INTERNATIONAL LAW

IN CONNEXION WITH

MUNICIPAL STATUTES.

CHAPTER I.

INTRODUCTORY OBSERVATIONS.

It has been eloquently observed by an American citizen* of no mean standing and ability, that "the struggle in "which the Government and loyal people of the country '(the United States of America) have been now for

nearly two years engaged, is one of almost unex"ampled magnitude, attended with all the difficulties, the "sacrifices, the alternations of success and failure, which "are incident to a contest of such stupendous dimensions. "Scarce ever have there been arrayed against each other, on a field of action so vast, forces so numerous, at an expense so great, with such profusion of material supplies and financial resources, and, what is infinitely more important, with interests so momentous at stake. "The scene of the conflict, co-extensive as it is with "the settlements of the United States this side of the Rocky Mountains, is but little inferior in extent to "Europe; the military forces in array, and amply supplied with the materiel of war, are as great as were ever placed in the field in the wars of the French

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*The Honourable Edward Everett.

Introductory observations.

B

servations.

Introductory ob"Revolution; the sea-coast held in rigid blockade by our "navy, is more extensive than that actually blockaded by the navy of Great Britain during that war; our "armies and navy, owing to the character of our soldiers "and seamen, and the higher standard of comfort in "this country, are sustained at greater expense than "those of any other service: and the objects of the war are nothing less than to prevent a great and prosperous "Union of States, under one constitutional government, "from being broken up into wretched fragments; to "protect the organic life of a mighty people, in the "morning of their national existence, from the murder

Character of the war.

ous and suicidal blow aimed at it; to rescue the work "of our revolutionary and constitutional fathers, the "greatest political work of human wisdom, from igno“minious ruin; and to hand down this peerless inherit"ance of public and private blessings unimpaired to 66 our posterity."

The page of history furnishes no parallel to this gigantic crusade. The civilized portion of the world, notwithstanding its large experience of the horrors of war, has from day to day been appalled by the revolting details of wholesale slaughter and merciless carnage which have marked the footsteps of the contending armies. The best feelings of mankind have been shocked by the reckless indifference to the sacrifice of human life, and the heartless spoliation of the property of non-combatants, even to the destruction of the implements of reproduction, which have characterized this war. Nay, we may add to the dark catalogue the murder in cold blood of innocent victims to fratricidal animosity, and cite for instance the solemn mockery of a military execution of a young, handsome, and gallant officer, and two of his comrades, on the bare suspiciɔn

servations.

sequences

to

of having disposed of an enemy who subsequently Introductory olto the bloody tragedy reappeared safe and sound. Viewing the horrors of civil strife from afar, the neutral countries of Europe could only stand aghast at the frightful spectacle, and deplore the remorseless cruelty and rapine which, in defiance of all the principles of modern warfare observed by civilized nations, have conferred an unenviable notoriety upon the actors in this terrible drama. Desirable as it may be for neutral nations to stand aloof from the intestine feuds which disturb the peace of the other great families of the earth, it is impossible for them to avert the calamitous consequences which war indirectly brings upon Calamitous conthe non-belligerent countries, particularly where, as neutrals. in the present case, great mercantile interests are involved. The sea-board of the contending parties beset by blockading squadrons, is measured not by hundreds, but thousands of miles. Commercial enterprise, ever daring in the pursuit of gain, tempted by the high premium on success, is ready to peril its ships and cargoes in the hope of maintaining lucrative inter-communication with the mercantile depôts of the immense territory beyond the guarded line of coast. Sympathy, too, for one or other of the belligerents, encourages a chivalrous desire on the part of the neutral, whatever the policy of his country's government, to run all risks to succour those whose cause he is

disposed to espouse. Conflicts are in such a state of things inevitable; hence, complications ensue both as affects the international rights of their respective countries, and the duties and privileges of their respective subjects. With such questions it is often difficult to deal, notwithstanding the acknowledged rules laid down for the general government of nations in such emer

servations.

Introductory ob-gencies, and the municipal laws and regulations adopted by particular states. Those rules, so to speak, have grown out of the exigencies of the case, the provisions of treaties, and the decisions of the courts of civilized nations, from time to time accepted by common consent of the strongest, and quoted for or against each other, as parallel circumstances arise. These constitute what Origin of Inter- is called International Law, forming as it were a code for the mutual government of the nations of the earth in their relations with each other.

national Law.

Treaties.

Municipal Laws.

The power of concluding treaties and contracting alliances with other states, is an important national prerogative, which, however, can only be exercised so as not to endanger the rights, liberties, and safety of surrounding nations. With reference to these it has been observed by that eminent American writer Chancellor Kent, that treaties of commerce which define or establish the rights and extent of commercial intercourse, occupy from their great utility a very important title in the code of national law.*

The municipal laws of particular states, having relative objects in view, are rather designed for the control of the subject in matters where it may be deemed essential, in time of war or peril, to interfere with the free action or liberty of the subject, as political expediency or the interests of the state may require. The propriety of enforcing these municipal statutes properly rests with the executive. The declared object of the Foreign Equipment Act of this country clearly is, as its preamble indicates, to restrain the subject from pursuing such a course as might " be prejudicial to, and tend to "endanger the peace and welfare of this kingdom."

It is the undoubted right of every independent state * Kent's Com., vol. i., p. 36.