and, commercially, contributed to their own destruction-had been generally followed?

XX. In the performance of a melancholy duty, I am obliged to close this chronicle of events by the admission that the suggestion contained in the last Protocol to the Treaty of Paris, 1856, that Christian States should not go to war without previously attempting to adjust their dispute by arbitration, has remained a dead letter, except perhaps in the case of Luxemburg. Neither of the Belligerents, in the present horrible war, would listen to the suggestion of such an arbitration.

XXI. The writer of these pages is anxious to acknowledge the service which he has derived from the works of his own countrymen and from those of the United States of North America and the Continent of Europe in the compilation of this volume. To the works of Ward, of Manning, of Wheaton, and Story, he is under great obligations. To various writers on the European Continent, and especially to the learned Pfeiffer, his acknowledgments are also due. He also desires to draw attention to the Spanish works of Abreu and Pando, particularly of the latter. "Die Geschichte und Literatur der Staatswissenschaften," by R. von Mohl, Erlangen, 1855; an excellent essay by Mr. Hurd, an American jurist, on Topics of Jurisprudence connected with "Conditions of Freedom and Bondage ;" a sketch by M. van Hogendorp, a Dutch jurist, of the Dutch School of Jurisprudence founded by Grotius; some pamphlets on Maritime International Law by Professor Würm of Hamburg; "Fünf Briefe über die "Fluss-Schifffahrt " u. s. w., Leipzig, 1858; new

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editions of Wheaton's "Elements of International "Law," by Mr. Lawrence and Mr. Dana, with ample notes; a new edition by M. Demangeat of the "Droit "international privé," by M. Fælix; Mancini, "Della "Nazionalità," Torino, 1851; "The Law of Nations," by Dr. Twiss, 1863; an "Historical Account of the "Neutrality of Great Britain during the American "Cvil War," by M. Bernard, Chichele Professor of International Law at Oxford, 1870, a work worthy of its very learned and accomplished author,-must be hailed as accessions to the library of the International Jurist.

DEDICATION OF FIRST EDITION.

ΤΟ

CHARLES JOHN VISCOUNT CANNING

IN AFFECTIONATE

ACKNOWLEDGMENT OF HIS LONG FRIENDSHIP,

AND IN SINCERE VENERATION FOR THE ILLUSTRIOUS NAME

WHICH HE WORTHILY BEARS,

THESE PAGES ARE INSCRIBED.

THE NECESSITY of mutual intercourse is laid in the nature of States, as it is of Individuals, by God, who willed the State and created the Individual. The intercourse of Nations, therefore, gives rise to International Rights and Duties, and these require an International Law for their regulation and their enforcement.

That law is not enacted by the will of any common Superior upon earth, but it is enacted by the will of God; and it is expressed in the consent, tacit or declared, of Independent Nations (a).

The law which governs the external affairs equally with that which governs the internal affairs of States, receives accession from custom and usage, binding the subjects of them as to things which, previous to the introduction of such custom and usage, might have been in their nature indifferent (b).

Custom and usage, moreover, outwardly express

(a) Grot. Proleg. ss. 19-25. "Omni autem in re consensio omnium gentium lex naturæ putanda est:" Cic. Tusc. i. 13.

(b) "Omne jus aut necessitas fecit, aut consensus constituit, aut formavit consuetudo."-Dig. de Leg. 40.