in 1814, under the title of Traité du Droit des Gens.' Like Bentham, he advocated a project of perpetual peace, founded upon a confederation of free States. His principles have been ably contested by Hegel. Christopher G. Koch, a native of Alsace (born 1737, died 1813), published, in 1796, his 'Abrégé de l'Histoire des Traités de Paix.' This was followed by other historical collections. Frederick Charles Savigny, a native of Frankfort-on-the-Maine (born 1779), belonged to what is called the historical school of German lawyers. His work on the Law of Possession' was written in 1803, but his 'History of the Roman Law in the Middle Ages' was not published till 1815. All his writings are rather of a historical than a philosophical character. Robert Plummer Ward, an English author (born 1765, died 1846), published, in 1795, his History of the Law of Nations in Europe,' from the time of the Greeks and Romans to the time of Grotius; it is a work of great ability. Sir James Mackintosh, another English writer of note, delivered a course of lectures in 1797, in Lincoln's Inn Hall, on the 'Law of Nature and Nations;' but the subject being unattractive to an English auditory, only the 'Introductory Discourse' was published. It is found in his 'Miscellaneous Works,' and contains an admirable review and criticism of the works of other publicists. Don Ramon Lázaro de Dou y de Bassols, a Spanish author, published, in 1802, his work entitled Instituciones del Derecho Publico General.' J. M. Gérard de Rayneval, a native of Alsace (born 1736, died 1812), first published his work, entitled 'Institutions du Droit de la Nature et des Gens,' in 1803. M. de Flassan, a native of France, published, in 1811, his 'Histoire générale de la Diplomatie Française,' and in 1814, his Histoire du Congrès de Vienne.' Thomas Hartwell Horne, an English author, published, in 1803, a 'Compendium of Admiralty Decisions,' and, subsequently, a ‘Treatise on Diplomacy.' J. Jouffroy published, in 1806, his 'Droit des Gens Maritime Universel.' F. J. Jacobson published, in 1804, his Handbuch über das praktische Seerecht,' etc., and, in 1815, his work, entitled 'Seerecht des Kriegs und des Friedens,' etc. A translation of this work, by William Frick, was published, in Baltimore, in 1818. J. N. Tetens published, in 1805, a work on the reciprocal rights of belligerents, and, in 1811, Count Merlin published his valuable

Répertoire,' which has since been greatly enlarged. De Steck published, in 1790, his 'Essay sur les Consuls.' Warden, United States Consul General in France, published, in 1815, a valuable work on the same subject, which was translated into French by Barrère. John E. Hall published, in Baltimore, in 1809, a treatise on 'Admiralty Practice,' in which he embodied a translation of Clerke's Praxis,' which was first published in Latin, in 1679. Robinson published his 'Collectanea Maritima,' in London, in 1801. Marin published his 'Derecho Natural y de Gentes,' in 1800.

6

§ 28. But any deficiency in the number and character of professed writers on public law during this period is more than compensated for by the decisions of judicial tribunals on questions of international law, and more particularly of the maritime law of nations, the opinions delivered by the judges being often characterized by profound learning and great legal ability. Of the English judges of Admiralty and prize, Sir William Scott, afterward Lord Stowell, was unquestionably the most able and the most distinguished. Mr. Duer very justly remarks: 'In the same sense in which Lord Mansfield is usually termed the father of commercial law in England, Sir William Scott may be justly regarded as the founder of the law of maritime capture. Its principles, it is true, had been stated by the great writers on public lawGrotius, Puffendorf, Vattel, and Bynkershoek-but they were stated in terms so loose and general, as rendered them too liable to be differently understood and applied by different nations. It is, by a series of judicial decisions, in the prizecourts of England and of the United States, and principally by those of Sir William Scott, that these principles have been rendered clear, definite, and stable; by their extended application, in practice, have been rescued from the domain of theory, and by successive elucidations and varied illustration, have been expanded and wrought into a consistent, harmonious, and luminous system. The opinions of Sir William Scott, the chief architect of this noble structure, are those, not merely of a jurist, but of a scholar, philosopher, and statesman; and they are as much distinguished by the beauties of their composition, as by their sagacity and learning, and comprehensive views.'1

1 1 Duer, On Insurance, vol. i. pp. 746, 747; Manning, Law of Nations, pp. 45-47; Hoffman, Legal Studies, vol. ii. pp. 458 et seq.

Ninth Period-From the Congress of Vienna to the Treaty of Washington, 1815-1842.

29. Europe, exhausted by the great wars of the French Revolution and Empire, which were terminated by the treaties of Paris and Vienna, in 1814 and 1815, enjoyed a long period of general peace, interrupted only by the internal revolutions of Greece, France, Belgium, Poland, etc., and the war between Russia and the Porte, which was terminated by the treaty of Adrianople in 1829. These wars, however, were too limited in their extent and too temporary in their character to disturb the general tranquillity of nations. The lessons of the past had taught the Allies, and particularly Great Britain, the impolicy of dictating to others the form and character of their government, or the person of their ruler, and when France, in 1830, revolted and dethroned her king, again exiling the Bourbons whom the Allies had forced her to receive in 1815, she was permitted to form her own. government and select her own sovereign without molestation or foreign interference. The same regard for the principles of international law, and the rights of sovereign States, was not shown in some other cases: but the right of intervention in the internal affairs of other States, where not justified or required by existing treaties, was not only not claimed, but expressly denied by British statesmen. In America, during this period, the Spanish and Portuguese provinces, following the example of their northern neighbours, revolted against the governments of the mother countries, and, after a contest of many years, succeeded in establishing their independence, and assumed the position and rank of sovereign States. The United States, profiting by the long peace to people her wide domain by European immigration, and to build up her commercial marine by unrestricted trade with other countries, rapidly became a formidable rival to the great maritime powers of Europe. But the treaty of Ghent had left undecided the important questions which had been involved in the war with Great Britain in 1812, and new causes of difficulty were continually arising between the two countries. The latter forbore, it is true, any attempt to visit and search American ships for her own seamen, but claimed the right to visit such vessels on the high seas in order to determine their character

and ascertain if they might not be engaged in the slave trade. Moreover, the dispute with respect to the northeastern boundary, and the capture and destruction of the 'Caroline' on the Canadian frontier by British forces, within American territorial jurisdiction, so involved the relations of the two countries, and so embittered the feelings of both nations, that war seemed almost inevitable. But cooler and wiser counsels prevailed, and most of these points of dispute were happily settled by the treaty of Washington in 1842.1

§ 30. The more important questions of international law, agitated during this period, were the right of armed intervention, as in the case of Naples, Spain, Greece and Belgium; the right of forcible annexation, as in the case of the kingdom of Poland; the internal and external rights of confederated States, as in the case of the Germanic and Swiss Confederations; the rights of sovereign and independent States to change their government, as in the case of France, Belgium, etc.; the free navigation of great rivers which divide or run through different States, as the Rhine, the St. Lawrence, the Mississippi, etc.; the right of territorial jurisdiction over inland waters, as the Black Sea, the Dardanelles, the Bosphorus, etc.; the right of colonial revolution and independence, as in the case of Mexico and the Spanish and Portuguese provinces of South America; the right of visitation on the high seas in time of peace to search for slavers; and the inviolability of neutral territory, as in the case of the destruction of the steamer 'Caroline' by British forces within the territorial jurisdiction of the United States. Another question agitated during this period, and most warmly discussed in the British Parliament, was the right of the people of one State to assist, in time of peace, the insurgent colonies of another State. This question arose with respect to the expeditions fitted out in England in aid of the insurgents of Spanish America-expeditions similar in character to those which in the next period were organised in the United States, and generally known as 'filibuster expeditions.' Laws were passed, nominally to prohibit them, but these laws were a mere dead letter upon the statute-books. In addition

1 Alison, Hist. of Europe, second series; Capefigue, Hist. de la Restoration; Capefigue, L'Europe depuis l'avènement du roi LouisPhilippe.

to the men, arms, and munitions of war furnished by Great Britain, it is estimated that she advanced, in loans to the revolutionary governments of South America, between 1820 and 1840, the sum of one hundred and fifty million pounds. sterling, nearly all of which was lost by the faithlessness and insolvency of the governments and States which received it. The entire loss of Great Britain by these advances, and the reaction produced thereby in 1825, is estimated at three hundred million pounds sterling, or fifteen hundred millions of dollars! Moreover, the export trade from Great Britain to America (exclusive of the United States), which, in 1809, before these revolutions began, was eighteen million fourteen thousand two hundred and nineteen pounds, had sunk, in 1827, to one million two hundred and ninety thousand pounds, and even, in 1842, had only reached two million three hundred thousand pounds! Such,' says Alison, 'have been the effects, even to the immediate interests of England, of her iniquitous attempt to dismember, by insidious acts in peace, the dominions of a friendly and allied power! Providence has a just and sure mode of dealing with the sins of men, which is, to leave them to the consequences of their own actions.' That the aids thus afforded by Great Britain, or rather, by the people of Great Britain-for the government pretended to discountenance and oppose it-were in direct violation of the plainest maxims of international law, no one will venture to deny. In this case at least, punishment followed close upon the commission of the crime ! 1

§ 31. Among the authors of this period who have treated of matters connected with international law, we may mention the names of Kamptz, Kluber, Hegel, Wheaton, Kent, Story, Manning, Bello, Pfeiffer, C. D. Martens, Garden, Pardessus,

etc.

C. A. von Kamptz published at Berlin, in 1817, his 'Neue Literatur des Völkerrechts.' It is a continuation of the work of Ompteda, and the two form a valuable history of the law of nations. Jean Louis Kluber (born 1762, died 1837) first published his 'Droit des Gens Moderne de l'Europe,' in 1819;

1 Wheaton, Hist. Law of Nations, pp. 425-758; Alison, Hist. of Europe, ch. lxvii. §§ 47-91; Alison, Hist. of Europe, second series, ch. iv. §§ 103-106. But see the British Foreign Enlistment Act, 1870, post, ch. xiii., also vol. ii., pp. 185-203.