fiving, from whom may be easily procured every fact of importance. The state of New-York was once the residence of a tribe of Indians, by far the most distinguished of any who have been known on this continent.Their manners, their history, and above all, the monuments of art which they have left behind them, invite the attention of all those who delight to contemplate the native, moral, and intellectual character of our species. The most enlightened nations have, by direct effort, encouraged such inquiries.

The statistical views of Scotland and of Ireland, have been read or heard of by us all the late Emperor of France had nearly completed a survey of his dominions on a gigantic scale, and the English nation are now in the successful prosecution of a similar design.

The publication of a third volume of the collections of this Society, appears to be loudly demanded. It is with some pain I observe, that this institution has existed upwards of sixteen years, and that only two volumes of its transactions and papers have appeared, whilst the Historical Society of Massachusetts, in little more than the same period of time, has published no less than sixteen volumes.

This deficiency on our part, cannot have arisen from lack of materials, but from the want of patronage, for our shelves abound in rare printed tracts, and in manuscripts of great value. If every member of this Society would enter into an obligation to purchase a copy of each volume of its transactions as it may appear, the price of which would be amply remunerated by the value of its contents, the Society would be enabled, by this security alone, to publish an annual volume of its papers and communications.

This measure would not only be the means of preserving important documents from oblivion, but at the same time would direct that attention to the history of our own country, which is now in a great degree devoted to that of modern Europe, or to a classical and critical acquaintance with that of Greece and Rome.

AN

ANNIVERSARY DISCOURSE,

DELIVERED BEFORE

The New-York Historical Society,

ON

THURSDAY, DECEMBER 28, 1820.

BY HENRY WHEATON, Esq..

36

NEW-YORK HISTORICAL SOCIETY,

28th DECEMBER, 1820.

RESOLVED, That the thanks of this Society be presented to Mr. WHEATON, for his eloquent and instructive Discourse, delivered this day before the Society, and that he be requested to furnish a copy for publication.

RESOLVED, That Col. JOHN TRUMBULL, the Rev. F. C. SCHAEFFER, and H. M. FRANCIS, Esq. be a Committee to communicate to Mr. Wheaton the preceding resolution.

JOHN B. BECK, Recording Secretary.

ANNIVERSARY DISCOURSE.

IN performing the duty which has been assigned to me by the Society, I have supposed that I might venture to depart a little from the course which has usually been pursued by my predecessors, and speak to you of a subject, not directly connected with the History and Antiquities of America, the more immediate object of your labours and researches. I therefore propose to trace a rapid view of the History of the Science of Public or International Law; a subject which is, in itself, of great interest and importance, and closely allied with other historical studies, but which does not readily admit of those literary embellishments, which are so delightful and refreshing to the mind, but which are not always found associated with grave discussions, in which the moral and political interests of mankind are involved.

If we look back upon the history of the human race, we shall find that the polished nations of antiquity, the monuments of whose arts and literature still continue to furnish us with models and standards of taste, had very imperfect notions of international justice. With them, Foreigner and Barbarian or Enemy, were synonymous, in language and in fact.* By the strict letter of the law of nations, as observed in that age, and by its too frequent practice, the persons of aliens were doomed to slavery, and their property to confiscation, the moment they passed the bounds of one petty state, and touched

Hostis enim apud majores nostros is dicabatur, quem nunc Peregrinum dicimus. Indicant duodecim tabulæ, Aut Status dies cum hoste. Itemque, adversus Hostem æterna auctoritas. Cic. de Offic. L. 1. cap. 12.

the soil of another. Nothing but some positive compact gave them any exemption from this unsocial principle.* Piracy was unblushingly practised by the most civilized nations which then existed. The peaceful merchant, who exercised his useful and almost benevolent industry on the seas, was liable to be plundered by men with whom he or his country had no quarrel: and even the disinterested benefactor of his species,the philosopher who visited foreign countries to enrich his own with the merchandise of science and art,-was exposed to be captured and sold as a slave to some Barbarian master. As to these Barbarians themselves, the acutest of the Grecian philosophers gravely asserts, that they were intended by nature to be the slaves of the Greeks, and that it was lawful to make them so by all possible means †

If such were (what may be called) the pacific relations of the states of Greece with each other, and with the rest of mankind, it may easily be imagined that the rights of War were exerted with extreme rigour. To reduce prisoners, taken in war, to slavery, was the universal practice of the ancient world. But the coldblooded cruelty with which the Athenians (whose exquisitely refined ears were wounded with the barbarous accents of the foreigner, and whose tender hearts were melted with the tragic strains of Euripides) could deliberately devote, by a public decree, to mutilation or death, those whom they ought, even in compliance with their own national prejudices, to have regarded as brethren, because they boasted a common origin, worshipped the same gods, and spoke the same beautiful and perfect language,—is a striking proof how lamentably deficient was their theory and practice of natural law. Their own municipal constitution, even after the

The Greeks termed those who were connected with them by compact, Everard, literally those with whom they had poured out libations to the gods; and those who were not entitled to claim the benefit of this sort of alliance, were called 'Exorore, that is, what we should term, outlaws. The ablest modern historian of Greece observes, that "It appears to have been very generally held among the Greeks of that age, that men were bound by no duties to each other without an express compact.' And the same writer furnishes, among other instances, a practical example of this rule, in the cruel conduct of the Spartans to their prisoners taken upon the surrender of Platea.-Mitford's Hist. of Greece, vol. 1. c. 15, s. 7.

+ Aristot. Polit. L. 1. c. 8.