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only by moral sanctions : by fear on the part of nations, or by fear on the part of sovereigns, of provoking general hoslility and incurring its probable evils, in case they should violate maxims generally received and respected.”a Yet experience shows that these motives, even in the worst tiines, do really afford a considerable security for the obser. vance of those rules of justice between states which are dictated by international morality, although they are deficient in that more perfect sanction annexed by the lawgiver to the observance of a positive code proceeding from the command of a superiour. The history of the progress of the science of international jurisprudence cannot, therefore, fail to be of the highest interest, when connected with the history of the variations in that more positive system resulting from special compacts, by which the general rules founded on reason and usage have been modified and adapted to the various exigencies of human society. The author has endeavored to trace the progress of both these systems, as marked in the writings of public jurists, in judicial decisions, in the history of wars and negotiations, in the debates of legislative assemblies, and in the text of treaties, from the earliest times of classic antiquity to the most recent public transactions between the states of Europe and of America. He believes that the general result will show a considerable advance, both in the theory of international morality, and in the practical observance of the rules of justice among states, although this advance may not entirely correspond with the rapid progress of civilization in other respects. The work is now submitted by the author 10 the judgment of his own country, as a contribu. tion to the history of this branch of science, in the hope that it may be of some use in guiding the inquiries of others in a field of knowledge so important to the jurist, the states. man, and the philanthropist.

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Austin, Province of Jurisprudence determined, pp. 147-148.

Berlin, Nov. 1843.

HISTORY OF THE LAW OF NATIONS IN EUROPE FROM THE PEACE OF WEST-

PHALIA, 1648, TO TAE PEACE OF UTRECHT, 1713.

Peace of Westphalia . . . . . . . . . 69

Constitution of the Germanic Empire . . . . . . 72

Sec. 1. First Period from the Peace of Westphalia to that of Utrecht 78

Sec. 2. Principle of Intervention to maintain the balance of power

Opinion of Fenelon . . . . . . . . 85

Spanish Succession War, 1701-1713 . . . . 84

Sec. 3. Peace of Utrecht, 1713 . . . . . . . 86

Sec. 4. Public jurists of the latter half of the seventeenth century 88

Sec. 5 Puffendorf . . . . . . . . . . 88

Hobbes . . . . . . . . . . 92

Sec. 6. Leibnitz ..

Sec. 7. Spinosa . . . . . . . . . 100

Sec. 8. Zouch . . . . . . . . . 100

Sec. 9. Sir Leoline Jenkins

Sec. 10. Selden .

. . . . . . . 103

Sec. 11. Samuel Rachel . . . . . . . 104

Sec. 12. Maritime law of nations . .

106

Marine ordinance of Louis XIV, 1681 . . . . 107

Sec. 13. Theory of prize ordinances . . . . . 108

Sec. 14. Conventional maritime law of nations . . . . 115

Relaxation of the primitive law by the capitulation of the

Sublime Porte with Henry IV of France, 1604. 119

Treaty of the Pyrenées, 1659 . . . . . 120

Treaties between Great Britain and other Powers, conced.

ing the principle of free ships, free goods . . 121

Treaties between Holland and other Powers. . . 122

Treaties between France and other Powers . . 124

Treaties of the Baltic Powers between themselves and others 124

Treaties of commerce at Utrecht, 1713 . . . 125

Sec. 15. Contraband of war . . . . . . . 126

Change in the law of convention and usage by which naval

stores become contraband at the beginning of the eigh-

teenth century . . . . . . 126

Laws of contraband according to Grotius , . . 127

Opinion of Bynkershook . . . . . . 129

of Heinnecius . . . . . . 130

of Zouch . . . . . . . . 130

of Sir William Scott . . . . 131

Right of preemption

. .

. .

133

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