The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-17
survey OF International Law by
an American Naval 'Omcer.

an American Naval 'Onicer.
Trained in the "old' navy and grad
uated after long service in the line;
delegate plenipotentiary OF the United
States TO the London Naval Conference
Of 1909, CHARLES II. STOCKTON. Rear
Admiral, L. s. n. retired. author OF a
treatise on the usages OF naval war
fare and compiler of a manual OF inter
national law for the guidance OF naval
officers has made noteworthy con-
trlbut!on to the literary performance
OF Uncle Sans sea officers In his
Outlines Of International Lac tScrb-
uers). The term international law"
seems to have been. first used about
1880 by Jeremy Bentham; It supplanted
the older law OF nations" The thing
Itself may be said to have really come
into existence with the modelling OF
modern Europe after the Thirty Years
War, for the codes and customs OF an
cient peoples and medieval city States
are "A remote and pretty family recog-
nizable ancestry for the modern prac-
tIce Of civilized nations Grotius, 1888
lG4J, in his treatise DE Jure Bell ad
Pacls" was the founder OF internal
tiona law as a political science. When
Fattel. l7l4-67. analysed the prime
rights and duties of States he had
available a corpus OF legislative defni-
ton ana treaty precedent greatly in add
vance of the materials OF his predeces-
sor tphalia. Utrecht, Vienna. Paris,
Washington GS1D. The Hague: the
list epitomi2es the development Of inter
national law.
In war time international law"
seems to partake II the nature Of law
just about as mach as q path through
woodland which the W .arar may fol-
| low or diverge fr.m at W.. lut though
there is no 10 leIdt.un O! nations, no in
ternat!onal police force. and probably
never can be- for al the beautiful the
cries Of idea,iSts. there is in time OF
peace something fairly approaching
| legislative status in the conduct of in
| ternatloual affairs The mn;ua. o., So
/ stiles 81 states. multiplied to infnity
/ with tire advance Of civilization, sug-
gest by way Of Simpl fyirg tho iucreas-
! ingly labyrlnth!ne reticulation OF pri-
vate and public interests a scheme of
accommodation reasonably 10 be hN-
cned to the mathematician's reduction
of the difficulties OF his complicated
/ processes by the preliminary elimina-
/ ton of like factors from the opposite
sides Of an equation. Each State has
! its own Constitution. amendable at its
own will without need of consultation
with other States. But navigation.
fisheries, trade and the protection Of
| its citizens abroad bring the State into
| contact with other Governments So
long az there is mutual confidence and
good faith international law operates
! for peace; when that happy condition
ceases to prevail the rules OF war come
into use. Violation or failure OF those
rules .eads to new agreements be-
tween the nations: natural, not gal
vanic progress"
That most estimable and lndispensa bic
parsonage the ordinary" citizen. not
versed in the ways OF courts and capl-
tails. except through lamentably but
necessarily inadequate report and per-
haps the delightful II not realistic lu-
cuDrations or certain style in nc
ton is apt to Yet the trappings monop-
olize his attention while the crftter goes
unregarded; to sec mere sparring
where In reality heavy blows are
struck; TO consider diplomacy mere
and sheer hugger-muggery, the whole
business OF international politics MOTH
ing but game. without due regard for
the buried" cards. A great war like
the present horrible conflict in Eu-
rope does, however, for all the sur
face seething OF tho less worthy pas
sions incorporate in patriotism. de-
velop also that education in the noblest
forms OF patriotism which Is the most
efficacious medlcament for people
grown fat with too easy prosperity. Out
OF this war will come a new sense of
responsibility on the part both OF rul-