of sovereign states, for the guidance of international conduct. Thus contemplated, it embraces not only such rules as are dictated by the general principles of natural law applied to nations, considered as individuals in a state of nature; but also such voluntary, customary, and conventional obligations, as are consistent with this law of nature, though not prescribed by it. Hence the code of national jurisprudence is susceptible of four great divisions.

1. The implied, universal, or natural Law of Nations. 2. The voluntary Law of Nations.

3. The customary Law of Nations, and

4. The conventional, express, or particular Law of Nations. In the first are comprehended the principles of natural law, applied to nations as if they were individuals in a state of nature. The second embraces the decisions or rules of natural jurisprudence, changed and modified in reference to the aggregate and political character of the subject to which they are applied.

In the third division we find such laws or rules, as derive their obligation from long and established use. It is founded on tacit consent. The fourth and last division includes the laws or obligations which flow from express agreement. Like the third it is not a universal law, but obliges only the particular nations that have contracted. "These three last kinds of the law of nations,' says Vattel, 'viz. the voluntary, conventional, and customary, together compose the Positive law of nations. For they all proceed from the volition of nations; the voluntary law, from their presumed consent; the conventional law, from an express consent; and the customary law, from a tacit consent; all of which should be carefully distinguished from the natural or necessary law of nations.'

Notwithstanding the great number of treatises on the laws of nations, it has been very justly observed by Chancellor Kent, that 'there is no work which combines, in just proportions, and with entire satisfaction, an accurate and comprehensive view of the necessary and of the instituted law of nations, and in which principles are sufficiently supported by argument, authority, and examples.'* The nine lectures of this enlightened jurist, which occupy the first two hundred pages of the first volume of his Commentaries, present one of the most beautiful, learned and valuable outlines to be found, perhaps, in any language, on this interesting subject. It scarce fell, however, within the scope of the learned author's design, and properly we think, even to touch upon the internal, or necessary natural law of nations; for this is little else than natural law, as we find it applied to individual conduct, in the various treatises on that subject, and on ethics. The pages of Puffendorf, and of Wolf, or at least those of Rutherforth and of Burlamaqui, are presumed to be familiar to the student, before he takes up the works which treat of the law of nations.

In addition to the works enumerated in our syllabus, or alluded to in the subsequent notes, the student, in after life, may have occasion to consult, at least in the way of reference, a variety of treatises, &c. on public and international law. We have given the titles of the principal works under this head, near the close of the present title; and also under the We have been the more

head of Legal Bibliography, q. v. ample in our enumeration of the titles of books, in most of the departments of our science, as the researches of the learned, as well as of students, are sometimes retarded from a want of even this species of acquaintance with books.

* 1 Kent's Comm. 18, 2d edition.

(Note 2.) CHITTY'S LAW OF NATIONS.-This small volume forms a very proper commencement of the study of the voluntary, customary, and conventional Law of Nations, after the introductory lecture of the late sir James Mackintosh. It was published in London, 1812, and in a few months after, in Boston. Mr. Chitty has shown in this essay the versatility of his powers, and the ease with which he passes from a consideration of one legal subject to another. There is no depth of learning, but great clearness in the arrangement of his topics, and concinnity of style and thought.

(Note 3.)

MARTENS' COMPENDIUM, &c.-This small volume contains a great mass of learning on that practical and most important branch of the law of European nations, which is founded on treaties and customs, and which has been denominated by Vattel and others, the Positive law of nations. It is among the most valuable of the productions of this distinguished professor of public law, and for learning, systematic arrangement, and accuracy of definition, is a work of singular excellence. Appended is a list of treaties, conventions, compacts, declarations, &c. of the modern nations of Europe, from the year 1731 to 1802, with references to the principal works in which they are to be found. This, to use the language of the translator, 'is perhaps the most ample, the most accurate, and of course the most useful list of treaties, &c. that is to be met with in any work whatever.' It was published at Göttingen in 1789, and was translated into English by William Cobbett, in the year 1802. George Frederick Von Martens was also the author of a valuable collection of Treaties of Peace and of Alliance, in fourteen volumes, and of another work entitled, a Course of Diplomacy, in three volumes. At the congress of Vienna he prepared the Reports of the conferences between the ministers; and was subsequent

ly sent as minister from Hanover to the diet at Frankfort, where he died. He was born at Hamburg, 22nd February, 1756, and died in 1816.

(Note 4.) VATTEL ON THE LAW OF NATURE, &c. This has been, in most countries, a very popular work on the law of nations. Notwithstanding many novel and untenable positions of the new philosophy are to be found in it, and its opinions on the subject of religion and religious establishments, are to be unhesitatingly condemned as unorthodox, we still perceive so much merit in the production at large, that we do not hesitate to advise its perusal. Vattel is generally a perspicuous and elegant writer; and this work contains so much useful matter, and is so universally read, that to be unacquainted with it would indicate either a want of industry, or an unwarrantable fastidiousness of opinion. In the treatment of his subjects, however, his fullness sometimes degenerates into diffusion; and his reader has arrived at the conclusion, long before his author is willing to part with his demonstration.

The preface to this work deserves particular attention, as presenting a clearer idea or definition of the law of nations than had before been given. [Vide (note 1) on this title.] Vattel's chapter on 'things odious and favourable,' a topic connected with the interpretation of laws and contracts, is so far from worthy of that ingenious author, as to have filled us with surprise, that so much contradiction, and even absurdity, should have fallen from his pen.

The work was published in 1758, under the title of Droit des Gens, ou Principes de la Loi Naturelle, and was translated into English in 1760. The last Paris edition is by Janet and Cotille, 1820. His system is mainly founded on that of Wolf, whose Institutiones juris naturæ et gentium appeared in 1754.

He differed, however, in various points, from his master, which induced him to publish in 1762, his Questions sur le Droit naturel, in which his peculiar views are set forth. The student will bear in mind that there is a greatly improved London edition, 1833, by Mr. Chitty, with copious notes, and which has been recently republished. Philadelphia, 1835. Emer de Wattel or Vattel, was born at Naufchâtel in April, 1714, and died in December, 1767.

(Note 5.) Du PONCEAU'S BYNKERSHOEK.-This valuable accession to our English law library was published in 1811, in an octavo volume of two hundred and eighteen pages. It is also to be found in the third volume of Hall's Law Journal. Cornelius Van Bynkershoek was a civilian of the most distinguished eminence. After practising with honour as a jurisconsult at the Hague, he removed to Leyden, where he became professor of law, and subsequently, president of the council of Holland. His works were published at Geneva in 1761-at Leyden, in 1752 and 1766. For a list of his works contained in seven volumes, vide post, Title X. Bynkershoek was born at Middleburg in 1675, and died in 1743.

LIST OF WORKS FOR OCCASIONAL REFERENCE ON PUBLIC AND INTERNATIONAL LAW.

[For the bibliography of various cognate subjects, and for similar lists of works for occasional reference, vide, in this Course, Auxiliary Subjects, Division III. Sec. 'Bibliography'-also, Title VI. 'Lex Mercatoria.' Title IX. 'Admiralty and Maritime Law, and ante p. 338 to 342.']

1. Archives politiques et diplomatiques, ou recueil de pièces officielles, mémoires et autres morceaux historiques, inédits ou peu connus, relatifs à l'histoire des 18 e et 19 e Siècles, par F.Schoell. Paris, 1819, 3 vols.

2. Burke's Works, passim.