And the spread even of the admission that the law of nations ought to be one and the same everywhere, would strengthen the feeling of world-brotherhood of men, as by their nature formed for moral communion, more than anything except a common religion of mankind.

And again, every educated person ought to become ac quainted with international law, because he is a responsible member of the body politic; because there is danger that party views will make our doctrine in this science fluctuating, unless it is upheld by large numbers of intelligent persons; and because the executive, if not controlled, will be tempted to assume the province of interpreting international law for us. As it regards the latter point it may be said, that while Congress has power to define offenses against the laws of nations, and thus, if any public power, to pronounce authoritatively what the law of nations is, the executive through the Secretary of State, in practice, gives the lead in all international questions. In this way the Monroe doctrine appeared; in this way most other positions have been advanced; and perhaps this could not be otherwise. But we ought to remember that the supreme executives in Europe have amassed power by having diplomatic relations in their hands, that thus the nation may become involved in war against its will, and that the prevention of evils must lie, if there be any, with the men who have been educated in the principles of international justice.

I close this treatise here, hoping that it may be of some use to my native land, and to young men who may need a guide in the science of which it treats.

APPENDIX I.

A BRIEF SELECTION OF WORKS AND DOCUMENTS BEARING

ON INTERNATIONAL LAW.

A. ITS LITERATURE AND HISTORY.

Von Ompteda. "Literatur des gesammten, so wohl natürlichen als positiven, Völkerrechts." Regensburg (Ratisbon), 1785, 2 parts, continued by Von Kamptz. "Neue Literatur des Völkerrechts seit dem Jahre, 1784." Berlin, 1817.

Robert v. Mohl. "Die Geschichte und Literatur der Staatswissenschaften." Erlangen, 1855-1858, 3 vols. The first volume includes a monography on the more recent literature of the law of nations, containing valuable criticisms.

The works of Klüber and De Martens on the Law of Nations, in the edition of the former by Morstadt (1851), and of the latter by Vergé (1858), contain, each, a selection of authorities and helps in that science, and the notes to Heffter's "Völkerrecht" contain copious references to other writers.

Rob. Ward. "Enquiry into the Foundation and History of the Law of Nations in Europe, from the Time of the Greeks and Romans to the Age of Grotius." London (and Dublin), 1795, 2 vols.

Henry Wheaton. "History of the Law of Nations in Europe and America, from the Earliest Times to the Treaty of Washington, 1842." New York, 1845. This work was first written and published in French (Leipzig, 1841), as an answer to a prize question proposed by the French academy of moral and political sciences, and was considerably enlarged when it appeared in its English dress.

Ed. Osenbrüggen. "De Jure Pacis et Belli Romanorum, liber singularis," Leipzig, 1836.

K. Th. Pütter. "Beiträge zur Völkerrechtsgeschichte und Wissenschaft." Leipzig, 1843.

Müller-Jochmus. "Geschichte des Völkerrechts im Alterthum," Leipzig, 1848.

Laurent (F.). "Histoire du Droit des Gens," Ghent, 1850, Paris, 1851, 3 vols. The first volume treats of the Oriental nations, the second of the Greeks, the third of the Romans. Comp. Mohl's criticism, u. s., i., 374.

B. DOCUMENTS, INCLUDING DIPLOMATIC HISTORY.

1. The Early Maritime Laws.

These are chiefly contained in Pardessus' Collection des Lois Maritimes Antérieures au XVIIIe Siècle," Paris, 6 vols., 4to, 1828-1845.

The earliest of them, the laws of the Rhodians, belongs to the ninth century. To the twelfth century pertain the maritime laws contained in the Assises des Bourgeois du Royaume de Jerusalemme, the Rooles or Jugemens d'Oleron, and the Jugemens de Damm, or Lois de West-Capelle. Damm, in Flanders, the port of Bruges, began to be a town of importance before 1180. Its customs were principally copied from those of the isle of Oleron. The "Consolato del Mare," composed at Barcelona in the Catalonian dialect, the most extensive and important of the sea-codes (comp. § 189), was collected in the fourteenth century, and to the same century must be ascribed the first laws of Wisby on the island of Gothland, and the customs of Amsterdam; but the sea-code of Wisby belongs to the next century, and, according to Hüllmann ("Städtewesen des Mittelalters,” i., 182), was borrowed in part from the laws of Oleron and of Amsterdam. The laws of the Hanseatic league are of various dates, especially of the fourteenth and fifteenth centuries, and the "Guidon de la Mer " was composed in the century next succeeding. The sea laws of Amalfi, of an earlier date, have been published by the Italian historian, Troya, under the title, "Capitula et Ordinationes Maritimæ Civitatis Amalfitana." Vienna, 1844.

2. Collections of Treaties.

Dumont. "Corps Universel Diplomatique," etc., Amsterdam and the Hague, 1726-1731; 8 vols., folio, most of them in two parts. A supplement to this work in 5 vols., folio (Amsterdam and the Hague, 1739), contains a history of ancient treaties by Barbeyrac (vol. i.), a supplementary collection of treaties from 838 to 1738,- Dumont having ended with 1731, - by Rousset (vols. ii., iii.), and a “diplomatic ceremonial of the courts of Europe” (vols. iv., v.), by the same author. Another supplement sometimes accompanying Dumont's work is entitled "Histoire des Traités de Paix et Autres Négociations du XVIIe Siècle," by Jean-Yves de St. Priest, Amsterdam, 1735, 2 vols., folio.

Wenck (F. A. G.). "Codex Juris Gentium Recentissimi," Leipzig, 3 vols., 8vo, 1781-1795. This embraces a period of thirty-seven years, 1735-1772, and continues Dumont's work.

1 Warnkönig, in his Flandrische Staats-und Rechtsgeschichte, vol. i., Appendix, No. XLI., gives an old text of the laws of Damm, instead of the modern and worthless one of Pardessus.

De Martens (G. F.). "Recueil des Principaux Traités de Paix, d'Alliance, etc., depuis 1761 jusqu'à nos jours." The "Recueil" forms 8 volumes and reaches down to 1808, with 3 volumes of supplements. (2d ed. Götting., 1817-1835.) The " Nouveau Recueil," by the same editor, continued by his nephew Ch. de Martens, by Saalfeld and Murhard, is in 16 vols., some of which are in several parts, so as to make 20 vols., and reaches from 1808 to 1839. The "Nouveau Recueil Général,” edited by Murhard, and from the 14th vol. by Samwer and Hopf, consists thus far of 20 vols. The first part of vol. xx. reaches into 1875. The "Nouveaux Supplemens" by Murhard, in 3 vols., supply what is deficient down to 1839. A register in two parts, entitled "Table Générale du Recueil des Traités de G. F. de Martens," accompanies this work, and covers the period down to 1839. (All the volumes have been published at Göttingen in various years.)

Schmauss (J. J.). "Corpus Juris Gentium Academicum (1696–1731).” Leipzig, 1730, 2 vols., 8vo.

Leibnitz. "Codex Juris Gentium Diplomaticus," and "Mantissa Codicis Juris Gentium Diplomatici." Containing not only treaties, but various other documents. 1693, 1700, Hanover.

Ch. de Martens et J. de Cussy. "Recueil Manuel et Pratique des Traités, Conventions," etc. Of this selection, which is intended to embrace the treaties on which the relations of the world since 1760 are based, 7 vols. had appeared in 1857.

Most civilized nations have special collections of their own diplomatic transactions. We name a few:

Leonard. "Recueil des Traités, etc., faits par les Rois de France, depuis près de Trois Siècles," Paris, 1693, 6 vols., 4to.

Rymer. "Archiva Regia reserata, sive Foedera, etc., inter Reges Angliæ et alios quosvis ab ineunte Sæculo XIImo." Lond. 1703-1735, 20 vols., folio. The later volumes were prepared by Robert Sanderson.

"Collection of all the Treaties of Peace between Great Britain and other Powers, from 1648 till 1771," London, 1772. A second ed., by Ch. Jenkinson, afterwards Earl of Liverpool, in 3 vols., carries them down to 1784. Chalmers. "A Collection of Maritime Treaties of Great Britain and other Powers," London, 1790, 2 vols., 8vo.

Lünig (J. C.). "Teutsches Reichs-Archiv," Leipzig, 1710-1722, 24 vols., folio.

"Colleccion de los Tratados de Paz, Alianza, etc.," by D. Jos. Ant. de Abreu y Bertonado, Madrid, 1740-1752, 12 vols., folio.

Cantillo. "Tratados de Paz y de Comercio," Madrid, 1843.

Lünig (J. C.). "Codex Italiæ Diplomaticus," Frankf. and Leipz., 1725– 1735. 4 vols., folio.

Elliott (J.).

"American Diplomatic Code, containing Treaties of the United States between 1778 and 1834, Washington, 1834.

The seventh volume of "Public Statutes at Large of the United States

of America," edited by R. Peters, Boston, 1848, contains, in two parts, treaties with foreign states and Indian tribes. (Vols. vii. and viii., new ed.) Klüber (J. L.). "Acten des Wiener Congresses, in den Jahren 1814

und 1815," Erlangen, 1815-1816, 6 vols., 8vo.

Ghillany (F. G.). "Diplomatisches Handbuch," Nördlingen, 1855 to 1868, 3 vols. Also in French, Paris and Brussels, 1856. A brief selection, omitting a number of the most important treaties.

The Abbé de Mably. Paris, 1717, 2 vols.

vols.).

3. Diplomatic History.

"Droit Public de l'Europe Fondé sur les Traités,” Often reprinted, as in his Works (Paris, 1821, 15

Koch. "Abrégé de l'Histoire des Traités de Paix," etc., Bâle, 17961797, 4 vols. Recast by Schöll, Paris, 1817-1818, in 15 vols.

Flassan. "Histoire Générale et Raisonnée de la Diplomatie Française," Paris et Strasbourg, 2d ed., 1811. The same author published a History of the Congress of Vienna at Paris, in 1829.

"Histoire des Traités de Paix," etc., by the Comte de Garden. Fourteen volumes appeared without indication of year before 1859, and reach down from the peace of Westphalia to the peace of Paris in 1814. This is a revival of the works of Koch and Schöll. See Mohl's critique on this work (u. s., p. 345), who is of opinion that De Garden's own labors in this work are of but little importance.

Spalding (L.). "The Diplomacy of the United States. Being an Account of the Foreign Relations of the Country." Boston, 1826.

Mignet. "Négotiations Relatives à la Succession d'Espagne sous Louis XIV.," Paris, 1835-1842, 4 vols., 4to.

Other works on the history of diplomacy are mentioned and characterized by Von Mohl (u. s.). Here also the published correspondence of statesmen and ambassadors, and the works of the ablest historians, are great helps. Here is the place to name collections of documents, which are often of great value in illustrating the progress of negotiations. Of this kind are the British and foreign state papers, of which twenty-four volumes had appeared in various years down to 1853; the Parliamentary papers of various years; the "Portfolio," 6 vols., 1836-1837; “ Diplomatic Correspondence of the American Revolution," by J. Sparks, Boston, 1829-1830, 12 vols.; "Diplomatic Correspondence of the United States from 1783 to 1789," Boston, 1838, 7 vols.

C. TREATISES ON THE LAW OF NATIONS OR ON TITLES OF IT.

(1.) Among the forerunners of Grotius may be named Oldendorp, professor at Marburg. 66 Isagoge, seu Elementaria Introductio Juris Naturæ, Gentium et Civilis," Cologne, 1539.

Suarez, a learned Spaniard, professor at Alcala, Salamanca, etc. (1548– 1617). "De Legibus et Deo Legislatori."