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 standard 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could not conveniently find elsewhere, will, it is hoped, throw light on the body of the work, and make some of the historical references more intelligible.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 is not intended principally 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 honorable 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. : PREFACE TO THE FIFTH EDITION. In this edition, which is doubtless the last that the author will live to superintend, the whole work has been carefully revised; much new matter has been added; the sections relating to private international law, in the strict sense of the term, have been suppressed; and the notes and discussions in the third Appendix of the third and fourth editions have been inserted in the text, either as parts of it or as annotations. For certain notes in which the letters T. S. appear, I am indebted to a friend, who has used the book in his instructions, and has kindly placed them at my disposal. NEW HAVEN, November, 1878. CONTENTS. § 1, 2. A law of action, for states as for individuals, founded in justice. Its genesis and voluntary nature. It is of later growth than state law. Why it arose in Christian states. Illustrations of this from Greece and Rome. Not true that these nations had no international law. Its A reference to the standard of justice necessary in international law. It cannot be resolved into contract-obligation. Must be looked at both as a positive law and in its relations to jus and $20a. (3.) Is there a right of punishing other states? $206. Obligation of states to aid justice outside of their own bounds. § 21. (4.) Is there a right of conquest? $ 22. Moral relations, or duties and moral claims of states. § 37. Essential attributes of a state. Sovereignty, independence, equality, all included in sovereignty. May be parted with by confederated and by § 38. Obligations not affected by change of government. § 39. All forms of government legitimate in the view of international law. § 42. Assistance to provinces in revolt unlawful, but aid to another state § 43. Non-interference the rule, but with exceptions. Interference when jus- § 44. Interference to preserve the balance of power. § 45. Historical illustrations of such interference. § 46. Interference to prevent revolutions. § 47. Instances of such interference in the French revolution. The Holy Al- |