Newb..

New York Legal Obs.. New York Legal Observer

Newberry's Admiralty Reports, U.S., various districts

INTERNATIONAL LAW.

CHAPTER I.

HISTORY OF INTERNATIONAL LAW.

1. Division of the subject-2. International Law among the Jews-3. Among the ancient Greeks and Romans-4. The jus gentium of the Romans-5. Introduction of Christianity into the Roman Empire6. Fall of that Empire and its effects-7. International Law during the dark ages-8. Its origin in modern Europe-9. Injurious effects of Papal supremacy-10. Effects of the Reformation-II. Other causes of its advancement in the middle ages-12. The Rhodian Laws, Rooles d'Oléron, etc.-13. The Consolato del Mare, Guidon de la Mer, etc.-14. Writers on International Law prior to Grotius-15. Writings of Grotius-16. Political events from the peace of Westphalia to that of Utrecht-17. Questions of International Law agitated during that period-18. Writers on Public Law immediately following Grotius19. Political events from the peace of Utrecht to the end of the Seven Years' war-20. Questions of public law during that period-21. Writings of publicists-22. From the close of the Seven Years' war to the French Revolution-23. Questions of public law during that period -24. Writings on International Law-25. From the beginning of the French Revolution to the Congress of Vienna-26. Questions of International Law during that period-27. Writers on International Law-28. Decisions of judicial tribunals-29. From the Congress of Vienna to the Treaty of Washington-30. Questions of International Law during that period-31. Writers on International Law-32. From the Treaty of Washington to the beginning of Civil War in the United States-33. Questions agitated in America during this period -34. Questions agitated in Europe-35. Text-writers and judicial opinions-36. Diplomatic and legislative discussions.

§ I. IN the following sketch of the history of International Law, we shall divide the subject into periods of unequal length, but usually marked by some important event, and having reference rather to the progress of the law than the history of nations. This plan seems preferable to that adopted by Hallam, of dividing it arbitrarily into periods

of half a century each. We shall therefore consider the condition of international jurisprudence: Ist, Among the ancients; 2nd, From the beginning of the Christian era to the fall of the Roman Empire; 3rd, From the fall of the Roman Empire to the beginning of the Reformation; 4th, From the beginning of the Reformation to the peace of Westphalia; 5th, From the peace of Westphalia to the peace of Utrecht; 6th, From the peace of Utrecht to the close of the Seven Years' war; 7th, From the close of the Seven Years' war to the beginning of the French Revolution; 8th, From the beginning of French Revolution to the Congresses of Paris and Vienna in 1814 and 1815; 9th, From the Congress of Vienna to the treaty of Washington in 1842; 10th, From treaty of Washington to the Civil War in the United States in 1861.1

These divisions are somewhat different from those adopted by other writers, but they seem to us most rational, or at least, as best suited to the very brief historical outline which we propose.

First Period-International Law among the Ancients.

§ 2. The history of the Jews, as derived from the Old Testament and the writings of Josephus, furnishes much information relating to the rules by which the ancient Hebrews regulated their intercourse with other nations in peace and war. Grotius and other writers on international jurisprudence have illustrated their own views of public law by numerous examples taken from the history of this singular people, and Selden's International Law of the Jews, entitled De Jure Naturali et Gentium juxta disciplinam Ebræorum, is a work of great erudition. He very justly distinguishes between the usages and practices which were susceptible of general application, and those limited rules of conduct which constitute the jus gentium of the Roman lawyers. As might be expected from an isolated and religious people, most of the laws regulating their international intercourse in peace and war, were of the latter character. Nevertheless the history of the ancient Jews is well worthy of careful study in its connection with this branch of public law; but it must be remembered there is much in the Jewish dispensation, 1 To which we must add an eleventh period, viz., from the Civil War in the United States, to the present day.