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.

3. Diplomatic History.

The Abbé de Mably. "Droit Public de l'Europe Fondé sur les Traités," Paris, 1717, 2 vols. Often reprinted, as in his Works (Paris, 1821, 15 vols.).

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. 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."

Francis a Victoria, professor at Salamanca. In his "Relectiones Theologica," published at Lyons, 1557, the sixth part is entitled "De Jure Belli." See Hallam's "Introd." ii., 242, and Wheaton's "Hist.," pp. 35-43. Balthazar Ayala, a Spaniard, judge advocate of the Spanish army in the Netherlands. "De Jure et Officiis Bellicis et Disciplinâ Libri Tres," Antwerp, 1597. Comp. Hallam, ii., 244, and Wheaton, u. s., 43-49. The following passage, cited by Hallam from this scarce work, speaks well for Ayala's soundness of thinking: "Bellum adversus infideles, ex eo solum quod infideles sunt, ne quidem auctoritate imperatoris vel summi pontificis indici potest; infidelitas enim non privat infideles dominio quod habent jure gentium; nam non fidelibus tantum rerum dominia, sed omni rationabili creaturæ data sunt."

Albericus Gentilis (1551-1611), son of an Italian who left his country upon embracing Protestantism. The son became professor of civil law at Oxford, in 1582, and published in the next year a treatise "De Legationibus"—the first work, it is said, specially devoted to the rights of ambassadors. In 1588 came out at Oxford his work "De Jure Belli," and still another is imputed to him by Ompteda, entitled "De Jure Maris:" Of Gentilis, Grotius says, in his Prolegomena, § 38, "cujus diligentiâ sicut alios adjuvari posse scio et me adjutum profiteor." A new edition of his work appeared in 1878 under the care of Professor Holland, of Oxford.

Benedict Winckler († 1648), professor of law at Leipzig, then syndic of Lübeck. "Principiorum Juris Libri Tres," Leipzig, 1615.

For the predecessors of Grotius in general, compare Von Kaltenborn, "Die Vorlaufer des Hugo Grotius," Halle, 1848.

(2.) Grotius and subsequent writers down to Moser.

Hugo Grotius, or De Groot (1583-1645). After filling important offices in Holland, Grotius was involved in the strife between Maurice of Orange, the Stadtholder, and the Grand Pensionary of Holland, Oldenbarneveld. When the latter was beheaded, Grotius was condemned to perpetual imprisonment, with confiscation of his goods, in 1619, but by a successful stratagem of his wife escaped from his confinement in 1621. The next ten years he spent in learned leisure in France, and the rest of his life in the service of Sweden, for a large part of the time as ambassador at the French court. Grotius was equally eminent in classical scholarship, biblical criticism, the defense of the truth of revelation, and the law of nations. wrote also on history, law, and theology. During his exile in France was composed and published his work entitled, "De Jure Belli et Pacis Libri Tres, in quibus jus naturæ et gentium, item juris publici præcipua explicantur." The first edition was published at Paris, 1625. Of the numberless editions which have since appeared, are deserving of mention, (1.) That published at Amsterdam in 1720, in 2 vols., with the notes of Grotius, J. F. Gronovius, and of the editor, J. Barbeyrac, a professor at Groningen.

He

(2.) "H. Grotii, etc., cum Commentariis Henr. Liberi Baronis de Cocceji, nunc ad calcem cujusque capitis adjectis, insertis quoque observationibus Sam. Lib. Bar. de Cocceji," Lausanne, 1751, 5 vols., 4to. These commentaries had been published before by themselves. The text with an abridged translation and notes was published in 1853, at Cambridge, by Dr. Whewell. An excellent estimate of the work of Grotius may be found in Hartenstein's "Darstellung der Rechtsphilosophie des H. Grotius," in the first volume of the transactions of the philological and historical class of the royal Saxon Academy, Leipzig, 1850.

In some editions of the works of Grotius, as in Barbeyrac's, there is an nexed a short treatise of his written in 1609, and entitled "Mare Libe rum." In reply, the most learned Englishman of his time, John Selden, published his "Mare Clausum " (1635), in vindication of the claims of Great Britain to sovereignty over the seas which surround the British islands.

Zouch (1590-1660), professor of civil law at Oxford, and Judge of the High Court of Admiralty. "Juris et Judicii Fecialis, sive Juris inter Gentes et Quæstionum de eodem Explicatio." Oxford, 1650. Comp Wheaton, "Hist.," pp. 100-103, and the table of contents in Ompteda, 1, $ 64.

Samuel von Puffendorf, or Pufendorf (1631 or 1632-1694), professor at Heidelberg of the law of nature and nations (1661), then at Lund in Sweden (1670) historiographer of the king of Sweden, and one of his council (1686), privy councillor of the Elector of Brandenburg (1688). His works which concerns us are,

(1.) "Elementorum Jurisprudentiæ Universalis Libri Duo," the Hague, 1660, a work of his youth. In this work, says Ompteda, he has the same course of thought which appeared in his later works. The natural jus gentium is included in the wider science of jus naturæ, and requires no special elaboration. Besides this there is no voluntary or positive law of nations, since those usages which nations extensively observe in regard to war carry no binding force with them, and by their violation no duties, properly so called, are violated. The inviolability of ambassadors, and their other privileges, are derived, partly from the general law of nature, partly from the free act and policy of the nation accepting the ambassador, and can be refused at the pleasure of such nation without injury to the ambassador's sovereign.

(2.) De Jure Naturæ et Gentium Libri Octo," Lund, 1672, and often. This is his principal work. A French translation, with notes, by Barbeyrac, appeared at Amsterdam in 1706, and an English translation in 1717.

(3.) "De Officiis Hominis et Civis," 1673. This is a mere extract from No. 2. Comp. Wheaton, 88-99. Leibnitz said of Puffendorf that he was "vir parum juris consultus et minime philosophus." Too high a rank is given to him by Sir James Mackintosh, in his discourse on the law of nature and nations.

Samuel Rachel (1628-1691), professor first at Helmstadt, then at Kiel. "De Jure Naturæ et Gentium Dissertationes Duo," Kiel, 1676. This work is remarkable as opposing the views of Puffendorf, and as giving rise to a controversy between two sects of German jurists towards the close of the seventeenth century. "The one sect," says Dr. Wheaton (p. 103), "adhering to Puffendorf, denied the existence of any other law of nations than the law of nature, applied to independent communities; whilst the latter adopted the doctrine of Rachel, founding the law of nations upon the law of nature, as modified by usage and express compact." Rachel's definition of the law of nations is "jus plurium liberarum gentium, pacto sive placito expresse aut tacite initum, quo utilitatis gratiâ sibi invicem obligantur." For an analysis of his work see Ompteda, § 74.

J. W. Textor, professor of law at Altorf, then at Heidelberg (1637– 1701). "Synopsis Juris Gentium," Bâle, 1680. He embraced Rachel's views.

Christian Thomasius (1655-1728) taught at Leipzig, then in 1694 became a professor in the new university of Halle. "Fundamenta Juris Naturæ et Gentium." Halle, 1705 (1st ed.). A learned and influential defender of the views of Puffendorf.

Adam F. Glafey (1682-1754), keeper of the Archives at Dresden. "Vernunft und Völkerrecht," Frankfurt, 1723.

Christian von Wolf (1679-1754), one of the most noted philosophers of his day, professor at Halle in 1706, dismissed from his place by the king of Prussia on account of the theological odium excited against him, then at Marburg, and from 1740 onward again at Halle, being restored to favor. He wrote a system of the law of nature in nine large quartos, of which the last volume treats of the law of nations; and also in 1749, when he was seventy years old, published his "Jus Gentium Methodo Scientifica Pertractatum, in quo jus gentium naturale, ab eo quod voluntarii, pactitii et consuetudinarii est, accurate distinguitur," Halle, 1749. Of this his "Institutiones Juris Naturæ et Gentium," Halle, 1750, translated also into German and French, is an abridgment. "It is not easy," says Wheaton, "to infer from the title of the former work precisely what the author understood to be comprehended under the term voluntary law of nations, as distinguished from the conventional and customary law of nations. Grotius had used the term jus gentium voluntarium in a comprehensive sense, as including all those foundations of international law which could not properly be referred to the law of nature, but depended upon the voluntary consent of all or many nations." In his Prolegomena, Wolf says that "the voluntary law of nations derives its force from the presumed consent of nations, the conventional from their express consent; and the consuetudinary from their tacit consent." This presumed consent he derives from the fiction of a natural commonwealth to which all nations belong, governed by laws which are modifications of natural law, fitted for such a society of nations,

and are obligatory on each member as the laws of a state are on its individual members. He barely assumes the existence of such a commonwealth of nations, and does not show how or when the nations of the world became thus united. Wolf, adds Wheaton, supposes himself to differ from Grotius as to a voluntary law of nations, in two particulars. The first is, that Grotius regards it as a positive law, obligatory on account of the general consent of the nations or of certain nations, while Wolf considers it to be a law imposed by nature, to which no nation may refuse its assent. The second, that Grotius confounds the voluntary with the customary law of nations, whereas the former is of universal obligation, while the latter prevails between particular nations, having been established by tacit consent. (Comp. Wheaton, 176-183.) Wolf's works have become obsolete with his philosophy, but his materials have been worked over by a disciple, Emmerich de Vattel (1714-1767), a Swiss, who for many years was in the service of the Saxon court, and published at Leyden, in 1758, “Le Droit des Gens, ou Principes de la Loi Naturelle appliqués à la Conduite des Nations et des Souverains." This work, on account of its clearness and smoothness, has long been a favorite with statesmen, and has been translated into the principal languages of Europe. The best edition of it is that published at Paris in 1838, with notes by Pinheiro-Ferreira.

De Real. "La Science du Gouvernement." Paris, 1754 and 1764. In eight volumes, the fifth of which contains the law of nations.

J. G. Heineccius (1681-1741), professor at Halle, etc. "Elementa Juris Naturæ et Gentium." Halle, 1738, translated into English, 1742, by G. Turnbull. He understands by jus gentium, says Ompteda, the rights which find their application to societies of every sort, and treats only in a cursory way of the rights of nations. Another work of his was a " Dissertation de Navibus ob Mercium Illicitarum Vecturam Commissis " 1740); also translated into German and Dutch.

(Halle, 1721 and

J. J. Burlamaqui, professor of law in Geneva, and member of the council there (1694-1748). Principes du Droit Naturel." Geneva, 1747.

66

Translated also into English.

Thomas Rutherforth, professor at Cambridge, archdeacon of Essex. "Institutes of Natural Law," London, 1754.

Cornelius von Bynkershoek (1673-1743), member and president of the supreme court of Holland. He has written no systematic work, but the following dissertations, contained in the second volume of his "Opera Omnia" (Leyden, 1767), "De Dominio Maris" (1702), "De Foro Legatorum (1721), and " Quæstiones Juris Publici " (1737), place him among the highest authorities.

Charles Jenkinson, afterwards Lord Liverpool. "Discourse on the Conduct of the Government of Great Britain in respect to Neutral Nations," 1757. This relates to the "rule of 1756," so called. Comp. § 200.

Martin Hübner. "De la Saisie des Bâtimens Neutres," etc. (The