NON-INTERVENTION AMONG NATIONS, THE PRINCIPLE OF. 



621 



his definition that the rules of conduct shall be 

 deduced by reason, as consonant to justice, he 

 assigns to them the highest authority which 

 can be ascribed to intellectual approval. But 

 if the investigation be pursued, and it be asked, 

 whence the simple deductions of reason con- 

 sonant with justice derive authority over hu- 

 man actions, the answer will show that it is 

 from the same source from which the natural 

 law derives its authority, viz., the Creator of 

 all things. 



In another place he presents the following 

 remark : " Grotius would, undoubtedly, have 

 done better had he sought the origin of the 

 natural law of nations in the principle of utility, 

 vaguely indicated by Leibnitz, but clearly ex- 

 pressed and adopted by Cumberland, and ad- 

 mitted by almost all subsequent writers as the 

 test of international morality. But in the time 

 when Grotius wrote, this principle, which has 

 so greatly contributed to dispel the mist with 

 which the foundations of the science of inter- 

 national law were obscured, was but very lit- 

 tle understood. The principles and details of 

 international morality, as distinguished from 

 international law, are to be obtained not by 

 applying to nations the rules which ought to 

 govern the conduct of individuals, but by as- 

 certaining what are the rules of international 

 conduct which, on the whole, best promote 

 the general happiness of mankind." * Here it 

 would appear as if utility was the principle by 

 which to test the right or wrong in the actions 

 of nations toward each other; commending 

 that which is useful as right and promoting the 

 general happiness of mankind, and prohibiting 

 that which is not useful as wrong and inju- 

 rious to the general happiness of mankind. 

 But there can be no incompatibility between 

 true utility and true justice. Why, then, in 

 one instance say that the principle of utility 

 is admitted as the test of international morality, 

 and in another instance say that international 

 law consists in those rules of conduct which 

 reason deduces as consequent to justice from 

 the nature of society, etc. ? If the precepts of 

 international law are consonant to justice, then 

 the observance or the violation of them deter- 

 mines their international morality, which in 

 no sense can be determined by utility, although 

 it may be consonant with it. 



Turning now to the Italian school of writers, 

 one of the most eminent t presents this view : 

 " If the society of nations is governed by natu- 

 ral law, the atoms which compose it must be 

 absolutely equal. Men under the scepter of 

 nature are all equal, and accordingly common- 

 wealths are equal if the international state be 

 one of nature. The proposition that independ- 

 ent communities, however different in size and 

 power, are all equal in the view of the law of 

 nations, has largely contributed to the happiness 

 of mankind, though it is constantly threatened 

 by the political tendencies of each successive 



* Part I, chap. 1, p. 5. 



t H. S. Maine, l> Ancient Law," chap. iv. 



age. It is a doctrine which probably would 

 never have obtained a secure footing at all if 

 international law had not been entirely derived 

 from the majestic claims of nature by the pub- 

 licists who wrote after the revival of letters." 



The opinions of these writers on interna- 

 tional law, thus briefly presented, serve to show 

 upon what an uncertain foundation the au- 

 thority and obligation of its precepts seem to 

 rest. Sovereign states being considered as the 

 subjects of its commands, there is not to be 

 found anywhere a state so supreme as to pre- 

 scribe, with the authority of a superior, rules 

 of conduct to others. Indeed, their relations 

 to each other seem to resemble very much 

 those of an individual in social life, who is said 

 "to be on his good behavior." If, however, 

 he violates the tacitly approved courtesies and 

 rules of society, he is pronounced " disorderly," 

 and is approached by a representative of an 

 authority which has the right to command and 

 the power to enforce. 



Nothing like this exists among sovereign 

 states, but various substitutes have been sug- 

 gested or attempted, such as a permanent con- 

 gress of states, a confederation of states, etc., 

 all of which have been temporary in their 

 nature, and without efficient obligatory force. 

 The conference of certain European states at 

 Constantinople during the year, relative to the 

 affairs of Egypt, presents an illustration of the 

 highest condition to which a practical applica- 

 tion of international law has attained. The ar- 

 biters of Europe assembled to decide the fate 

 of Egypt, not upon the principles of justice, 

 but upon such terms as shall preserve the 

 peace of Europe. 



VIEWS OF THE ITALIAN" SCHOOL. But, with- 

 out pursuing this aspect of the science further, 

 it will now be interesting to turn to Italy and 

 consider the views there advanced. Italy, con- 

 sisting of several distinct and independent 

 governments, as is well known, has been " uni- 

 fied," as it has been termed, under the govern- 

 ment of the strongest. A revolution so extreme 

 in one aspect, a consolidation so vast in an- 

 other; a confederation of such incongruous 

 elements in one sense, a subjugation so entire 

 in another, embracing as it does a church as- 

 serting universal and more than human moral 

 authority, must, in whatever manner it is 

 viewed, elicit a multitude of interesting ques- 

 tions. None of these is it here proposed to 

 notice, but simply to present those declared 

 principles of international law under which it 

 is maintained that all these events can come 

 to pass in perfect accord with the principles 

 of justice, and be secured in permanence con- 

 sistently with the principles of honor and 

 rectitude among states. " The change," said 

 Cavour, "which has just been accomplished 

 in Italy, has not only been inspired by the 

 principle of liberty, like the English Revolution 

 of 1688; it has been founded on the right of 

 nationality, which gives it additional force." * 

 "MPariement Italian, seance du 9 Avril, 1861. 



