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History of the Law of Nations. 1845. Wildman, Richard. Institutes of International Law. I vol. 1849. Winthrop, William. Digest of Decisions of the Judge-Advocate-Gen eral, U. S. Army. I vol. 1895. Woolsey, Theodore D. International Law. 4th edition. New York, 1889. THE ELEMENTS OF INTERNATIONAL LAW CHAPTER I DEFINITION AND HISTORY Law in General; Classification. In its most general acceptation, the term "law" is applied to the rule or principle which underlies or controls a sequence of events. Used in this wide sense, however, the definition is too broad, since the term is made to include the rules which control the forces of nature in their operations, as well as those which regulate the conduct of men in the organized societies, or bodies politic, which we call "states," and it is upon this distinction that the first classification is based. To the rules, therefore, which control the material phenomena of nature, we give the name of "physical" or "natural" laws; to those, on the other hand, which govern the conduct of men in organized societies we give the name of "political laws." Political laws are also subject to classification according to their source, their authority or scope, and the parties subject to their operation; those which control the relations of citizens to the state and to each other are called "national" or "municipal" laws; while those which regulate the intercourse of sovereign states with each other are known as "international" laws. The parties to the former are the citizens or subjects of a particular state; the parties to the latter are sovereign states.' Municipal Law. Municipal law may therefore be defined as comprising those rules of human conduct which are established or sanctioned by a state, in virtue of its sovereign authority, for the guidance and direction of its citizens or subjects. The municipal law of a state applies, as will subsequently appear, not only to citizens, properly so called, but to all persons, whatever their nationality, who come within its territorial limits as travellers or sojourners. As such persons are protected by the local municipal law, it is their duty to conform to its requirements during the period of their residence within its borders." International Law. International law, or, as it is sometimes called, the "law of nations," may therefore be defined as that body of rules and limitations which the sovereign states of the civilized world agree to observe in their intercourse and relations with each other.' The agreement or consent, which 1 Pomeroy, Int. Law, §§ 47-50; Lawrence, Int. Law, §§ 42-55. "The municipal law of many, if not most, states is not restricted within the narrow limits prescribed in the foregoing definition, since it includes, in addition to the statutes, or other enactments of its lawmaking power, a large body of unwritten, but none the less binding, provisions, derived, in part from customs and usages rigidly adhered to for long periods of time, and, in part, also, from maxims, presumptions, judicial decisions, and other authoritative sources, which, by long continued acquiescence and observance, have acquired the force and sanction of written laws. To this class belong the common law of England and the United States, the sea laws of the Middle Ages, the admiralty law of the civilized world, and the usages of business which are recognized by the juris prudence of the states of Christendom. 3 The term "international law," first brought into general use by the English publicist Bentham, seems to have replaced the older expressions "law of nations," "jus intergentes," "laws of war and peace" and the like, which were used by the earlier writers in their treatises on the subject. The definitions of the term indicate, on the whole, a substantial agreement among authors as to the nature of international law and the field of its application. Grotius gives the following explanation of the term: "As the laws of each state respect the benefit of that state; so among all or most states there might be, and in fact are, some laws agreed on by common consent, which respect the advantage, not of one body in particular, but of all in general.' And this is what is called the "law of nations," when used in |