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Keyn^ Laic Rep.^ 2 Excli. Dili. 314, Dr. Pliillimore states that tliisanswer 

 was framed by Lord Mansfield and Sir George Lee. The same learned 

 author declares that the sources from which international jurisprudence 

 is derived embrace not only the universal consentof nations, as expressed 

 by positive compact, and as implied by usage, custom, and practice, 

 as disclosed by iirecedents, treaties, public documents, marine ordi- 

 nances, the decisions of international tribunals, and the works of emi- 

 nent writers upon international jurisprudence, but, also, "the Divine 

 law, embodying the principles of eternal justice, implanted by God on 

 all moral and social creatures, of which nati(uis are the aggregates and 

 of which governments are the international organs," as well as "the 

 Eevealed Will of God, enforcing and extending these principles of 

 natural justice," and " Eeason which governs the application of these 

 principles to particular cases." ] rhUUmorc, p. 67, c. -9, § 58. In the 

 above case of Queen vs. Keyn, Sir William Baliol Brett, now Lord Esher, 

 Master of the Bolls, after observing that the authorities made it clear 

 that the consent of nations was requisite to make any proposition a 

 part of the law of nations, well said: "Tlicir consent is to be assumed 

 to the logical application to given facts of the ethical axioms of right 

 and wrong. Such an application is the foundation of every system of 

 law, including necessarily the law of nations." L. R., 2Exeli. Div, 131. 

 Chancellor Kent, whose writings are known to the jurists of all 

 nations, states in his Commentaries, that the most useful and practical 

 part of the law of nations is, no doubt, instituted or positive law, 

 founded on usage, coiisent, and agreement, and that it would be improper 

 to separate this law entirely from natural jurisprudence and not to 

 consider it as deriving mu(;h of its force and dignity from the same prin- 

 ciples of right reason, the same views of the nature and constitution of 

 man, and the same sanction of Divine revelation, as those from which 

 the science of morality is deduced, and he says: "There is a mitural 

 and a positive law of nations. By the former every state, in its relations 

 Avith other states, is bound to coiuluct itself with justice, good faith, 

 and benevolence; .and this application of the law of nature has been 

 called by Vattel the necessary law of nations, because nations are 

 bound by the law of nature to observe it; and it is termed by others 

 the internal law of nations, because it is obligatory upon them in point 

 of conscience." "We ought not, therefore." that areat iurist continues, 

 "to separate the science of public law from that of ethics, nor encour- 

 age the dangerous suggestion that governments are not so strictly 

 bound by the obligations of truth, justice, and humanity, in relation to 



