139 



between each otlier." Ed. 1S33, Pi. II, c. 6, pp. Llo, 6. In tMs view 

 Puffendorfexpi'essed his concurrence, observing that he recognized "no 

 other liind of vohmtary or positive international hiw, at least none 

 having force of law, properly so called, and binding upon nations as 

 emanating from a superior." Vol. 1, book 5, c. 5, § 33, p. 243, 5th. ed.; 

 ed. 1729, Englifih, 149. 



Heinnecius: " The law of nations is the law of nature itself respect- 

 ing or applied to social life and the affairs of societies and independent 

 states. * * * Hence, we may infer that the law of nature doth 

 not differ from the law of nations, neither in respect of its foundation 

 and first principles nor of its rules, but solely with resi^ect to its object, 

 Wherefore their opinion is groundless who speak of, I Icnow not what, 

 law of nations distinct from the law of nature." Vol. I, Ed. 1763, Sec. 

 21, p. 14. 



Hautefeuille: " What is true, and in my opinion, incontestable, is 

 that notions of what is just and right, and what is unjust are found in 

 all men; it is that all individuals of the human race that arc in the 

 enjoyment of reason have these notions graven upon their hearts, and 

 that they bring with them into the world when they are born. These 

 notions do not extend to all the details of law as do civil laws, but they 

 have reference to all the most prominent points of law. It cannot 

 be denied that the idea of property is a natural and innate idea. * * 

 The natural or divine law is the only one that can be applied among 

 nations— among beings free from every bond ami having no interest 

 in common. * * International law is, therefore, based upon the 

 divine and primitive law;' it is all derived from this source." Vol. i, 

 p. 46, 1818. 



Martens: "Each nation being considered as a moral being, living in 

 a state of nature, the ol)ligations of one nation towards another are no 

 more than those of individuals, modified and applied to nations; and 

 tliis is what is called the natural law of nations. It is universal and 

 necessary, because all nations are governed by it, even against their 

 will." Laic of Xations, German, 4th ed. 1820, p. 2 of Introduction. 



Ferguson : " International law, being based on international morality, 

 depends upon the state of x^rogress made in civilization. * * * in- 

 vestigating thus this spirit of law, we find the definition of International 

 Law to consist of certain rules of conduct which reason, prompted by 

 conscience, deduces as consonant to justice, with such limitations and 

 modifications as may be established by general consent, to meet the 

 exigencies of the present state of society as existing among nations and 

 which modern civilized states regard as binding on them in their rela- 



