PREFACE. HIS volume, comprising the subject-matter of courses of delivered the last tw years, may be regarded as an attempt to define in brief fashion the rightful position in the field of Law of the rules which regulate international dealings, and to demonstrate International Law, the collected body of those rules, to be something more than a haphazard compilation of disconnected case-law, to be, in fact, capable of simple and scientific appreciation. In the first of these objects, in asserting against John Austin and his school of analysts a right in those rules at once logical and practical to the title of "Law," I trust I may be thought to have in some measure succeeded. In the more constructive portion of my task I could hardly hope to do other than fail. For the proof of the possibility of recognising the existence of a living science of International Law based upon the actual facts of progressive politics could only be satisfactorily set out by induction founded upon a complete review of the history of international relations in times past; and to the possession of the necessary encyclopaedic equipment I can advance not the shadow of a pretence. I merely state that, whilst referring continually to such well-known writings and text-books as came to my hand, I have preferred to seek out, so far as possible, firsthand authorities in Treaties, Memoirs and official and private Correspondence, and have tried to sift truth from falsehood unbiassed by the prejudices of national feeling. My obligations to various recent writers, to the late lamente Sir Henry Sumner Maine, to the present distinguished Cam bridge Regius Professor of Civil Law, to Professor Holland, t the Rev. T. J. Lawrence, and to many others, are as great a they are obvious. It will be matter of life-long satisfaction to me that I wa permitted to attend the only course of lectures which Sir Henr Sumner Maine, facile princeps amongst modern English jurist was fated to deliver as Whewell Professor of International Lav Encouraged by a remark which fell from him in the course one of those lectures, I ventured to submit to him the idea ou of which the present work grew, and to his countenance ma be largely referred the appearance of this treatise. T. A. WALKER. PETERHOUSE, CAMBRIDGE. LIST OF BOOKS AND EDITIONS REFERRED TO OR CONSULTED. Alison, Sir Archibald, History of Europe from the Commencement of the French Revolution to the Restoration of the Bourbons in 1815. Blackwood, 1849. History of Europe from the Fall of Napoleon in 1815 to the Accession of Louis Napoleon in 1852. Blackwood, 1856. Arlington, The Earl of, Letters to Sir W. Temple. Lond. 1701. Austin, John, The Province of Jurisprudence Determined. 2nd Ed. Murray, 1861. Lectures on Jurisprudence. 2 vols. 4th Ed. Murray, 1879. Azuni, D. A., Sistema del Diritto Maritimmo dell' Europa. 2 vols. 2nd Ed. Trieste, 1795-6. Baedae Historia Ecclesiastica Gentis Anglorum. Cura H. Hussey. Oxon. 1846. Barrow, Sir J., Life of Richard, Earl Howe. Murray, 1838. Bayard, The Good Chevalier sans Peur et sans Reproche, History of. Compiled by the Loyal Serviteur. Chapman and Hall, 1883. Bentham, J., Fragment on Government. 2nd Ed. Lond. 1823. Bernard, Montague, A Historical Account of the Neutrality of Great Britain during the American Civil War. Longmans, 1870. Berwick, Memoirs of the Marshal Duke of. Written by Himself. 2 vols. Lond. 1779. Blackstone, Sir W., Commentaries on the Laws of England. Ed. Christian. 15th Ed. 1809. Bluntschli, M., Le Droit International Codifié. 3rd Ed. Paris, 1881. Boroughs, Sir John, The Soveraignty of the British Seas. Lond. 1651. Brenton, E. P., Life and Correspondence of John, Earl of St Vincent. 2 vols. Lond. 1838. Brown, John, of Great Yarmouth, The Mysteries of Neutralization. Lond. 1806. Browning, Oscar, England and Napoleon in 1803. Longmans, 1887. Busbequii, A. Gislenii, Omnia quae exstant. Elzevir, 1633. Burnet, History of His Own Time. 2 vols. Lond. 1724-34. Cabala sive Scrinia Sacra (with Supplement Scrinia Sacra; Secrets of Empire). Lond. 1654. Castelnau, Michael de, Memoirs of the Reigns of Francis II. and Charles IX. Lond. 1724. Chalmers, George, A Collection of Treaties between Great Britain and Other Powers. 2 vols. Lond. 1790. Clark, E. C., Practical Jurisprudence. Camb. Univ. Press, 1883. Clarke, Sir E., A Treatise upon the Law of Extradition. 2nd Ed. Stevens, 1875. Coke, Sir E., Commentary upon Littleton. With Notes by Hargrave and Butler. 2 vols. 18th Ed. Lond. 1823. Colchester, The Diary and Correspondence of Charles Abbot, Lord. 3 vols. John Murray, 1861. Combermere, Memoirs and Correspondence of Field Marshal Viscount. 2 vols. Lond. 1866. Commines, The History of Philip de, Knight, Lord of Argenton. 4th Ed. Lond. 1674. Consolato del Mare, Il. Venet. 1584. Croke, Alexander, Remarks on Mr Schlegel's Work upon the Visitation of Neutral Vessels under Convoy. Lond. 1801. Crusades, Chronicles of the. Bohn, 1848. Cunningham, William, The Growth of English Industry and Commerce. Camb. Univ. Press, 1882. Cushing, Caleb, The Treaty of Washington. New York, 1873. Czartoryski, Memoirs of Prince Adam. Edited by Adam Gielgud. 2 vols. 2nd Ed. Remington, 1888. Davis, George B., Outlines of International Law. Sampson Low, 1888. Dumont, J., Corps Universel Diplomatique du Droit des Gens. Amsterdam. 1726-1731. Eugene, Memoirs of Prince. Written by Himself. By Frederic Shoberl. Lond. 1811. Eugène de Savoye, Histoire du Prince Francois. 5 vols. Vienna, 1755. Exton, John, The Maritime Dicaeologie, or Sea Jurisdiction of England. Lond. 1664. Fanshaw, Sir Richard, Original Letters of. Lond. 1702. Feuquières, Memoirs of the late Marquis de. 2 vols. Lond. 1737. Franklin, Benjamin, The Private Correspondence of. By W. T. Franklin. 2 vols. 2nd Ed. Lond. 1817. Freeman, E. A., Historical Geography. 2nd Ed. Longmans, 1882. Froissart, Chronicles of England, France, Spain and the adjoining Countries. Translated by Thomas Johnes. 2 vols. Lond. 1839. |