New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-21
FAILURES AT CODIFICATION.


FAILURES AT COMPLICATION.
have said that the rules Of international law are
not to be traced with the comparative disnctness
| with which municipal law may he ascertained-
although even this is not always easy "ouii not
have it, however. understood that should to-day
advocate the codifcation of international law Inc
attempt has been made, you know by Fleid IN
this country and by Professor Bluntschi OF teidei-
berg. and by Italian jurists, but has mace little
way toward success. Indeed. codifcation has
| tendency to arrest progress 1t has been so found
even where branches heads OF municipal law nave
been codhed, and 1t will at once be seen how much
lass favorable field for such an enterprise nterna-
tonal law presents where many questions are
still ndeerminate. After all; II Is 10 DC Ieinsn-
bered that ural law in its widest sense Is as OLD as
society Itself; ubl societas hi jus est but interna
is In a state OF growth and transition TO codiy IL
would be to crystalline Ii; uncodied Il IS more neX-
bic and more easily assim,lates new rules W me
agreeing. therefore; that indeItrm.nate points shDul
the ethical standard. | do not think We have yet
reached the point at which codicaton is practicable
Let me give you an anaosy Am0pS he mqs' s%S
the Penal Code and the Codes of Criminal and Civii
Sir Roland Wilson urged the extension OF
the process of codihcaton TO those traGl,
law, of Hindoo Mahometan origin sun rec9gnizsd
the M # nea by a thn w s bet
ter not to persevere in the attempt Many OF heS s
J
and habits of thought. are falling into des1tude
The hand of change is at work upon mem, ana TO
As ' we are not to-day considering the history Of
international law. | shall say but word As 10 us
rise. and then pass on to the consideration or lts
/ later developments and tendencies.
Like all law. the history Of human societies X
begins with usage and custom. and unlike municipal pa
Roman Empire. the surface OF Europe was parti-
and fell n ndsT the e rue o of some sng r Of
international conduct International Jaw was III 4
II faiied 70 cover The whole ground Of doubtful
action II needed only an Interpreter OF authoi.
y eu, o arber and Judge The Christian religion
| has done much to soften and humsnze me aeon OF
men and of nations and the Papal head of Chrsten
dom became. after the disruption Of the Roman En-,
nernationai law. The Popes Of the Middle Ages de-
ternnei many hot dispute between r1 nere ioId de
" acceptei Their action however at the best
! could not adequately supply The place OF rule OF
wber' later With the Reformation movement. the
time came when the Pope could not commana re Sen
nion as the religions head OF united ChrlSiendom
| the necessity az tho time qu'ckene1 mems brains
and under The 6oserns sym With gave
| shape and form ideals generally receiver ana
What Sir james siephen has eloquery said of re
cion may truly be predicated OF n,ernaIonHl la"
The i,Irs,s set 10 music the tune which was haunt
| ing millions OF ears II was caught up, mere ana
there and reneated III the chorus Tar a de-
cords and to force the vast unmuscal mass 10
Although Hugo de Groote is regarded as tho
| father and founder OF inernational law ne was
Years before him namely. Ayals CHE Spanish
| Judge Advocate with the army of the Prince O,
ana So5 born in l5 Whose
not be forgotten. Suarcz in his dc Leginus et
Dec Legislature and Ayaa in MS DE Jur so ct
| Offcils Beliefs ct Discipline Miltari mas dohe
S'''- WHAT sUAREz SAID.
suarez from: the point Of view OF the Cathohc
| tbeologian assumes that the principles OF Tie
moral law are capable Of complete and authorita-
| tive definition and supported by the highest
| spiritual sanction. He therefore treats OF tne
| Lex Naturalis as definite substantive law sum
cient and complete in It's sphere and binding
on all men, But he regards international Ia" a.
a code Of rules dealing with matters outside the
sphere of the natural law-matters not strictly
right or wrong in themselves. but becoming so
only by virtue of the pIecepts OF the Jaw Mhcm ne
copsiders "a he founded upon the generally recoE-
nized usages of nations In the following passase'
which is interesting from the sihgua' j,n
ness of its spirit he explains his view OF the origin
THE foundation of the law Of nations lies In
this that the human race, though divided mo
various peoples and Kingdoms mas a,way' ne Je
tain unity which is not merely the unity Oh spec,e
but is also political and moral. as Is ihown pv ire
natural precept Of mutual love ana ply, WhIcn e. -
to one another and whatever may be their charac-
ter or constitution From whic2 IL foHo"s that
dom may be a community complete in itself. it Is
nevertheless member OF that whole Whch con
never SO Completely self-suficins but that I. re-
qures mutual help ana intercouhrs Se WIZ ~
be obtained but sometimes. too. from the moral
necessity and craving which are apparent ioi" INC
very habits OF mankind ,,
ION this account. therefore, a law is required
by which States may be rightly directed ana reeu-
lated in this kind Of intercourse WIN one dloImvr.
And although 10 a great extent THIS may be sup
piled by the natural law, stli not adequatey nol
directy ana so il has come about that the usages
Of States have themselves LED 10 tne estap
vidual State custom gives use TO lev. 50 fr ne
human race a whole usageS nave req 10 tlc
e,y ,Uasmuch as the m ,tters with which such
law deals few and are closely connected win
duced by differences which. though not strictly
neear so o AS sim so are very eonormabe and
agreeable 10 nature and therefore readiy accepted
Nor ought We TO overlook the work of writer
even earlier than these l mean Franciscus VIC
to Ha ra i n the OF hs i Of ME ethics
Spain claimed, largely by virtue OF Papal grant and
" he sem-ciytlized races Of America He denied
the validity Of the rapa iite ne 'nalntahen d ' ne
claimed TO place internationa relations upon me
basis Of equal rights as between % nthnr words
he first clearly affirmed the iuridcal principle OF the
complete international equality OF Independent
states, however dsproportionate their power
Cirotius undoubtedly had had the field of inter
writer's who had preceded him, but 10 him Is GER
tainly due the credit OF evolving IN ms P S Jure
Bell &C Pacis' a coherent system or law lot the
aggregation OF States.
WHAT THE UNITED STATES HAS DONE.
But turn from this interesting line OF thought
to consider first. the part played by the United
States in shaping the modern tendencies Of inter
national law, and next. whittier those tendencies
run. | have already spoken Of the international
writer's Of whom you are justly proud. 1t
is not too much to say that the undoubted
stream of tendency in modern international law
10 mitigate the horrors of war TO humanize
10 make less inhuman it, methods. and to narrow
the Of its consequential evils, is largely due
the policy Of your statesmen and the moral nlu-
once OF your jursts
The reason why you thus early in your young his
tory as an independent Power took leading and
L.. ~ 10y. IL