28 637

Carrying Hostile Persons and 235 680

Notifications

of Blockades,

Papers. The early English

Warnings, &c.

Decisions as to engaging in 239 687 Municipal Surveillance, as dis

the Enemy's Service, carry

ing Despatches, &c.

The 240 688

Results of the English Cases. 242 692
The Case of the Trent.

European Writers on the

tinguished from Blockade.
The Case of the Cagliari.
Convoy. Right of Search of
Convoyed Vessel.
Convoy.

Neutral

Trent Case. Political His- 243 698 Neutral Goods in armed Enetory of the Trent Case.

my Merchantmen.

Right of a Belligerent to take 245 708 Neutrals under Enemy Con

Hostile Military Persons from

voy.

a Neutral Vessel.
Vessels and Mail-bags.

Postal 246 710
250 714

Declarations of War.

20 663 Penalty for carrying Contra

band.

The Treaty-making Power under the United States Constitution.

21 667 Continuous Voyages. In Cases 258 722 Treaties of Peace.

of Blockade, Contraband,

ELEMENTS OF INTERNATIONAL LAW.

1

PART FIRST.

DEFINITION, SOURCES, AND SUBJECTS OF INTER

NATIONAL LAW.

CHAPTER I.

DEFINITION AND SOURCES OF INTERNATIONAL LAW.

Origin of Internation

§ 1. THERE is no legislative or judicial authority, recognized by all nations, which determines the law that al Law. regulates the reciprocal relations of States. The origin of this law must be sought in the principles of justice, applicable to those relations. While in every civil society or State there is always a legislative power which establishes, by express declaration, the civil law of that State, and a judicial power, which interprets that law, and applies it to individual cases, in the great society of nations there is no legislative power, and consequently there are no express laws, except those which result from the conventions which States may make with one another. As nations acknowledge no superior, as they have not organized any common paramount authority, for the purpose of establishing by an express declaration their international law, and as they have not constituted any sort of Amphictyonic magistracy to interpret and apply that law, it is impossible that there should be a code of international law illustrated by judicial interpretations.

The inquiry must then be, what are the principles of justice which ought to regulate the mutual relations of nations, that is to say, from what authority is international law derived.

When the question is thus stated, every publicist will decide it according to his own views, and hence the fundamental differences which we remark in their writings.