International Law Part 67

[24] Bryce, "Holy Roman Empire," Chs. VII, and XV. The "Truce of G.o.d" introduced by the clergy (1034) left only about eighty days in a year for fighting and settling feuds.

[25] On effects of Crusades, see Milman, "Latin Christianity," VII., 6; Hallam, "Middle Ages," Ch. III., Pt. I.; Bryce, "Holy Roman Empire," Chs. XI., XIII.

[26] Hall, -- 268, p. 740.

[27] Laws of Wisby contain early reference to marine insurance, -- 66.

[28] Expanded in 1614.

[29] De Valroger, "Droit Maritime," I., -- 1.

[30] The Marine Ordinance of Louis XIV, 1681, became the basis of sea law.

[31] With the decline of the influence of the "Holy Roman Empire,"

the use of Latin in diplomacy became less general.

[32] Abbe Saint-Pierre, in three volumes, 1729, "Abrege du Projet de Paix perpetuelle," outlines a plan for peace by fixed system of balance of power.

[33] "Inst.i.tutes," II., 1, 21, 22.

[34] Declaration of Russia, Feb. 28, 1780.

[35] The works of Moser (1701-1786) and his immediate followers attempt to make practical the principles of International Law.

[36] I. Hertslet, 317.

[37] I. Hertslet, 573.

[38] _Ibid._, 658.

[39] Hall, -- 88, p. 297.

[40] Walker, "Hist. Law of Nations," pp. 283, 336.

[41] See p. xix for list of authors and works.

[42] Jenks, "Law and Politics in the Middle Ages," p. 30.

[43] The Santa Cruz, 1 C. Rob., 49, 61.

[44] Act of Congress, March 3, 1891. 26 U. S. Sts. at Large, 826.

[45] Lawrence, -- 64.

[46] Bolton _v._ Gladstone, 5 East, 155, 160.

[47] United States _v._ Rauscher, 1886, 119 U. S., 407.

[48] United States Const.i.tution, Art. III., -- 2. For English view, see Walker, p. 46, who quotes 3 Burr, 1480.

[49] Declarations, protocols, conventions, proclamations, notes, etc.

[50] III. Hertslet, 1904.

[51] Holtzendorff, "Introduction droit public," 44.

[52] Hall, -- 1 p. 18; I., Rivier, -- 3, 9, I.

[53] Hall, -- 1, p. 20.

[54] The internal acts of a _de facto_ state are valid, whatever the att.i.tude of the international circle. As an example, in 1777, during the Revolutionary War, the British governor of Florida made a grant of land in what is now the southern part of the United States. Fifty years later a descendant of the grantee laid claim to the land, but the Supreme Court of the United States declared, "It has never been admitted by the United States that they acquired anything by way of cession from Great Britain by that treaty [of Peace, 1783]. It has been viewed only as a recognition of preexisting rights, and on that principle the soil and the sovereignty, within their acknowledged limits, were as much theirs at the Declaration of Independence as at this hour. By reference to the treaty, it will be found that it amounts to a simple recognition of the independence and limits of the United States, without any language purporting a cession or relinquishment of the right, on the part of Great Britain ... grants of soil made _flagrante bello_ by the party that fails, can only derive validity from treaty stipulations." Harcourt _v._ Gaillard, 12 Wheat., 523, 527. See also M'Ilvaine _v._ c.o.xe's Lessee, 4 Cr., 209, 212.

[55] Suarez, "De Legibus," 6.

[56] Wheat., D., 41 n.

[57] United States of Central America, Nov. 1, 1898, from Republics of Nicaragua, Salvador, and Honduras.

[58] j.a.pan has been generally recognized since 1894, and her foreign relations have been in course of readjustment.

[59] 1 Whart., -- 70.

[60] I. Rivier, ---- 44, 125.

[61] See on this subject 1 Whart., -- 70.

[62] 13 Pet., 415. See also Jones _v._ United States, 137 U. S. 202; Foster _v._ Neilson, 2 Pet., 253.

[63] State of Mississippi _v._ Johnson, President, 4 Wall., 475, 500. For late review of the question, see 32 Amer. Law Rev., 390, W.

L. Penfield.

[64] I. Rivier, _Droit des gens_, ---- 3, 11.

[65] Hall, -- 26*, note 1, p. 93.

[66] Hall, -- 27, p. 100.

[67] Lawrence, -- 51, p. 75.

[68] "Political Annuals," since 1887 rich in discussion of neutralization.

[69] Statesman's Year Book 1901, p. 591.

[70] _Ibid._, pp. 657, 1237.

[71] 6 American Cycl., 376.

[72] Lawrence, p. 82, -- 54.