.
In like manner when the ships OF one
| nation have been accustomed tor many
| years TO pass through a strait the shores OF
which are in possession of other Powers;
| the right to do 30 is regarded as established
| by usage, no matter what the origin OF the
| custom.
INTERNATIONAL QUESTIONS.
What is called international law is really
| the creation of mUTallsts, nodded by the
acumen Of jurists and the wisdom Of states
men, Even in ancient times certain Tor
malities were occasionally observed IN the
| intercourse between the nations furthest
advanced in civilization, but very slight
| provOcation was sufficient to cause even
| the most enlightened TO sweep away
all barriers TO their own will, and dlsre-
| gard not only any precedents that may
| in a feeble, prefunctOry way have been
| recognized, but even the commonest nc
| tates of humanity. For international law
relates primarily to the regulation or pre-
yention of war between nations, the TACT
| being recognized that in savagery, barba-
rism. and even in the lower grades OF civil
| Hzation, the natural condition of nation
| il one of conflict with its neghbors. In
| medieval times the logical minds OF theo-
| logicians were directed to several tunda-
mental questions, and from the discussion
| and elucidation Of these certain principles
| of international comfy were deduced !:
| Can Christian nation engage IN war! >
| ITO whom belongs the right of
| Declaring war?n What causes will
| Justify a resort to war; In Just
war what are the rights OF belligerents: y
| Can Christian make war on an lnhdel
on no other ground but his lntidehty 70
Has the Pope a right TO sanction war
AGAINST an infidel?" Can the Emperor
| sanction It. since he is not the, master OF
| the world?" Are we, hound to Keep
| faith with the enemy?" Such were the
problems which presented themselves to
advanced medieval minds, and from their
| consideration and discussion came the be-
ginnings of a general, though indefinite,
| understanding among nations that war
| should be carried on in certain WAYS. ana
| that departure from these methods was a
violation of agreement.
THE ORIGIN OF TREATIES.
But here again a difficulty was at once
presented. War is an appeal, not to intel
! hrepce. but to force. 1t is the substitution
! Of force for law. War is the end OF all
| agreement. and when war breaks out
treaties and national compacts are swept
| aside as so much troublesome rubbish. II
| one of the combinations chooses de-
| liberatelv to proceed by methods not gen.
| orally recognized as admlsslple, the oIher
has no recourse but by retaliation. When
| the Coutederates, for instance, began
| HANGING General Sherman's toragers. IN
| GEORGIA. an act was committed which
1 could not but be condemned by
| the general agreement OF nations,
| and Vet sherman was forced, not to
| demonstrate, for that were VAN, but 70 re-
| taliate by hanging some Confederate
| prisoners, and sending word 10 the enemy
| that similar reprisals would, IN the Iuture;
| follow similar barbarltles. Inc eIorts oI
| statesmen in effecting agreements between
| nations have been directed not so much
| IN reguIate war. since the guidance of a
| maddened force is well-nlgh lmpossl-
| ble lint nv national cOmpacts, treaties,
! and agreements of various KINDS 10
! bring about such q state OF Things
| among the nations OF the earth that
| wars should not take place. In ahcleht
| times. when nations rarely came IN contact
! save in a hostile way, thefe WIS Ht5io u9o
| Tor treaties. and such as were made were
| generally alliances, offensive and defensive,
| of two or more Powers against common
| enemy. But with increasing trace ana
| commerce with greater facilltlestor travel,
With tourists and merchants passing 10
and fro, a need arose for protection to the
| citizens or subjects of one country when
| IN the territorial bounds OF another
secnrity was needed for their property
| when in transit between harbors, ana
hence commercial treaties were made VITA
more letter-writing came a demand Tor
| The extension of postal facilities, and
hence arose postal treaties; with increased
! facilities for escape the criminals OF one
country could flee TO another and una
secnrity under different flag, but as
no country desired TO be refuge Tor the
yicions classes of another, and as, every
| Government desired 70 secure ana 3ring
back for punishment rogues VINO hau neu
| hevond its jurisdiction, agreements, were .
reSdiIv made that fugitive criminals should
he ap1rehended. and hence the extradltlon
treaty: each kind of national agreement
having its origin IN well-dehned ana
strongly-felt want.
THE STATE AND ITS JURISDICTION.
The foregoing illustrations sufficiently
;,dicate the manner in which national
Elements had a beginning, and from an an
bnmhIe stem sprang up vast NUMBER OF
Ll-