national law, and without doubt his works, with their deep and far-reaching effect, deserve to be mentioned among the primary sources of modern international law.

"With Grotius," says Woolsey, "a new era begins. His great work was practical, not scientific; it was to bring the practice of nations, especially in war, into conformity with justice. He held firmly to a system of natural justice between states without, however, very accurately defining it. To positive law, also, originated by states, he conceded an obligatory force, unless it contravened this justice of nature. In setting forth his views he adduces in rich abundance the opinions of the ancients and illustrations from Greek and Roman history. The nobleness of his mind and i's claim to respect as the father of the science have given to his treatise, 'De Jure Belli ac Pacis,' an enduring influence." 1

Another important source of international law is found in (c) International treaties and agreements.

These treaties are the result of long negotiations, but more especially are derived from various international conferences officially assembled and whose product becomes universally adhered to and put in practice. It is not essential that all civilized states should be represented in such conferences or congresses, but it is necessary that they should adhere to the results either by act or in principles. The principles of such treaties as the treaty of Westphalia, the congress of Vienna, and the treaty of Paris in 1856, and some of the conventions of The Hague conferences, are examples of this nature. A fourth source is

(d) Treaties between states.

These may be between two or more states or between a considerable number of states, with the purpose of declaring existing laws or recommending the establishment of newly defined usages or principles. These treaties, without creating rules of international law, are early steps taken for their sanc1 Woolsey, 6th ed., "Int. Law," pp. 29, 30.

tion and toward their general adoption. Among treaties of this nature can be mentioned the Treaty of Washington of 1871, with its three rules as to neutral states which have since been so much further extended in authority by their practical acceptance in the conventions of The Hague conferences. Next can be named the

(e) Decisions of arbitral and judicial tribunals.

Among these tribunals can be named courts of arbitration, mixed tribunals, international commissions of inquiry, and national prize-courts, especially those of last appeal. Particular decisions of this class can be found in those of the United States Supreme Court in prize cases, the decisions of Lord Stowell and other famous jurists in English prize cases, in that of the Geneva arbitration which settled the Alabama claims in 1872, the finding of the North Sea commission of inquiry of 1906 which settled the Dogger Bank affair, and the decisions of The Hague tribunals in such questions as those of the Newfoundland fisheries, etc.

The decisions of national prize-courts, although of value, as Dana shows, because they exhibit the judicial manner of settlement after full argument in open court, on both sides of the question, are after all unilateral and national. In speaking of these Chief Justice Marshall, in the case of the Thirty Hogsheads of Sugar v. Boyd, says: "The decisions of the courts of every country show how the law of nations, in the given case, is understood in that country, and will be considered in adopting the rule which is to prevail in this."1

We come next to the sixth of the sources which consists of the (f) Agreements and rules formulated by various official and unofficial international bodies of accepted standing.

These agreements and rules can remain simply as expression of what international law should be in the opinion of men learned in the law, or, if they are properly assembled, they can present protocols, declarations, or conventions which, adopted and

1 Moore's "Digest," vol. I, p. 2.

signed by duly accredited delegates, can be made, after ratification, international agreements which by sufficient adherence may finally be accepted as international law.

These international bodies range in standing from the Geneva conference of 1868, the Brussels conference of 1874, the conventions of The Hague of 1899 and 1907, and the London naval conference of 1909 to such learned associations as the Institute of International Law.

Next come

(g) Unilateral acts, decrees, codes, and instructions issued by a state for the guidance of its representatives, which can be considered as among the sources of modern international law. The following are enumerated by Hershey as "famous examples": the French marine ordinance of 1681; the British admiralty manuals and the American naval war code of 1900 (withdrawn in 1904); the instructions for the government of the armies of the United States in the field, issued during our Civil War; the United States neutrality laws of 1794 and 1818; the British foreign enlistment acts of 1819 and 1870; and the various proclamations and declarations of neutrality issued at the outbreak of late important wars.1

(h) Opinions of statesmen and official legal counsel.

These are expressed and found in state papers and duly published official legal opinions, and are of importance as evidences of what, in the opinion of well-versed and responsible officials, is or should be considered as international law. Such state papers written upon controversial subjects of state policy from the pens of distinguished men are naturally of great ability and consequence.

(i) The writings of modern jurists and historians.

"Wheaton places among the principal sources of international law text-books of authority, showing what is the approved usage of nations, or the general opinion respecting their mutual conduct, with the definitions and modifications introduced by

1 Hershey's "Essentials," pp. 22, 23.

general consent.' As to them, he forcibly observes: 'Without wishing to exaggerate the importance of these writers or to substitute in any case their authority for the principles of reason, it may be affirmed that they are generally impartial in their judgment.' They are witness of the sentiments and usages of civilized nations, and the weight of their testimony increases every time that their authority is invoked by statesmen and every year that passes without the rules laid down in their works being impugned by the avowal of contrary principles." 1 As to the importance of the history of international law as well as of general history in connection with its study and its development as a science, I can do no better than to quote what the elder Woolsey has said upon the subject. He says that:

"In every branch of knowledge the history of the branch is an important auxiliary to its scientific treatment. From the changes and improvements in the law of nations it is evident that the history of this science-both the history of opinion and practice is deserving of especial attention. It is a leading chapter in the history of civilization. It furnishes valuable hints for the future. Notwithstanding its dark passages, it is calculated to animate the friends of justice and humanity. It explains the present state of the science and indicates the obstacles which have retarded its advance. . . . History tells of crimes against the law of nations, as well as of its construction and its observance, of old usages or principles given up and new ones adopted. There is no value in the mere historical facts, apart from reasons or pretexts for them, and from their bearings on the spread of justice and the sense of human brotherhood in the world.” 2

The value of the history of the development of international law and the consequent deduction of "the moral for the future

1 Wheaton, 8th ed., par. 15, as quoted by Justice Gray in case of Paquete Habana.

2 Woolsey, "Int. Law," 6th ed., pp. 31, 32.

out of the events of the past" has caused of late increased studies of the past. This has been aided by discoveries of early records and a resultant intelligent deciphering of these discoveries. The student of international law has now at his service excellent histories of international law and diplomacy in English, French, and German.

Among these general and special histories I may mention, in English, Ward's "Enquiry into the Foundation and History of the Law of Nations," published in 1795; "The Rise and Growth of the Law of Nations," by Hosack, first published in 1848; Henry Wheaton's "History of the Law of Nations from the Earliest Times to the Treaty of Washington of 1842," published both in English and French; Walker's "History of the Law of Nations," published in 1899; D. J. Hill's "History of Diplomacy in the International Development of Europe," the first volume of which was published in 1905; and Phillipson's "International Law and Custom in Ancient Greece and Rome," published in 1910.

In French there is to be found the monumental work of Laurent, in fourteen volumes, "L'Histoire des Droits des Gens," etc., the second edition of which was published from 1861 to 1868; Ortolan wrote upon the subject of the Roman law, the last edition (Culver) of which was published in 1896; the two valuable works of Nys are "Le Droit de la guerre et les précurseurs de Grotius," published in 1882, and "Les origines de Droit International," published in 1894.

In German there are to be found upon this subject the works of Müller-Jochmus of 1848, those of Cybichowski of 1907, and that of Strupp, published in 1911.

14. The Early History of the Intercourse of Nations.-It has been stated in the first portion of this chapter that the conditions of the peoples of antiquity and of the Middle Ages were such that modern international law as now established could not have existed. It was explained, however, that international intercourse did exist under certain rules and usages, and