1. the laws of any nation are the rules by which it is governed, a violation of which renders the offender liable to the infliction of certain penalties. these laws, in many nations, are carefully and systematically arranged in the beginning, as in the united states; in others, as in england, they are gradually produced, the course taken in dealing with the first of a class of similar cases furnishing a precedent that is equal in force to a general law.
2. from very early times the different nations who had[592] intercourse with each other began to follow certain rules, which commonly originated in the mode last mentioned above; and many of them became generally recognized as the proper guide in international intercourse. these customs came, at length, to be called the law of nations. writers of eminence carefully investigated them, and studied the principles on which they were founded. these writers are held to be authorities as to this law, and the principles they have laid down are generally acknowledged, by civilized nations in modern times, as the standard of international law.
3. there is no possibility, in the present state of the world, of organizing a tribunal with authority to impose penalties for violations of this law by individual nations; though it is to be hoped that may some time be the case. the only representative of such a tribunal is the general opinion of the civilized world; and nations must, themselves, act as supreme judges and executors of the law as it applies (or as they choose to hold it as applying) to their disputes. when they cannot come to an agreement with their adversaries, they commonly declare war, and endeavor to right themselves by force.
4. this is not, by any means, an equitable or satisfactory way of avenging wrongs. the aggressor may be the strongest; and the offense, in that case, will be greatly increased. it causes the penalty, in any case, to fall very heavily on many innocent heads, and produces lamentable and wide-spread desolation. yet it is sometimes better than tame submission; and the right to make war when grievous wrong has been suffered, or indignity offered to the national honor, is recognized by the law of nations; and certain rules are applied by it as a guide in honorable warfare. there is nothing but self-respect, and respect for the opinions of the civilized world, to keep belligerent nations within the limits of these rules. they are, however, continually becoming better defined, and public opinion has more and more weight in each succeeding generation.
5. some of the more important features of international law (or the law of nations) are, that every nation has the right[593] to regulate her own internal affairs without interference from others, unless some of these regulations may seriously affect the interests of a foreign power; that national boundaries are to be respected; that bodies of water lying within a national territory, and the seacoast for three miles from the shore, are under its exclusive jurisdiction; and that a nation may take measures to protect its own citizens who may be traveling or doing business in other countries, unless they violate its laws; and then it may first examine the case before the accused is given up for trial and punishment to a foreign court. there are many other rules. these will serve as examples.
6. one class of these laws requires special mention, because they are often more carefully defined than most other international customs. these are neutrality laws. those now in force in the united states were enacted in 1818. they are only a formal recognition by our highest legislative authority—congress—of the law of nations as generally accepted by other governments. the leading regulations are, that our citizens shall not interfere, but at their own risk and peril, in contests between other nations; that no armament shall be fitted out in our territory for the purpose of making war on any power with which we are at peace; and making it unlawful for an american vessel to carry “contraband of war” (or war material) to either of two warring nations. it forbids granting to one nation rights not allowed to the other with which it is at war. neutrality laws are designed to avoid causes of unfriendly feeling, and to prevent the improper interference of our citizens in the quarrels of other nations.
7. our government believed itself wronged in the course of the recent civil war by england. it claimed that the english government had not been at proper pains to preserve a neutral attitude; and complaint being made, the two governments agreed to appoint a commission to examine and arbitrate the case—the decision, whatever it might be, to be accepted by both parties. this was done, at geneva, in switzerland; and probably prevented a war between the two countries. it[594] is to be hoped that all national disputes may hereafter be settled in this reasonable and christian way.
8. treaties are international laws binding on the two or more parties making the contract; and our foreign representatives (as ambassadors, ministers resident, etc.) deal with international law as arranged by treaties and the laws of nations.
