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PREFACE

TO

THE FOURTH EDITION.

THE first edition of this work appeared in 1860, and the second, with much new matter and some changes of order, in 1864. A third in 1871, besides other additions, was enlarged by an important supplement to the second appendix, bringing the list of treaties down as nearly as possible to the time of publication, and by a third appendix containing notes on topics either briefly spoken of in the body of the work, or newly brought into prominence during the war of the rebellion. The fourth edition. now follows, in which quite a number of corrections, more or less important, are introduced into the main text; an addition is made to the list of writers on international law, and of collectors of diplomatic documents; the treaties are brought down to the present time; and the third appendix is closed by a note discussing the case of the 'Virginius.'

In regard to corrections, the reader is referred to §§ 55, 58, 122, 152, and 163, as containing the principal ones; and he is requested also to consult the notes in the third appendix in connection with the text to which they relate. It would have suited both writer and reader better to have had these notes inserted in the text, but stereotype plates put books into a strait jacket which it is hard to throw off.

The title-page describes this work so aptly, that a few words only need to be used in regard to its plan and object. The author had been engaged for a number of years in teaching international

law, and in giving lectures on history. The forward movement of this law over the world, the possibility of a universal law of nations, spreading itself like the universal Gospel over mankind, was the thought of greatest interest attending on the study. Naturally the historical treatment suggested itself, so that, while positive law took the first place, with justice going by its side, to serve as model and monitor, the history of the science, of its advances, its fixed points, its uncertainties, was never left out of sight. The list of political treaties in the second appendix, which a student in this country could not conveniently find else. where, will, it is hoped, throw light on the body of the work, and make some of the historical references more intelligible.

The method pursued, of itself, points out the class of readers to whom the work is addressed. It was not intended for lawyers, but for young men of liberal culture, in preparation for any profession or employment, who need the enlarging influences of a study like this; who, in a republic like ours, are in a degree responsible for the measures of the government, and therefore ought to know what is acknowledged justice between state and state.

In concluding this preface the author may be permitted to say that he is conscious of no bias, national or other, in his exhibition of the science. The United States, on the whole, have had an honourable diplomatic history, partly perhaps, if not mainly, owing to their being removed from the close intercourse and mutual jealousies of the nations of the old world. Yet we have done wrong, and in this work there has been no hesitation to condemn such wrong where it seemed to exist. And such ought ever to be the practice of a good citizen.

NEW HAVEN: June 1, 1874.

CONTENTS.

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CHAPTER II.

TERRITORIAL RIGHTS OF STATES AND RIGHTS OF PROPERTY. STRICT RIGHT
RENOUNCED IN THE USE OF NAVIGABLE WATERS.

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