had produced a comparatively complete, exact, and in general, well-founded system of natural international law. And Vattel had corrected some of the errors, and popularized the whole of that system. We say natural, or as it is sometimes denominated, necessary international law. For, where the terms nature, or natural, coupled with the term, law, are employed to represent, not an imaginary or fictitious state of nature, antecedent to the establishment of civil society, which never had any real existence, but the actual state, or condition of mankind, as found, by experience, to be congregated into communities or states, in their internal, or external relations to each other—as resulting from the principles of the human constitution, and from the circumstances, in which men have been placed by their Creator on the surface of this globe-independently of any positive act, or arrangement on their part-these terms have a distinct and definite meaning; and may, with propriety, be applied to law; as distinguishing law, antecedent to, or independent of, human enactment, or regulation, from what is usually denominated positive law.

During the preceding period, we also found, that, as Leibnitz had originally suggested the idea of collecting the scattered records of the treaties among, and of the other state documents of, the different European nations, Moser improved upon this suggestion; and observing the great increase in those scattered records of treaties and other state documents, which had resulted, from the more intimate connexion, and more frequent intercourse with each other of the European nations, from the causes we formerly pointed out,

conceived, and so far executed the design, of not only collecting, but arranging in a scientific form, the contents of these treaties and other documents.

In this way, Wolff and Moser not merely restored the science of international law, but, as it were, created it of new. They cultivated it in different ways; and gave it a twofold form, deviating a good deal from each other; but still giving it a definite regular shape. In short, Wolff constructed a complete edifice, a scientific system of the natural law of nations. Moser undertook the cultivation of the positive law of nations; and out of it constructed a science, which had been hitherto unknown.

Now, as the immediately preceding period from 1740 to 1785, was distinguished by the twofold, but separate cultivation of the law of nations as natural, and as positive, the period we are now contemplating, from 1785 to 1840, is distinguished by the still more successful cultivation of these two branches; but combined and united, so as to form one whole; just as the common, or consuetudinary law, or jurisprudence, and the statutory law, or legislative enactments respecting individuals, when united, form the whole of the internal private law of a nation.

Of introducing this more complete view of the law of nations as a science, the merit appears to belong to Baron von Ompteda, in his very learned, scientific, and highly valuable work, published in 1785 and entitled Literatur des Gesammten sowohl Natur lichen als Positiven Völkerrecht.

Of his introduction, the first section is upon the

literature of the law of nations in general, its sphere or range, and different parts; and the second, on the works which treat of that literature.

The first part of the work itself is a history of the science of the law of nations, in ancient and in modern times; and the information and criticism contained in this part, appeared to us so valuable, that we have thought it would not be unacceptable to that portion of the public, who take an interest in such matters, to exhibit in the course of the preceding observations, a sort of abridgment of it, in an English dress.

The second part contains the bibliography of the law of nations, a Catalogue Raisonnée, a scientifically arranged account of the various works on the law of nations, interspersed with biographical notices of the authors; and this part has since been added to, and continued by von Kamptz, in his work published in 1817, entitled Neue Literatur des Völkerrecht seit dem Jahre 1784, als Ergänzung und Fortsetzung des Werke des Gesandten von Ompteda.

To the two parts of his work just mentioned, von Ompteda has prefixed a short treatise on the notion, limits, and different parts of the united law of nations, positive as well as natural, with an annexed projet of a complete system of that law. And the views taken by the author in this short treatise, as well as in his history, display great acuteness, and are equally enlarged and profound.

Contemporary with von Ompteda, was the very learned and indefatigable G. F. von Martens; who, though perhaps less acute and profound than von Ompteda, contributed still more to the advancement of inter

national law, in point of extent of writing, and in the collection of treaties and other valuable materials.

In

1784, he published Prima Linea Juris Gentium Europæarum Practici, and this work he re-published in a more perfect form, in 1789 and 1801, under the title of Precis du Droit des Gens Moderne de l' Europe, fondé sur les Traités, et l'Usage. In 1791, he commenced and continued at intervals, his Récueil des Principaux Traités conclus par les Puissances de l'Europe depuis 1761, jusqu'à present; and since his death, this collection has been continued in a long series of vols. 8vo., down to the present time. In 1801, he published also a Cours Diplomatique ou Tableau des Relations Exterieures des Puissances de l'Europe, including the Guide Diplomatique, and the Tableau Diplomatique. In 1802, he published Erzählungen Merhwürdigen Falle des neueren Europäischen Völkerrechts; and the substance of this work, enlarged and improved, has recently appeared in a French dress, published at Leipsic and Paris, in 1827, under the title of Causes Célébres du Droit des Gens, dedicated to the Russian Emperor, Nicholas. In 1807, he published Grundriss einer Diplomatischen Geschichte, Staatshandel und Friedenschlüsse, seit dem ende des Fünfzehnten Jahrhunderts, biz zum Frieden von Amiens ; "projet of a Diplomatic History of European State affairs, and Treaties of Peace, from the end of the 15th century, to the peace of Amiens. Finally, subsequent to the works of Schmalz, Klüber, and Schmelzing, to be afterwards noticed, von Martens lived to publish in the year 1821, a third and greatly enlarged and im

proved edition of his Précis du Droit des Gens Moderne de l'Europe; and this edition is valuable, as elucidating the continued progress of the law, down to the state of comparative peace, which has happily succeeded the frustration of the attempt of Napoleon, at universal European empire.

As already observed, the most recent period we are now considering, has been distinguished by the combination and united cultivation of natural and of positive or practical international law. But although happily united, these two branches of international law have, during this period, been cultivated; the one, in a much greater degree, than the other. Wolff, and his follower, and populariser, Vattel, had during the immediately preceding period, in a manner, and to a certain extent, exhausted the subject of natural international law, not like many other Jurists, by a priori assumptions, discussions and deductions, nor by the quasi mathematical demonstrations of the former, which the latter wisely laid aside; but by patient observation of the legal, or juridical relations among nations, arising from their actual situation as such, on the face of this globe, or from their gradually extended intercourse; and by an analysis of these relations, and deductions from them, of general rules or principles, embracing classes of particulars. What chiefly remained to be done, was to combine these principles with the results of established usage, and conventional treaties.

Still, however, certain German philosophers, not satisfied with the deductions or conclusions of Wolff and Vattel, appear to have desired to trace the rules of