INTEKNATIONAL EEFOEM.
 
 By the same Author. 
 THE OXFORD REFORMERS, 
 
 JOHN COLET, ERASMUS, and THOMAS MORE. 
 
 Being a History of their Fellow-work. 
 Second Edition, revised and enlarged. Price 14s. 
 
 IOW CAN COMPULSORY EDUCATION BE 
 MADE TO WORK IN ENGLAND? 
 
 Reprinted, with Alterations, from the Fortnightly Review. 
 Priced.
 
 INTERNATIONAL REFORM. 
 
 BV 
 
 FREDERIC SEEBOHM. 
 
 LONDON : 
 
 LONGMANS, GEEEN, AND CO. 
 1871.
 
 LONDON: PEINTBD BT 
 
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 AND PAELIAMBNT SIBEET
 
 PREFACE. 
 
 THIS ESSAY was written during the American 
 Civil War, and was in part printed at the 
 time for private circulation only. 
 
 I have been induced to publish it at this 
 juncture, in the hope that a calm statement 
 of the economic argument in favour of In- 
 ternational Reform may obtain an impartial 
 hearing at a time when the public mind is 
 in some danger of being drawn off the true 
 scent by the cry for increased armaments 
 and the abandonment of the principle of 
 non-intervention. 
 
 I have added a Postscript on the relation 
 of the reform advocated in the Essay to the 
 policy of non-intervention so earnestly advo- 
 cated by the late Mr. Cobden. 
 
 F. S. 
 
 HITCHIN: February 1871. 
 
 20178C6
 
 CONTENTS. 
 
 PART I. 
 
 ON THE TENDENCY OF MODERN INTERNATIONAL SOCIETY TOWARDS 
 THE INCREASED INTERDEPENDENCE OF NATIONS . Page 1 
 
 PART II. 
 ON THE INADEQUACY OF THE PRESENT INTERNATIONAL SYSTEM AND 
 
 IN WHAT IT CONSISTS Page 61 
 
 PART in. 
 
 ON THE NATURE OF THE INTERNATIONAL REFORM REQUIRED BY 
 THE INCREASING INTERDEPENDENCE OF NATIONS : 
 
 1. IN INTERNATIONAL LAW. 
 
 2. IN ITS INTERPRETATION. 
 
 3. IN ITS ENFORCEMENT. Page 95 
 
 POSTSCRIPT ON THE RELATION OF THE REFORM ADVOCATED IN 
 THIS ESSAY TO THE POLICY OF NON-INTERVENTION URGED BY 
 
 THE LATE MR. COBDEN ..... Page 143 
 
 B 2
 
 PART I. 
 
 ON THE TENDENCY OF MODERN INTERNATIONAL 
 
 SOCIETY TOWARDS THE INCREASED 
 
 INTERDEPENDENCE OF NATIONS.
 
 CHAPTER I. 
 
 * 
 
 I. ON THE LAWS OF NATURE REGULATING 
 INTERNATIONAL SOCIETY. 
 
 PRACTICAL MEN shrink from having anything to 
 do with whatever will not work. 
 
 Taught by experience, they have learned to re- 
 cognise the existence of facts so firmly fixed in the 
 constitution of things by nature, that for want of a 
 clearer- term we call them laws of nature. And all 
 thinking men are agreed that nothing which 
 clashes with these laws does or can work; while 
 everything which does or will work must do so by 
 using and obeying the laws of nature, by acting 
 in concert with them, and in no wise against 
 them. 
 
 This faith of practical men in the laws of nature, 
 and utter distrust of everything which clashes, or 
 is supposed to clash, with them, is not confined to 
 the laws embraced in the physical sciences only. 
 With increasing knowledge the current of modern 
 thought has set in with increasing force in favour 
 of entire and implicit faith in all laws of nature, 
 including those embraced in political science. 
 
 As surely as the engineer knows that, unless he 
 construct his bridge in accordance with the laws
 
 4 On International Reform. 
 
 of mechanical science it will not stand, so surely 
 does the merchant, in planning a trade transaction, 
 or the Chancellor of the Exchequer, in framing a 
 budget, know that the one or the other will succeed 
 only so far as it is in strict accordance with the 
 laws of political economy. Monopolies and pro- 
 tective duties, statutes of wages, and a hundred 
 other things which were found to clash with these 
 laws, have one after another been wisely swept 
 away like cobwebs to the domain of the moles and 
 bats. 
 
 Now, using the term ' laws of nature ' in this 
 sense strictly, and in no looser one, if it be really 
 proved that such and such reforms are required to 
 bring the present international system into har- 
 mony with the facts and laws of nature in points 
 in which it now clashes with them, and conse- 
 quently does not work, it will be seen at once that 
 these reforms are required by something far more 
 inexorable than the ' Lex Naturae ' of the Jurists 
 that, in fact, they are steps in the great march of 
 civilisation which, the world and the human race 
 being constituted as they are, must inevitably be 
 taken, unless we prefer that human progress should 
 halt on its career.
 
 Interdependence of Nations. 
 
 II. THE INTERDEPENDENCE OF NATIONS NOT OPTIONAL 
 BUT BY LAW OF NATURE. 
 
 HAVING, in the previous section, clearly denned 
 what we mean by laws of nature, the reader's at- 
 tention is called to the fact that, as it is by law of 
 nature, and not merely by human contrivance, that 
 men are led to become socially connected and in- 
 terdependent, so it is by law of nature, and not 
 merely by human contrivance, that nations are led 
 to maintain international intercourse and to become 
 more or less dependent one on another. 
 
 Each country might have been endowed with a 
 similar climate and soil. The air might have been 
 made to fill only the valleys as the sea does now. 
 In a thousand other ways each nation might have 
 been made self-subsistent, and as effectually barred 
 out from intercourse with every other as if each 
 had been a separate world. But the world, as it is, 
 with its arctic, temperate, and torrid zones, its 
 varied soils and natural productions, its iron and 
 coal beds lying in one zone, its cotton growing 
 only in another the world, as it is, with its na- 
 tions of different habits and different races, sepa- 
 rated by difference of language, but not cut off 
 altogether the one from the other, because both 
 capacity and inducement have been given, as they 
 increase in knowledge and skill, more and more to 
 bridge over the straits between them the world,
 
 6 On International Reform. 
 
 as it z's, is so framed as, instead of keeping nations 
 isolated and separate, to compel them, as they 
 advance in civilisation, more and more to weave 
 the web of intercourse to entangle, as it were, 
 the threads of their national prosperity into an 
 international skein. Experience has taught us 
 that if a nation choose to act selfishly and, by corn 
 laws or anything else, unduly to check interna- 
 national intercourse and interchange of wealth, it 
 will thereby inevitably lessen its own selfish share 
 of the comforts of life. And clearly it is not 
 merely by human contrivance, or by any human 
 law, but by law of nature that it is so. 
 
 III. ON. THE LAWS BY WHICH THE DEGREE OF INTER- 
 NATIONAL DEPENDENCE IS DETERMINED. 
 
 BUT while all nations are by law of nature made 
 more or less dependent upon international inter- 
 course, obviously the degree in which they are de- 
 pendent differs materially. 
 
 Nations may, in this respect, be regarded as 
 roughly divisible into three groups or classes : 
 1st. Those thinly peopled, exporting natural 
 produce, and importing manufactures arid 
 luxuries. 
 
 2nd. Those well peopled, consuming their own 
 produce, and manufacturing their own 
 goods.
 
 Interdependence of Nations. 7 
 
 3rd. Those densely peopled, exporting manufac- 
 tures and luxuries, and importing natural 
 produce. 
 
 And these three classes may be said to represent 
 three stages in a nation's history. 
 
 Nations in their youth have almost always passed 
 through the first or youthful stage ; many have 
 passed from it into the second, or self-subsistent 
 stage ; and a few pioneer nations have passed on 
 through this middle stage into the third, or most 
 dependent stage. 
 
 But it is not a matter of a nation's own choice 
 altogether in which of these stages it shall perma- 
 nently remain. This question also is determined, 
 not merely by national will or the contrivance of 
 governments, but by certain laws of nature ; under 
 these laws nations are indeed free to take what 
 course they may choose, but they cannot rid them- 
 selves of them. They may act in opposition to 
 what by those laws is their own true interest, but 
 whether they do so through ignorance or folly, it 
 will be at the cost of abridged prosperity and often 
 of actual suffering. 
 
 It is not denied that nations may continue in the 
 self-subsistent stage for long periods of history 
 under certain peculiar circumstances. But it is sub- 
 mitted that a careful review of the facts of modern 
 history may enable us to point out with something 
 of certainty what those peculiar circumstances are 
 under which alone nations can remain for long in
 
 8 On International Reform. 
 
 the self-subsistent stage of national life, and to 
 judge whether those circumstances, as a matter 
 of fact, do now or are likely in the future to exist. 
 
 Thus it may be regarded as a fact established by 
 political economists, that unless a nation's own 
 economic condition be such as to keep down its 
 population within limits proportioned to the limits 
 of its land, one of two results is certain to follow 
 sooner or later; either it will have to suffer the 
 miseries and hardships of over-population, or it will 
 have to expand itself, and pass on into the third 
 stage of national existence. 
 
 If it is to remain for long in the self-subsistent 
 stage of national life, the prosperity and comfort 
 of its people is dependent upon the existence of a 
 powerful check upon the increase of population. 
 
 Now, putting aside the check which a very high 
 moral condition and standard of comfort in a people 
 would produce, as a thing which, however much to 
 be desired and striven after, does not operate in 
 any but the highest stages of civilisation ; and look- 
 ing at the facts of the case as they now are and for 
 some time are likely to be, it appears to be estab- 
 lished further that in a state of society in which 
 men as they grow up can most readily marry and 
 put themselves into a similar position to that of 
 others around them as when the whole population 
 are detached from the land and work for weekly 
 wages population is most likely to increase rapidly, 
 because there is the least check upon its increase.
 
 Interdependence of Nations. 9 
 
 But that in a state of society in which there are 
 obstacles to early marriage, and men must wait till 
 they have saved money or inherited the position of 
 others before they can marry and place themselves 
 in a similar position to those around them as e. g. 
 in a state of peasant proprietorship population 
 will remain most nearly stationary, because there 
 will be the greatest check upon its increase. 
 
 Thus if the peasantry of a nation have emerged 
 out of feudal serfdom into peasant proprietorship, 
 and at the same time the proportion of town and 
 trading population to the country population is 
 small, you have a nation in which the population 
 may well remain nearly stationary and the nation 
 itself remain for a long period in the second or 
 self-subsistent stage of national existence. While, 
 should it have chanced that from any cause the 
 proportion of town to country population is large, 
 and at the same time the peasantry have not 
 emerged out of feudal serfdom into peasant pro- 
 prietorship, but have become detached from the 
 soil and work at their own free will for weekly 
 wages, you have a nation probably destined to in- 
 crease rapidly in population, and which, if new 
 channels of employment are not opened out as fast 
 as population increases, will suffer the evils of over- 
 population in all their force. If new channels of 
 occupation are opened out as population increases, 
 such a nation will quickly outgrow the limits of its 
 land, and its prosperity will become more and more
 
 10 On International Reform. 
 
 rapidly dependent upon free international inter- 
 course. . In fact such a nation will be compelled to 
 pass through the second stage' into the third or 
 most dependent one unless there be actual barriers 
 against international intercourse strong enough to 
 prevent it. 
 
 If there be effectual barriers against international 
 intercourse, whatever their nature, nations will of 
 course be forced at all costs to enter and remain 
 in the self-subsistent state suffering less or more 
 according as the physical character of their 
 country, and their own economic condition, favour 
 a policy of self- subsistence or otherwise. 
 
 But inasmuch as these barriers, in the long run, 
 inflict suffering and are removable, their removal is 
 only a question of time. When the suffering is 
 sufficiently keenly felt, nations will rise and break 
 through them. They are not barriers placed by 
 law of nature, irrevocably fixed they are green 
 withes which a Samson rising in his strength may 
 shake off. 
 
 As a matter of fact these barriers are fast melt- 
 ing away. Commercial treaties and the spread 
 of Free Trade doctrines are steadily doing their 
 work. 
 
 And the result is that, as years roll on, the ques- 
 tion of how long the great nations can continue in 
 the self-subsistent stage of national life of how soon 
 they will be constrained to follow the steps of the
 
 Interdependence of Nations. 11 
 
 pioneer nations into the most dependent stage is 
 becoming more and more an economic question for 
 each nation to answer according to its own econo- 
 mic condition. And the future of nations in this 
 respect is therefore becoming more and more 
 dependent upon causes having their root often far 
 back in the past and less and less within the range 
 of a nation's present choice or control. 
 
 It is believed that the rapid, but not necessarily 
 on that account superficial, review of the actual 
 facts of modern economic history contained in 
 the following chapter, will not only illustrate, so 
 far as is needful for the present purpose, the cor- 
 rectness of these general principles, but also 
 leave no doubt on the mind of the reader as to 
 what, under existing laws of nature, is the actual 
 and inevitable tendency of modern international 
 society.
 
 12 
 
 CHAPTER II. 
 
 I. INTRODUCTORY. 
 
 WHAT is 'the tendency of modern International 
 Society ? Are civilised nations likely to plod on 
 as most of them have done for the past five cen- 
 turies in the self-subsistent state ? Or are they 
 inevitably drifting towards a condition of greater 
 and greater dependence on international inter- 
 course ? 
 
 It has been stated that in proportion as the 
 barriers to free international intercourse give way 
 before increasing intelligence, the answer to this 
 question is more and more to be sought rather in 
 the economic condition of the nations themselves 
 than in the direct intention and policy of their 
 rulers. 
 
 It is accordingly proposed in this chapter to pass 
 in review the economic history and condition of 
 modern nations. And as it may be convenient to 
 do so in the order of their present dependence on 
 international commerce, it is proposed to take the 
 case: 
 
 1st. Of those nations which have already 
 entered the ' most dependent ' stage of 
 national life.
 
 Interdependence of Nations. 13 
 
 2nd. Of those in the ' self-subsistent ' stage ; and 
 
 3rd. Of those in the l youthful J stage. 
 
 Taking the double test afforded, first, by the 
 proportion of the annual exports and imports of a 
 country to the number of its inhabitants; and 
 secondly, by the proportion of its population to the 
 extent of its territory, it will not be difficult to 
 separate them with sufficient accuracy "into three 
 groups. 
 
 Relying on the valuable information contained 
 in 'Puissance comparee des divers Etats de 1' Europe, 
 par Maurice Block, Gotha, 1862,' the following 
 classification may fairly be adopted : 
 
 Annual Value of 
 Imports and Exports 
 
 per head of the Population per 
 
 Population square Kilograms 
 
 | (Holland ... 12.8 ... 107 
 
 fl | J Great Britain ... 11.3 ... 93 
 
 iff 1 Switzerland ... 10.0 ... 61 
 
 |f [Belgium ... 7.3 ... 158 
 
 The above nations are dependent most years on 
 foreign supplies of food. 
 
 ' France ... 4.2 ... 68 
 
 Italy ... ... 95 
 
 Zollverein ... 3.4 ... 64 to 74 
 
 Denmark ... 3.2 ... 44 
 
 Greece ... 2. ... 22 
 
 Sweden I Lg ? ?? 
 Norway j 
 
 Spain ... 1.4 ... 31 
 
 Austria ... 1.4 ... 54 
 
 Portugal ... 0.9 ... 39 
 
 Russia ... 0.8 ... 12 
 
 . Turkey ... ? ... 17 
 
 gj, I The United States; Brazil, and the South American 
 < [_ Republics, British Colonies, &c., &c. 
 C
 
 14 On International Reform. 
 
 Finally, to these three groups or classes may be 
 added another embracing the more or less un- 
 civilised nations : 
 
 China, Japan, &c., 
 
 which require some consideration, owing to the 
 intimate connexion growing up between them and 
 civilised nations. 
 
 II. ON THE MOST DEPENDENT NATIONS GENERALLY 
 THEIR TENACITY OF LIFE. 
 
 CONFINING our attention at present to the most 
 dependent nations, it may be well to make a few 
 general remarks before passing to the consideration 
 of the case of each nation in particular. 
 
 With respect to these nations, the great point to 
 be ascertained will be whether their dependence on 
 international trade is likely to be permanent. 
 
 It has often been remarked how precarious a 
 foundation of permanent prosperity a dependence 
 on international commerce has, in the course of 
 history, proved itself to be. And many a lesson 
 has been read to modern nations on this text. 
 But it may well be questioned whether, text and 
 context taken together, such really is the lesson to 
 be learned from history. So far as I can gather 
 the thread of its teaching, it is precisely the re- 
 verse. Tyre, Venice, Genoa, have doubtless left us
 
 Interdependence of Nations. 15 
 
 the lesson of their fall. But the discovery of the 
 passage round the Cape of Good Hope in itself 
 affords too good a reason for a great decline of 
 Mediterranean trade to make the case of these 
 cities a representative one. Setting aside this 
 exceptional case of the Mediterranean ports, the 
 great fact to be learned from the commercial history 
 of the past five centuries I conceive to be the 
 tenacity of life, if I may so speak, exhibited by 
 commerce and commercial peoples. 
 
 The fact that these very four nations, which now 
 stand out as the most dependent on foreign com- 
 merce, were the very four nations of which 
 (Mediterranean cities excepted) the same could 
 probably have been said jive hundred years ago, is 
 itself a telling proof of this. And the fact that 
 each of these nations retains now, in the nineteenth 
 century, the distinctive commercial character by 
 which it was marked in the fourteenth, is a further 
 and still more telling proof. Thus, in the four- 
 teenth century, Holland was mainly a commercial 
 as distinguished from a manufacturing country, 
 and it is so now. Belgium was mainly a manu- 
 facturing as distinguished from a commercial coun- 
 try, and it is so now. Switzerland was the same, 
 and it is so now. England was marked by the 
 combination of both commercial and manufacturing 
 enterprize, and it is so now. 
 
 And again, if we take the case of the great 
 maritime cities of the more self-subsistent coun- 
 
 c 2
 
 16 On International Reform. 
 
 tries, barring the exceptional cases alluded to, they 
 certainly have exhibited a striking tenacity of life. 
 The three surviving Hanse towns Hamburg, 
 Lubeck, and Bremen were among the very 
 earliest members of the Hanseatic League. To- 
 gether with Rostock, Wismar, and Danzic, they 
 were the chief commercial ports of North Germany 
 five centuries ago, and they are so still. Marseilles 
 was the chief commercial port of France, and Bar- 
 celona of Spain, in the Middle Ages, and they are 
 so still. 
 
 Still further, there are districts in self-subsistent 
 countries in which manufactures are now carried 
 on. These are for the most part striking witnesses 
 to that strange tenacity of life which has enabled 
 germs of commerce, planted in unfavourable soil, 
 to retain a struggling vitality through centuries 
 of adverse circumstances. Take, for instance, the 
 manufactures of France. The linen and woollen 
 manufactures of the north, and the silk manu- 
 factures of the south-east, alike date back to the 
 fourteenth century, or an earlier period. And 
 again, those of Spain. Catalonia was the main 
 manufacturing district of Spam in the fourteenth 
 century, and, through all vicissitudes, it is so still. 
 The woollen manufactures of Flanders spread 
 under cover of the Hanseatic League, alono- the 
 banks of the Rhine, and the Rhenish provinces are 
 the great manufacturing district of Germany at the 
 present moment.
 
 Interdi pendence of Nations. 17 
 
 But will the tenacity of life which has so marked 
 the past history of commercial nations continue? 
 
 A very brief review of the causes which led most 
 nations to adopt a self-subsistent policy, and the 
 circumstances under which the most dependent 
 nations in spite of these causes maintained their 
 dependence on international commerce, will show 
 clearly that present circumstances are at least far 
 more favourable to its continuance than those of 
 the past. 
 
 Modern international history may be said to date 
 from the era when the idea of a ' nation 1 became 
 connected with the country inhabited by it. While 
 the great waves of Teutonic emigration were one 
 after another sweeping over Europe, the nation was 
 the tribe or people, irrespective of its local home. 
 The sovereign ruled over the tribe or people and 
 aimed at universal dominion over all lands they 
 might choose to overrun and conquer. Their very 
 laws of tenure were such, it is said, as to compel 
 those of the invading tribe who devoted themselves 
 to agriculture, annually to shift about from one 
 tract of land to another, in order to prevent their 
 becoming rooted to the soil, and thus unfitted for 
 their roaming conquering life. The old international 
 idea of universal sovereignty was essentially a war- 
 like idea. A chieftain's thirst for dominion was like 
 the Indian's thirst for new hunting grounds and 
 endless prey. But the western shores of the known 
 world once reached and conquered, and a limit put
 
 18 On International Reform. 
 
 to the indefinite extension of dominion, the con- 
 querors themselves were put upon the defensive. 
 If they would not themselves fall a prey to new 
 waves of conquest, they must make a home of 
 their newly conquered hunting ground, and keep it 
 and till it for themselves. And the need of defence 
 against foreign foes, not only ended in rooting the 
 nations to the conquered country; it rooted also 
 the people to the soil on which they individually 
 dwelt. As in an age of perennial war and con- 
 quest the necessities of self-defence drove the nations 
 to adopt a policy of self-subsistence, so in an age 
 of feuds and private war the necessities of self- 
 defence drove every little Feudal knot of society 
 to become self-subsistent and independent of its 
 neighbours. So the Feudal system became neces- 
 sarily identified with the self-subsistent stage of 
 national life. Each manor became a little self-sub- 
 sistent state; organised for self-defence and self- 
 support. And the nation composed of an aggre- 
 gated mass of these self-subsistent atoms, itself 
 became a nation organised for self-defence and self- 
 support. It is obvious then that the Feudal policy 
 of isolation and self-dependence was not adopted 
 because such was the bent of the national mind. It 
 was on the contrary clearly forced upon nations, 
 as it were, against the grain. The national instinct 
 of the nomad tribe for fresh fields of conquest had 
 to give way before the necessities of self-defence. 
 The national hatred of attachment to the soil and
 
 Interdependence of Nations. 19 
 
 agricultural pursuits had to succumb before the 
 necessities of self-support. And thus the over- 
 ruling cause why most nations entered the self- 
 subsistent stage of national life may be said to have 
 been, the prevalence of international anarchy and 
 Lynch Law which formed so effectual a barrier to 
 international intercourse. 
 
 The result of this was that the great Feudal 
 nations, thus driven down as it were by anarchy 
 and Lynch Law into a self- subsistent state, left 
 the few cities and districts which devoted them- 
 selves to commerce, to pursue at all risks, a 
 practical monopoly of international trade. 
 
 A certain amount of trade will be carried on at 
 all hazards, and at all times. There are some 
 things with respect to which even the most self- 
 subsistent nations cannot be self- subsistent. 
 
 The chief of these were in the Middle Ages : 
 
 1st. Fish, an article which the religious creed 
 of the tunes made indispensable, even to 
 the most inland countries. 
 
 2nd. Manufactured cloths. 
 
 3rd. Foreign luxuries, for which there must 
 always be a greater or less demand. 
 
 In all these particulars the most self- subsistent 
 nations were, as a matter of fact, not in the main 
 self- subsistent. 
 
 The fishing trade and maritime enterprise in 
 general of North- Western Europe had, to a great 
 extent, settled itself on the shores of the German
 
 20 On International Reform. 
 
 Ocean and the Baltic. The manufacture of woollen 
 and other cloths, carried on to some extent in 
 other countries and districts, had mainly fallen 
 into the hands of Flemish weavers. And the 
 trade in Eastern luxuries was very much mono- 
 polised by the cities of the Mediterranean. Thus 
 while neighbouring nations were unnaturally set- 
 tling down under Feudal auspices into the self- 
 subsistent state, these portions of the European 
 community were becoming more and more depen- 
 dent on then: commerce. 
 
 How did they maintain this dependence ? 
 
 No doubt the very fact of the monopoly they 
 enjoyed and the large profit they obtained in con- 
 sequence, enabled them to run war risks and bear 
 their losses, just as the prodigious profits of a 
 successful attempt to run a blockade may cover 
 several failures. 
 
 But the main cause of their great success was 
 their attempt, by no means altogether fruitless, to 
 curb the anarchy which reigned around them, and 
 to establish some sort of law and order in its place. 
 The commercial cities of the Baltic, North Ger- 
 many, and Holland, attained this end by means of 
 the Hanseatic League. Under its shelter, Flemish 
 manufacturing towns attained the highest point of 
 their prosperity. The Swiss preserved their in- 
 dependence and commercial prosperity by means 
 of the Helvetic Confederacy. The commercial 
 cities of the Mediterranean lessened the evils whicli
 
 Interdependence of Nations. 21 
 
 they could not banish from their seas by adopting 
 as a common code of maritime law the ' Consolato 
 del Mare. 1 
 
 But their monopoly, however well maintained, 
 was sure to find itself at last between the horns of 
 a dilemma. For first, the partial failure of these 
 attempts to preserve international peace and order, 
 whether on land or on the seas, left commerce still 
 partially open to the disasters caused by piracy 
 and war history abundantly testifies to this. 
 And secondly, the very success of their attempt 
 the international law and order, more or less main- 
 tained by their united efforts itself broke the bars 
 of their monopoly, removed the barriers to com- 
 merce, and opened the way for other nations to 
 take their natural share of it. 
 
 The history of the most dependent nations, as 
 will be seen more fully when we come to regard 
 them separately, as a matter of fact, bears ample 
 witness to the check and diminution they received 
 from time to time, mainly from these two causes. 
 Nothing but the tenacity of life to which we have 
 alluded could have dragged them through. 
 
 Now I suppose it will not be denied that both 
 these causes of harm and danger are, comparing 
 past with present, much diminished. For first, 
 international law and order is respected far more 
 now than in the palmiest days of the Hanseatic 
 league. And secondly, while the gradual removal 
 of the barriers to free trade and intercourse is
 
 22 On International Reform. 
 
 cutting away the last shreds of the old monopoly, 
 the most dependent nations have no longer to fear 
 but much to gain from its entire surrender. 
 
 Hence it is concluded as the result of this enquiry 
 upon general grounds, that for the future nations 
 have a better rather than a worse chance of per- 
 manently maintaining a course of dependence on 
 international intercourse than they have had in the 
 past. What then should deprive commerce and 
 commercial peoples of that tenacity of life which 
 has marked their history hitherto ? Cotton famines 
 and the like may cause distress and wounds which 
 it may take years to cure, and therefore it is beyond 
 all doubt our duty to prevent if possible their recur- 
 rence ; but they who chuckle over Lancashire's 
 disaster, and begin to chant the dirge of her pros- 
 perity, know little what they talk about ! If the 
 manufactures of Flanders, Switzerland, France, 
 Spain, and the Rhine have survived five centuries 
 of anarchy, shall British manufactures, under far 
 more advantageous circumstances, now be perma- 
 nently checked by the disasters of half as many 
 years ? 
 
 III. THE ECONOMIC HISTORY OF ENGLAND. 
 
 IN turning now to the separate consideration of the 
 economic history and prospects of the ' most depen-
 
 Interdependence of Nations. 23 
 
 dent ' nations, it may be pardonable to take first 
 the case of our own country. 
 
 With the establishment of the Feudal system, 
 England, along with other nations, passed, to a 
 great extent, into the self-subsistent state. 
 
 How did she get out of it ? 
 
 There are few pages of international history which, 
 if we could get at the facts, would be more instruc- 
 tive, than that which records the partial migration 
 of the fishing trade and woollen manufacture from 
 the Dutch to the British shores of the German ocean, 
 the consequent partial decline of Flemish trade 
 and manufactures, and the planting on English 
 soil five centuries ago of the germ of that mari- 
 time enterprize and manufacturing skill which 
 is the distinctive mark of the English nation at 
 this day. 
 
 With regard to the fishing trade, something may 
 be attributed to physical causes. The sea gradually 
 encroached on the Dutch shore until at length it 
 converted what was once an inland lake into the 
 Zuyder Zee, and formed what was once part of the 
 main land into the island of Walcheren. It 
 gradually, meanwhile, receded from the English 
 coast forming Yarmouth sands and port, where a 
 bay had once washed inland between the two 
 Roman stations of Burgh and Caister, almost as 
 far as Norwich. And from whatever cause, in
 
 24 On International Reform. 
 
 course of time, Yarmouth port became a great 
 fishing station, much frequented by Dutch fishing 
 and trading vessels, and ultimately possessing a 
 large and rapidly increasing mercantile marine of 
 its own. It is not perhaps generally known that, 
 under these circumstances, the population of this 
 fishing town had risen by the middle of the four- 
 teenth century to a point which it had not passed 
 four centuries after. 
 
 With regard to the woollen manufacture, the 
 inundations on the Flemish coast had doubtless 
 something to do with the migration of Flemish 
 worsted weavers to those British ports with which 
 their seamen were most familiar. A more potent 
 cause,- however, was to be found in the internal 
 and international anarchy prevailing around them, 
 notwithstanding the influence of the Hanseatic 
 league. 
 
 This league did not wholly prevent internal dis- 
 sensions, nor could it prevent nations, who had 
 nothing to do with it, from going to war, or 
 exercising belligerent rights. 
 
 Flemish manufacturers were greatly dependent 
 on English wool, as Lancashire manufacturers are 
 now dependent upon American cotton. Constant 
 interruption of international intercourse, sometimes 
 for years together, made this dependence of Flemish 
 weavers upon the importation of the raw material 
 from England hazardous in a high degree. When- 
 ever it was the interest of England to do so,
 
 Interdependence of Nations. 25 
 
 whether as a civil or a military measure, the ex- 
 portation of English wool wa? taxed or prohibited 
 altogether by the English Parliament. Flemish 
 weavers were thus liable to suffer from a wool 
 famine, as our Lancashire weavers are now suffer- 
 ing from a cotton famine. These facts, together 
 with the existence of a strong and tolerably settled 
 government in England, were sufficient to induce 
 large numbers of Flemings to migrate with their 
 looms across the German Ocean to the land from 
 whence much of their supply of wool had hitherto 
 been drawn. The consequence to England was 
 that the towns of the Eastern Counties began to 
 swarm with worsted weavers, and the manufacture 
 of cloth, by degrees spreading into other districts, 
 took permanent root on British soil, and became a 
 recognised source of employment and wealth to 
 the English town population. 
 
 It is not perhaps generally known that the result 
 of this Flemish immigration and the internal mi- 
 gration from rural to manufacturing districts which 
 followed as its natural consequence, was so marked 
 that the population of the counties in which the 
 woollen manufacture rooted itself increased with 
 almost incredible rapidity. I believe it may be 
 stated with safety that the counties of Suffolk, 
 Norfolk, and Lincoln, and the East Riding of York- 
 shire, contained as large or a larger population in 
 1347 than, after a lapse of five centuries, they did 
 in 1847.
 
 26 On International Reform. . 
 
 And this important and almost forgotten fact 
 bore other fruits. 
 
 The stream of emigration from the rural to the 
 manufacturing districts naturally bore with it bond 
 as well as free men. It presented a kind of * under- 
 ground railroad,' somewhat analogous to that be- 
 tween slave and free states in America, for the 
 fugitive serf who could prove residence in a free 
 town for a year and a day was legally enfranchised, 
 and beyond the reach of any fugitive slave law. 
 
 The weeding out by the dread pestilence of 
 1348-9 of perhaps two or three millions (out of 
 five or six millions) of the English people struck 
 another blow at the already undermined institution. 
 
 Leaving the number of British acres unreduced, 
 but reducing the number of tillers of them perhaps 
 by one-half, this deadly plague caused great scarcity 
 of labour. The value of the serf, in other words, 
 rose in the market, and, luckily for him, his pluck 
 rose with his sense of power. 
 
 The towns had suffered as much or even more 
 than the country. There was great scarcity of 
 labour in the towns, and consequently the wages of 
 labour rose to double or treble their former amounts. 
 What a premium this on the further immigration 
 of fugitive serfs ! Landowners invoked the aid of 
 Parliament. Statutes were passed reciting that 
 1 a great part of the people had died of the pesti- 
 lence,' and enacting that serfs and labourers should 
 work for the same services and wages as if nothing
 
 Interdependence of Nations. 27 
 
 had occurred. But what were Acts of Parliament 
 in such a case ? In their own recitals we read the 
 history of half a century of constant strikes and 
 risings of the serfs, maintained as strikes are now 
 by systematic contributions, of wholesale immigra- 
 tion of fugitive serfs into the towns by connivance 
 of the townsmen, and finally of the general rising 
 in various parts of England, known as Wat Tyler's 
 rebellion. The result of all this was that serfdom 
 was once for all turned up by the roots and the 
 vegetable phase of the serf's history ended for 
 ever. That portion of the British population 
 which hitherto had been rooted to the soil now 
 became, like the free town population, by its 
 own act, to a great extent detached from the soil, 
 and dependent upon wages in return for free work 
 done. 
 
 Nor was the freedom of the peasantry a one- 
 sided bargain. Serfs having claimed the right to 
 do as they liked with their labour, landlords soon 
 learned to do what they liked with their land. 
 The depopulation of the pestilence had permanently 
 reduced its market value for ordinary agricultural 
 purposes. There were no longer hands enough, 
 bond or free, to till the cultivated land of England 
 as it had been tilled before. And therefore, be- 
 cause it required fewer hands and paid them better, 
 landowners began very naturally to turn arable 
 land by wholesale into sheep walks, and grow wool 
 instead of corn. Because feeding sheep paid them
 
 28 On International Reform. 
 
 better than feeding what villein-tenants still re- 
 mained rooted to the soil, multitudes of these latter 
 were from time to time uprooted, and, in modern 
 phrase, ' ejected ' by the landlords to make room for 
 sheep. Thus was the emancipation of the serfs, as 
 it were, completed and sealed by the landlords. 
 The result of these and other causes was the 
 most important fact in English economic history, 
 that the freedom of British serfs did not end 
 in peasant proprietorship, as in most other Feudal 
 countries. They carried no part of the land with 
 them, as the Russian serfs are doing, but became a 
 free, detached, and, so to speak, loose population, de- 
 pendent upon whatsoever they could turn their hands 
 to ; and mainly upon wages for free work done* 
 
 The social condition of Britain at the com- 
 mencement of the Tudor period may be thus 
 described : 
 
 1st. The population was not nearly so large as 
 
 it had been 300 years before. 
 2nd. The number of labourers employed in 
 agriculture had certainly been greatly 
 reduced; because a much larger propor- 
 tion of the land than formerly was in 
 pasture instead of under the plough. 
 3rd. Although the towns were themselves but 
 the shadows of what they had been before 
 
 * I have, since the above was written, entered much more 
 fully into the history of the causes which produced this effect, in 
 articles contributed to the Fortnightly Review, on ' The Black 
 Death ' and ' The Land Question.'
 
 Interdependence of Nations. 29 
 
 the plague, the proportion of the town or 
 trading population as compared with the 
 agricultural population was probably very 
 much greater than in most countries. 
 4th. The masses of the population, both in town 
 and country, were becoming detached from 
 the soil, hiring out their own labour in the 
 open market, and dependent upon wages 
 for free work done. 
 
 5th. At the same time there existed in England 
 the germs of maritime enterprise and manu- 
 facturing skill. 
 
 In these few facts we have the key to the after 
 history of the British nation. 
 
 Had the masses of the British peasantry emerged 
 out of Feudal serfdom into a condition of peasant 
 proprietorship, as, through gradual stages of 
 tenancy-at-will, copyhold tenure, and so forth, 
 some of them undoubtedly did, had peasant pro- 
 prietorship become the rule instead of the exception, 
 the history of the British nation would have 
 been turned into another groove. A gradually 
 increasing population, gradually bringing new land 
 under cultivation, and increasing only as fast as im- 
 proving agriculture would permit the powerful 
 check afforded by a system of peasant proprietor- 
 ship keeping the population within limits propor- 
 tioned to the limits of the land the land itself, cut 
 up into narrow patches like the land of France, 
 producing, under garden cultivation, food enough 
 
 D
 
 30 On International Reform. 
 
 to feed about as many millions as dwell upon it 
 now ; but those millions, instead of being pretty 
 equally divided between town and country, scat- 
 tered more evenly and densely over the whole land, 
 no Manchesters, and Birmingham^, and Glas- 
 gows, with their tall chimneys and crowded nests 
 of population to break the general monotony such 
 might have been the present condition of England 
 had her early history been other than what it was. 
 
 But the facts being as they were, the masses of 
 the people being at the Tudor period, owing to 
 facts in their past history, detached from the land 
 and dependent upon daily wages, the proportion 
 of town to country population being great and in- 
 creasing, the germ of maritime and commercial en- 
 terprise being already implanted, the British nation 
 was doomed as it were, by its social and economic 
 condition, under the laws of political economy, to 
 take the course which it did take to increase 
 rapidly in population, until at length it burst the 
 narrow limits of its island home. 
 
 We see clear symptoms of the commencement of 
 this rapid increase throughout the Tudor period 
 symptoms exactly the reverse of those which fol- 
 lowed the depopulations of the pestilence of 1348-9 
 a steady fall in wages, and rise in the value 
 of land. 
 
 A race now fairly set in between the increase of 
 population and the improvement and extension of 
 agriculture. So long as more and more land could
 
 Interdependence of Nations. 31 
 
 be brought under cultivation, the race might go 
 on. But while it might last for centuries, it is 
 clear that it could not last for ever. Population 
 in the end must outrun agricultural extension, be- 
 cause the one was necessarily limited while the 
 other was not. 
 
 This point in the nation's history was reached 
 during the closing decades of the eighteenth cen- 
 tury. The fact that the importation of corn then 
 commenced on a large scale afforded an unmistak- 
 able waymark. The population had trebled since 
 the Tudor period, and it became evident, that 
 unless fresh means of subsistence could be found 
 for the rapidly increasing population, or some 
 great and effectual check put upon its increase, the 
 evils and miseries of over-population must be en- 
 countered in all their force. That indeed would 
 be an ill day for England when, like an overstocked 
 rabbit-warren, the only escape from misery and 
 want, to the remainder, would be the periodic 
 thinning out of surplus population, by famine, 
 pestilence, or war! But happily England was 
 saved from so hard a fate by the ingenuity of 
 a few of her sons. It is not too much to say 
 that the discovery of the mode of smelting iron 
 with coal instead of wood, of the cotton jenny, and 
 of the steam engine, doubled the resources of the 
 British nation, and allowed another ten millions to 
 be added to the population without lessening the 
 prosperity of the rest. 
 
 2
 
 32 On International Reform. 
 
 The great revolution brought about by these 
 discoveries was not accomplished without the 
 throes and struggles which accompany all great 
 social revolutions. Transition periods are usually 
 dark ones. The evil becomes deeper, and is more 
 keenly felt on the eve of deliverance. The cure 
 often aggravates the disease for awhile. The pres- 
 sure of over-population was increased for the 
 moment by the introduction of steam power and 
 machinery. Hand-loom weavers waging a hard 
 warfare against the competition not only of their 
 fellows, but also of these new agents which were 
 found to do their work cheaper than poor toiling 
 hands could, did not witness very clearly to the 
 nation's coming prosperity ! 
 
 Population, as it always does, had taken a fresh 
 spring from the development of new resources. 
 An increasing demand for labour had increased 
 both the supply of labourers and the ratio of their 
 increase : and the result was that the adoption of 
 that free trade policy which it is the economical 
 interest of all nations to adopt, had become an 
 absolute necessity to England. The old medieval 
 policy, which would have cooped up a crowded popu- 
 lation within this little sea-girt empire without 
 giving free scope to its resources, could no longer 
 stand against the wild and dangerous discontent its 
 evils stirred up in the hearts of the caged millions. 
 Chartism with its ' monster meetings,' incendiaiy 
 fires, incessant strikes and riots, proved too clearly
 
 Interdependence of Nations. 33 
 
 that the great pulse of the nation was beating in 
 feverish excitement against the bars of its prison- 
 house. The British nation was forced, willingly 
 or unwillingly, to stretch out as it were its arms to 
 other nations, and freely to draw from them in one 
 way or another the needful means wherewith to 
 maintain the prosperity of a people, whose numbers 
 had far outgrown the limits of their little island 
 home and were still rapidly increasing. 
 
 Thus from the fourteenth century downwards, 
 the economic history of England has pursued its 
 course to a very great extent not only without 
 regard to the intentions or policy of successive 
 governments, but directly in their teeth. 
 
 It was in the teeth of acts of Plantagenet par- 
 liaments that the English peasantry became free 
 workers for wages instead of peasant proprietors. 
 It was in the teeth of Tudor legislation that the 
 still further detachment of the people from the soil 
 was accomplished by the rage for sheep farming. 
 It was in the teeth of modern corn laws that the 
 population of England became dependent on 
 foreign supplies of food. The freedom of the pea- 
 santry and the freedom of international commerce, 
 were alike wrung out of reluctant governments. 
 They bowed to necessity no doubt, but in neither 
 case did they do so until they saw it was hopeless 
 to resist. 
 
 And what is the result? Why surely this,
 
 34 On International Reform. 
 
 that having been thus far carried along by a cur- 
 rent which is bearing us still further in a course 
 of dependence on international intercourse a 
 current, the force of which we cannot withstand, 
 and the course of which it is impossible greatly to 
 control we must still further bend our policy 
 whenever necessary to altered circumstances, 
 instead of expecting unalterable laws to bend to 
 our traditional policy. 
 
 And what are our altered circumstances ? 
 Plainly these, we have, under the operation of 
 the laws of political economy, passed, during the 
 past half-century, fairly out of the self-subsistent 
 stage of national life, and irrevocably entered upon 
 a course of great and increasing dependence on 
 international trade. 
 
 It is not only that a million or two of men, 
 women, and children have become dependent on 
 the cotton trade, and that this fact has placed 
 us in the awkward predicament, that, although 
 we annually spend upon our army and navy 
 25,000,000 sterling, the blockade of a few ports 
 3,000 miles away, which we have no right to break, 
 inflicts almost as great an injury on us as the 
 blockaded states. If this were the only instance 
 of our dependence on international trade, it might 
 be treated as an exceptional case, and it might be 
 said with some truth that it would be an unsound 
 policy to legislate for exceptional cases. But it is
 
 Interdependence of Nations. 35 
 
 not so. The silk, on the wages earned in the 
 manufacture of which some 250,000 of men, women, 
 and children are directly dependent, is all imported, 
 like cotton, from abroad. The same may be said 
 of the hemp, upon which about 80,000 are alike 
 dependent. No inconsiderable portion of the flax 
 manufactured in Britain is imported from abroad, 
 and upon this importation somewhere near 80,000 
 persons may be said to be dependent. The 
 stoppage, by blockades or anything else, of the 
 supply of these articles would be tantamount to 
 stopping the wages the bread fund of these 
 hundreds of thousands of honest workmen, just as 
 the stoppage of the supply of cotton stops the wages 
 of the cotton weavers. 
 
 More than this, the wages of the British manu- 
 facturing classes are dependent not only upon the 
 regular importation of the raw material by the 
 manufacture of which they earn their bread. They 
 run a double risk. They are also liable to be 
 stopped or abridged by the stoppage wholly or in 
 part of our export trade to those countries which 
 consume the manufactured article. Thus inasmuch 
 as three-fourths if not four-fifths of the cotton 
 goods we manufacture are exported to other coun- 
 tries; therefore, in addition to the whole bread 
 fund of the million or two dependent upon the 
 cotton trade being liable to be cut short by inter- 
 ruption of our trade with cotton -growing countries, 
 three -fourths at least of that bread fund is also
 
 36 On International Reform. 
 
 liable to be cut short by interruption of our trade 
 with those foreign countries which consume our 
 cotton goods. The interruption of our export 
 trade means, in plain English, mills working half- 
 time or standing altogether. And so in the 
 w6ollen trade, if half our woollen manufactured 
 goods are exported, then half the bread fund of 
 the half million dependent on the manufacture 
 runs the risk of stoppage or abridgment from the 
 stoppage or abridgment of our export trade. If a 
 million are dependent on the iron trade, half their 
 bread-fund runs the same risk. So of the 100,000 
 dependent on the earthenware trade; and the 
 100,000 dependent on the tin trade. And so we 
 might go on. 
 
 With so many millions of citizens (for these 
 figures add up to millions) whose wages are more 
 or less dependent upon the maintenance of peace- 
 ful international intercourse, we can hardly con- 
 ceive of any war of long duration in any quarter 
 of the globe which would not by throwing them 
 out of employment rob thousands of their bread. 
 
 Xor is it the occupation and wages alcne of so 
 many millions of the British people that have be- 
 come thus dependent upon foreign trade and liable 
 to be cut off by the quarrels of other nations or 
 our own. 
 
 During the seven years ending 1858 something 
 like four millions, on the average, of the British 
 nation were annually fed on foreign corn. The
 
 Interdependence of Nations. 37 
 
 fact is clear enough a considerable proportion 
 every year, and after a bad harvest a very large 
 proportion of our food, is imported from other 
 countries, and without that foreign supply millions 
 of our people must inevitably starve. 
 
 Imagine for a moment then what the effect must 
 have been upon England if the war had been be- 
 tween America and some other nation who had 
 blockaded both Northern and Southern ports. 
 Undoubtedly, in addition to the present cotton 
 famine we should have had corn at a famine price 
 too ; and, with corn at a famine price, how would 
 the rest of England have been able to keep alive 
 the half million cotton weavers in addition to their 
 own poor? 
 
 And if we have of late imported more and more 
 of corn from abroad, it seems generally admitted 
 that we are likely to want still larger supplies in 
 future. 
 
 ' The nations of the West ' (observes a writer in 
 the Quarterly Review} ' have gradually become less 
 capable of supplying themselves with food. While 
 thousands of mouths are added daily to the number 
 to be fed, agriculture, with all its marvellous im- 
 provements and scientific appliances, is unable to 
 keep pace with the progress of population. A few 
 years ago England was able to feed her own people 
 from the produce of her own fields ; she now buys 
 grain to the annual value of more than 12,000,000, 
 and it is probable that before many years have
 
 3 8 On International Reform. 
 
 passed England and France together may be under 
 the necessity of importing corn to the annual value 
 of 40,000,000.' Again, the same writer speaks of 
 4 the very probable diminution of cereal cultivation 
 in England, in consequence of the preference now 
 given by many farmers to the rearing of stock.' 
 Owing to the character of her climate he argues 
 that 4 England is placed relatively under very dis- 
 advantageous conditions for the production of corn, 
 while she need fear no rival in the raising of stock ; ' 
 and concludes that 4 a change in the present cha- 
 racter of our husbandry, by laying down a larger 
 proportion of land in artificial grasses, pasture, 
 and green crops seems, therefore, highly probable.' 
 (Quarterly Review, July 1863.) 
 
 There is yet another direction in which the 
 dependence of England on free international inter- 
 course has, during the past half-century, evinced 
 itself. 
 
 The tendency of the free trade policy adopted 
 by England has undoubtedly been to remove those 
 harsh checks upon the increase of population which 
 must otherwise have probably periodically thinned 
 the too crowded ranks of a miserable and ill-condi- 
 tioned people. The increase of employment result- 
 ing from a great export trade, and the abundance 
 of food occasioned by the free importation of corn, 
 have no doubt acted as a direct stimulus to the 
 increase of population. Nor has it been an un-
 
 Interdependence of Nations. 39 
 
 healthy stimulus by any means ; for there is no 
 virtue in a restraint for which there is no necessity, 
 nor can we well find fault Avith an increase for 
 which there is both demand and a fair provision. 
 
 Look at the facts. 
 
 The rate of increase during the last decennial 
 period of the population of the United Kingdom 
 was only *6 per annum, owing to the actual dimi- 
 nution of the population of Ireland after the Irish 
 famine. This may fairly be looked upon as an 
 exceptional case. The rates of increase in the 
 home population of England and Wales were : 
 
 1831-41 . . 1'4 per cent, per annum. 
 1841-51 . . 1-3 
 
 1851-61 . . 1-2 
 
 During the same periods the emigration from 
 the United Kingdom was as follows : 
 1831-41 . . 703,000 
 
 1841-51 . . 1,684,000 
 1851-61 . . 2,287,000 
 
 Thus during these thirty years the rate of in- 
 crease has steadily diminished, while emigration 
 has as steadily increased. During these thirty 
 years 4,674,000 emigrants had left our shores. 
 Between 1815 arid 1860 the number of emigrants 
 was more than 5,000,000. 
 
 We can hardly say that the state of society re- 
 vealed by these figures is other than it ought to 
 be. Whatever the peculiar advantages of a sta- 
 tionary state would be under other circumstances, 
 it would surely be anything but the index of
 
 40 .On International Reform. 
 
 prosperity as things are. A condition of society in 
 which, owing to its prosperity and the elasticity of 
 its resources, the population is rapidly increasing, 
 and in which the new generations, instead of hang- 
 ing heavily on the resources of their parents, 
 rapidly move off to other lands and rely upon their 
 own, is surely under existing moral and economical 
 circumstances a far more healthy one. 
 
 Yet these facts, though illustrating as they do 
 the increased prosperity of our country, illustrate 
 also very strongly the state of dependence upon 
 international intercourse into which we have 
 steadily drifted. What would have happened to 
 England, we may well ask, had her five million 
 emigrants and their descendants remained at home ? 
 Who can tell what a debt of gratitude we owe to 
 America for affording the outlet she has done 
 during the past half-century to at least three-fifths 
 of our surplus population? What should we do 
 for the future, if anything were to occur which 
 should close the channels through which during 
 the past ten years we have been pouring out emi- 
 grants at the rate of 228,000 per annum? 
 
 The importance of this source of relief to the 
 population of the British Empire will at once be 
 seen if we compare the annual number of emigrants 
 with the annual increase in the home population 
 between 1851 and 1861. 
 
 Average number of emigrants per annum from 
 the United Kingdom . . . 228,000
 
 Interdependence of Nations. 41 
 
 Average annual increase in the home population 
 of the United Kingdom . . 152,000 
 
 From this comparison it appears that the rate 
 of annual increase of the population of the United 
 Kingdom would have been much more than 
 doubled had these emigrants remained at home. 
 So dependent has England become upon an outlet 
 to other nations for her surplus population ! 
 
 Now had all this been foreseen and proposed 
 before it came to pass, as a result to be obtained by 
 a certain policy 011 the part of the government, 
 would it not have been firmly opposed? Would 
 it not have been urgently objected that to allow 
 the people of these realms to increase so rapidly, 
 relying upon foreign raw material for their employ- 
 ment, foreign markets for the disposal of their 
 manufactures, foreign corn for their food, and an 
 outlet to foreign lands for one or two hundred 
 thousand per annum of surplus population, was to 
 make the prosperity of the British nation dependent 
 upon the maintenance of everlasting peace with all 
 the world? Would not cautious statesmen have 
 foretold that the first war would bring a nation 
 pursuing such a policy to rack and ruin? Would 
 not they have denounced it as a ' policy of political 
 suicide ' ? Yet in fact we have embarked upon a 
 policy which, to be successful, does require the 
 maintenance of strict justice, peace, and order 
 between nations. Under the irresistible guidance
 
 42 On International Jieform. 
 
 of economic laws, and in spite of some counter 
 legislation, we have pursued this policy with 
 marked success during half a century of all but 
 unbroken peace ; and now at length when its 
 results have attained a magnitude which we never 
 dreamed of, and which bear us on without the 
 least chance of our being able to reverse our policy 
 now we find that we have yet to solve the further 
 problem, how that justice, peace, and order are to be 
 maintained without resort to those commercial block' 
 ades and other usages of war which injlict such 
 grievous injury upon even neutral nations. 
 
 IV. THE ECONOMIC HISTORY OF HOLLAND. 
 
 It will not be needful to dwell long upon the 
 economic history and condition of Holland. The 
 facts are too clear to admit of dispute. 
 
 The population of Holland is denser than the 
 British population. Her imports and exports bear 
 a larger proportion to the population than British 
 imports and exports do. Her commerce is of far 
 longer standing than British commerce; and it 
 may be said with truth to be almost the only 
 string to her bow. Her agriculture is not capable 
 of indefinite extension, and she does not possess 
 that mineral wealth which has fallen to the lot 
 of other countries ; consequently, Holland more 
 than any other country is dependent upon foreign 
 commerce for the prosperity, and even for the very
 
 Interdependence of Nations. 43 
 
 subsistence, of her people. Her history presents 
 the most remarkable instance upon record of 
 national vitality under great natural reverses, and 
 is a signal example of that tenacity of life to 
 which we have alluded as an attribute of com- 
 mercial peoples. 
 
 The Dutch, as a nation, never sank as did most 
 European nations through Feudal auspices into the 
 self-subsistent state. In the first ages of modern 
 history we find them engrossing nearly the whole 
 sea-fishery of Europe, and largely engaged in 
 general international trade. Dutch trading cities 
 were among the first to join the Hanseatic League, 
 and also among the first to secede from it when 
 they had grown strong enough to do without its 
 protection. 
 
 In later times, the internal and international 
 anarchy which ruled everywhere threw the chief 
 part of the carrying trade of the civilised world into 
 the hands of Dutch shipowners. During the 17th 
 century it is estimated that the international trade 
 of Holland was nearly as great as that of all the 
 rest of Europe put together. She is said to have 
 owned nearly half the whole shipping of Europe. 
 
 Then came her reverses : 
 
 1st. As other nations diverted their energies 
 from military to commercial enterprise, 
 her monopoly gave way. She lost the un- 
 natural advantage which she had hitherto 
 enjoyed through their neglect. 
 
 2nd. Though her enormous commerce enabled
 
 44 On International Reform. 
 
 her to push to a successful issue her 
 long struggle with Spain, yet the heavy 
 taxation entailed thereby, and by her wars 
 with England and France, proved more 
 than her already declining commerce 
 could easily support. 
 
 Holland, in consequence, lost that commercial 
 ascendancy which she formerly enjoyed. Neither 
 the French occupation nor the union with Belgium 
 was conducive to her prosperity, and although a 
 brighter day appears to have dawned with her 
 separation from the latter, yet she probably never 
 will regain the relative international position she 
 has lost. 
 
 Notwithstanding, however, that her past com- 
 mercial history may have exceeded in brightness 
 her commercial prospects for the future, the fact 
 remains that her foreign trade is greater in pro- 
 portion to her population than the foreign trade 
 of any other country. 
 
 To protect this commerce she expends more 
 upon her army and navy, in proportion to her 
 population, than any other countries, except Eng- 
 land and France, in addition to bearing the burden 
 of a debt larger in proportion than that of any 
 other country except England. It is obvious also 
 that any further decline in her trade, or decrease 
 in her population, from emigration or otherwise, 
 would greatly increase the burden of these annual 
 charges.
 
 Interdependence of Nations. 45 
 
 In a word, it is clear that the future welfare of 
 Holland, to a still greater extent even than that 
 of England, is dependent on the general main- 
 tenance for the future of peaceful commercial 
 intercourse between nations, and the avoidance on 
 her own part of the expense which any future 
 wars in her own defence must entail upon her. 
 
 V. THE ECONOMIC HISTORY OF BELGIUM. 
 
 BELGIUM has been noted for her manufactures since 
 the age of Charlemagne. If Holland affords the 
 most remarkable instance upon record of tenacity 
 of life in a commercial people, Belgium affords at 
 least as remarkable an instance of tenacity of life 
 in a manufacturing people. For eleven centuries 
 at least Flemish manufacturing industry has held 
 its course through all vicissitudes. This in itself is 
 a remarkable fact. But what makes it doubly 
 remarkable is the further fact that throughout 
 these eleven hundred years from the age of 
 Charlemagne to the present moment the main 
 branch of the manufacture of Belgium has been 
 dependent upon the importation of the raw material 
 from abroad. Flemish weavers imported English 
 and Spanish wool long before the Normans con- 
 quered England. At the present moment nearly 
 all the wool manufactured in Belgium is imported 
 from other countries.
 
 46 On International Reform. 
 
 But although the manufactures of Belgium 
 have survived for so long a period, like the 
 commerce of Holland they have suffered loss and 
 diminution over and over again from inter- 
 national causes. 
 
 That portion of Flemish trade which was con- 
 nected with the Mediterranean, and the overland 
 route to India, of course declined with the decline 
 of Venice and Genoa. This could not be helped. 
 But, from first to last, the chief enemy of Flemish 
 prosperity has been the constant unsettlement of 
 international affairs. We have seen how much 
 Flemish prosperity owed to the protection of the 
 Hanseatic League. But we have also seen how 
 England gained a share of the Flemish woollen 
 manufacture, chiefly in consequence of those inter- 
 ruptions of international trade which the Hanseatic 
 League was powerless to prevent. Her own in- 
 ternal condition moreover the want of unity 
 between her independent towns left her an easy 
 prey to foreign invasion. The death knell of Bel- 
 gium was all but tolled when she passed under 
 Spanish rule. Civil misrule and religious perse- 
 cutions, together with the arbitrary stoppage of 
 the Scheldt for a century, were causes adequate to 
 produce the ruinous results which marked the 
 period of Spanish dominion. If to these causes we 
 add the fact that, during the century succeeding 
 her release from the Spanish yoke, Belgium was to 
 a great extent the battle-field of Europe, we shall
 
 Interdependence of Nations. 47 
 
 have mentioned causes sufficient to account for 
 the decline of her manufacturing industry. 
 
 In the meantime the decline of her manufac- 
 turing industry seems to have thrown her people 
 upon their agricultural resources. And as, like 
 their French neighbours, and from somewhat 
 similar causes, Belgian peasants to a very large 
 extent became proprietors of the soil, it was a 
 natural consequence that the population of Belgium 
 should not increase at a very rapid ratio. 
 
 The agricultural population between 1836 and 
 1855 had hardly increased at all. The figures 
 were : 
 
 1836 . . 3,261,456 
 1856 . . 3,348,189 
 
 The increase in twenty years was 86,733, or *14 
 per cent, per annum. 
 
 But the town population had increased much 
 more rapidly. 
 
 Under the influence of internal and international 
 peace, the old manufacturing spirit has risen again 
 into great and increasing activity. The develop- 
 ment of the great mineral wealth of Belgium has 
 also added largely to her industrial resources. 
 Consequently during the period within which the 
 agricultural population has very much remained 
 stationary, the town population has steadily in- 
 creased. The figures were : 
 
 1836 
 1856 
 
 2
 
 48 On International Reform. 
 
 Shewing an increase of 200,230, or 1 per cent, 
 per annum. 
 
 Thus the proportion of town and country popu- 
 lation has been of late gradually changing, and as 
 the town, or rapidly increasing element, has . in- 
 creased in relative importance, and the rural or 
 stationary element relatively decreased, as a natural 
 consequence the rate of increase of the whole popu- 
 lation has steadily increased also. 
 
 The ratio of town to rural population was as 
 under : 
 
 1836 as 31 to 100 
 1846 as 34 to 100 
 1856 as 35 to 100 
 
 The rate of increase in the total population was 
 as under : 
 
 1836-46 . . '22 per cent, per annum. 
 
 1846-56 . . -63 
 
 1856-60 (about) -70 
 
 The fact would seem to be, therefore, that the 
 extension of Belgian industrial enterprise, and the 
 consequent growth of her town population, are 
 very rapidly removing that check which for a long 
 period the system of peasant proprietorship im- 
 posed upon a population already more densely 
 crowded within their narrow territory than that of 
 any other European State. 
 
 And what is to stop this rapidly increasing in- 
 crease ? So long as in her mining and manufac- 
 turing enterprise there is a demand for labour and
 
 Interdependence of Nations. 49 
 
 a provision for an increasing population, what can 
 stop it ? 
 
 As we have stated, Belgium was rather a manu- 
 facturing than a commercial or maritime nation ten 
 centuries ago, and she is so still. As the King of 
 the Belgians has himself declared, ' the genius of 
 his people is for industrial pursuits at home rather 
 than for a maritime enterprise.' 
 
 A nation without either a merchant or military 
 marine must be peculiarly susceptible of injury 
 from the quarrels of her neighbours ; and Belgium 
 is nearly in this position. She possesses no navy ; 
 and so insignificant is even her merchant marine 
 that its tonnage, if multiplied tenfold, would not 
 bear the same proportion to the value of her im- 
 ports and exports that the tonnage of the British 
 merchant marine bears to the value of British 
 imports and exports. 
 
 To set against this, it may be said that she has 
 the advantage of her perpetual neutrality being 
 guaranteed by the great powers. Undoubtedly 
 she has ; but her peculiar political position, while 
 sparing her the large military expenditure of 
 nations who rely solely on their own power for 
 their own defence, does not do anything to screen 
 her from injuries inflicted by the quarrels of other 
 nations upon neutral commerce. 
 
 She has, like England, to complain of 'great 
 distress in some branches of industry ' which the
 
 50 On International Reform. 
 
 American war and tariff ' have destroyed ' (Mr. Sand- 
 ford to Mr. Seward, May 10th, 1861); and there 
 can be little doubt that her future welfare is as 
 much bound up as that of other nations in the 
 solution of those international problems to which 
 attention is called in these pages. 
 
 VI. THE ECONOMIC HISTORY OF SWITZERLAND. 
 
 The economic history of Switzerland presents 
 considerable analogy to that of Belgium. 
 
 From the fourteenth century she has been dis- 
 tinguished, like Belgium, as a manufacturing rather 
 than as a commercial nation. 
 
 In Switzerland, as in Belgium, agriculture has 
 been carried on side by side with manufactures, by 
 a hardy and thrifty race of peasant proprietors. 
 Consequently two forces, so to speak, have been at 
 work the one tending to check the increase of 
 population, the other tending to produce it. There 
 is in fact in Switzerland, as in Belgium, an almost 
 stationary agricultural population side by side with 
 a rapidly increasing manufacturing population. 
 Thus the rate of annual increase in the manufac- 
 turing Canton of Neufchatel, between 1850 and 
 1860, was 2 '3, and in that of Geneva 2*9, while 
 the rate of annual increase in the wholly agricul- 
 tural Canton of the Orisons was only '09, and in the 
 Canton of Tessin, where there are special laws
 
 Interdependence of Nations. 51 
 
 preventing the sub-division of estates, there was an 
 actual decrease. If we divide the cantons roughly 
 into two divisions, classing Appenzell (ex.), St. 
 Gall, Thurgau, Zurich, Aargau, Basle, Geneva, 
 and Neufchatel, as manufacturing cantons, and the 
 remaining cantons as agricultural, the population 
 and annual increase were as follows : 
 
 Manufacturing Cantons. 
 Population in 1850 964,186 
 do. 1860 1,041,905 
 
 Increase 76,719 or -8 per cent. 
 
 Agricultural Cantons. 
 Population in 1850 1,427,554 
 1860 1,468,589 
 
 Increase 41,035 or '3 per cent. 
 
 These figures are sufficient to show how steadily, 
 as in Belgium, the manufacturing, or increasing 
 element is gaining ascendancy over the agricultural 
 or stationary element of Swiss population. 
 
 Still further: Switzerland like Belgium pos- 
 sesses no merchant marine of her own. She is 
 dependent altogether upon neighbouring nations 
 for the prosecution of her commerce, and inasmuch 
 as owing to the peculiar character of her territory, 
 she possesses very little corn-growing land, and 
 has consequently to import nearly all the corn 
 consumed by her people, it is evident to how great 
 extent her prosperity is bound up with the peaceful 
 maintenance of international intercourse,, without 
 needless interruption or risk of. disturbance.
 
 52 On International Reform. 
 
 VII. GENERAL RESULT AS TO THE ' MOST DEPENDENT' 
 NATIONS. 
 
 To SUM up the main results of this enquiry into 
 the economic history and tendency of the most 
 dependent class of nations : 
 
 1st. Their past history exhibits strikingly the 
 tenacity of life which has characterised 
 their commerce and manufactures. 
 2nd. They have had to suffer greatly, owing to 
 their dependence upon international inter- 
 course, from its interruption at various 
 times, although they have outlived these 
 international storms. 
 
 3rd. They are clearly becoming more and more 
 dependent upon international intercourse, 
 and consequently liable to suffer more and 
 more from its interruption in the future. 
 And, finally, these results appear to be the 
 inevitable consequence, under the laws of nature, 
 of facts in the past history of these nations, and 
 therefore to be beyond their present control. The 
 Governments of these nations cannot prevent this 
 growing dependence of their people upon inter- 
 national intercourse any more than they can stop 
 the rising tide. The current of international 
 history will pursue its course in spite of any 
 legislation of theirs. The web of international 
 inter-dependence will become more and more
 
 Interdependence of Nations. 53 
 
 delicate and intricate. Its separate threads will 
 become more and more entangled together. The 
 clumsy machinery of the present international 
 system will become less and less adequate to 
 meet the needs arising from these altered circum- 
 stances. 
 
 With whatever tenacity, therefore, our states- 
 men may cling to the traditions of the Foreign 
 Office, and seek to maintain the international 
 system as it is, it does not seem likely that circum- 
 stances and the Laws of Nature will be made to 
 bend so as to comport themselves with its harsh 
 methods and antiquated forms. And if circum- 
 stances and laws of nature cannot be made to bend 
 
 to the international svstem, it is certain that the 
 
 tt 
 
 International system will have to bend to them. 
 
 VIII. THE ' SELF SUBSISTENT ' NATIONS. FRANCE. 
 
 IN turning from the ' most dependent ' nations to 
 consider the economic history and tendency of 
 those which as yet have not fully emerged out of 
 the * self-subsistent ' state, it will not be needful 
 for our purpose that we should enter into a detailed 
 examination of the case of each nation separatel} T . 
 But the case of France is so singular and at the 
 
 c 
 
 same time so important, that it may be well to 
 devote a separate section to its consideration.
 
 54 On International Reform. 
 
 France entered with England into the feudal 
 and self-subsistent stage of national life. She also 
 possessed linen, woollen, and silk manufactures of 
 her own as early as the fourteenth century. The 
 great plague of 1348 is stated, moreover, to have 
 reduced by its terrible ravages the larger popula- 
 tion of France in about the same proportion as it 
 did the English population a statement which, 
 having evidence for the fact of the great depo- 
 pulation in England, we cannot doubt was at least 
 founded on fact. But the economic results of the 
 plague do not appear to have been the same in 
 France as in England. It does not appear to have 
 had the intimate connexion with the emancipation 
 of the serfs in France that it had in England. We 
 read indeed of many charters of enfranchisement 
 both before and after the plague ; but nothing of 
 any great emigration of freed or fugitive serfs 
 from the country into the towns. Probably neither 
 the prosperity of the towns, nor the extent of the 
 manufactures, was sufficient to produce such a 
 result. Those feudal serfs who were enfranchised 
 by charter generally carried the ownership of the 
 land with them, as the Russian serfs are now doing, 
 instead of being detached from the land, as in the 
 case of the English serfs. The French peasantry 
 emerged, in fact, out of serfdom into a condition of 
 peasant proprietorship. 
 
 And further, instead of the number of peasant 
 proprietors lessening century after century as in
 
 Interdependence of Nations. 55 
 
 England, successive events have, in the course of 
 French history, from time to time tended to 
 increase the number. Thus, while in Tudor 
 England landlords were ejecting peasants and 
 yeomen and forming large grazing farms, in France 
 the lands of the impoverished noblesse were passing 
 into other hands and undergoing constant subdivi- 
 sion. And again, the religious persecutions, which 
 drove the Huguenot silk-weavers out of France to 
 swell the manufacturing population of England, 
 not only lessened the proportion of the manu- 
 facturing population of France, but rooted still 
 further her rural peasantry to the soil. For it is 
 well known that they caused a still further sub- 
 division of the landed estates. And lastly, the 
 great French Revolution marked another era when 
 the feudal peasantry of France became possessors 
 of land. The result has been that in France there 
 are five or six millions of landed proprietors. Of 
 these about four millions may be fairly classed as 
 peasant proprietors, and they are said to own about 
 one-third of the whole soil of France. 
 
 At the same time, the long periods of civil and 
 foreign war, the religious persecutions and political 
 revolutions, which have marked her history, together 
 with the absence of great mineral wealth, have 
 kept back the town population of France to such 
 an extent, that while in England the population is 
 about equally divided between town and country, 
 in France only one-fifth of the population appear
 
 56 On International Reform. 
 
 to reside in towns of more than fifteen hundred 
 inhabitants. 
 
 With four-fifths of the whole population rural, 
 and the large majority of the rural families living 
 on their own land in a condition of peasant pro- 
 prietorship (that condition which of all others im- 
 poses the most effectual check upon population) 
 France would appear to have inherited from her 
 past history precisely that economic condition which 
 would naturally tend to keep her population 
 within limits proportioned to the limits of her land, 
 and to keep the nation itself for a lengthened 
 period in the self-subsistent stage of national life. 
 
 And what is the fact? France has accordingly 
 until very recently had perhaps the most stationary 
 population of any civilised nation except Austria 
 and Portugal. The census of 1856 revealed the 
 striking fact that during the previous five years 
 the population had hardly increased at all. 
 
 But can even France, with all these economic 
 causes in her favour, continue permanently in the 
 self-subsistent stage of national life? It would 
 appear that she cannot. 
 
 The census of 1856, while it revealed that her 
 total population had hardly increased at all, re- 
 vealed also that France presented no exception to 
 the all but universal tendency of modern nations 
 towards the preponderance of the town or increas- 
 ing element as compared with the rural or sta- 
 tionary element in the population. It revealed the
 
 Interdependence of Nations. 57 
 
 fact that while the rural population had been 
 steadily decreasing the town population had been 
 steadily increasing, chiefly owing to the emigration 
 from the rural districts to the towns. If this state 
 of things were to continue a point must be reached 
 at length where the increasing element must gain 
 a preponderance over the decreasing element, and 
 the ratio of increase in the whole population in- 
 crease with it. 
 
 The census of 1861 has indicated pretty clearly 
 that this point has already been passed. During 
 the five years succeeding the census of 1851 the 
 total population was shown to have increased more 
 than twice and nearly three times as rapidly as it 
 did during the five years which preceded it. 
 
 Should economic laws continue to work unmo- 
 lested by those frequent political vicissitudes which 
 give so uncertain an element to French statistics, 
 there can be little doubt therefore but that the 
 population of France will increase in the future at 
 an increasing ratio. 
 
 Already the value of her imports and exports 
 bears a larger proportion to her population than is 
 the case with the other self-subsistent nations, and 
 with the exception of Italy her population is more 
 dense probably than any of theirs. 
 
 Already about every other year France does not 
 yield enough corn to feed her people, and she is 
 dependent on foreign importations to supply the 
 deficiency.
 
 58 On International Reform. 
 
 Already the wages of some half million of the 
 French working-classes are said to be dependent 
 upon the supply of American cotton, and at this 
 moment they are sharing with us the miseries en- 
 tailed by the American War. 
 
 Already Free trade doctrines are creeping into 
 France, and commercial treaties are entered into 
 with other countries, with the express object of 
 breaking down the barriers which have hitherto 
 unduly checked her international trade. 
 
 Already, in fact, France is embarking, to say the 
 least of it, on a policy which must end in increased 
 international dependence, and when once she has 
 fairly weighed anchor and committed herself to the 
 current, it is hard to see how she can ever return to 
 the old feudal self-subsistent policy, which she 
 has, until recently, so long endeavoured to pursue. 
 
 IX. OTHER SELF-SUBSISTENT NATIONS. 
 
 WITH regard to other nations belonging to the self- 
 subsistent class, it will be sufficient for our present 
 purpose to make one or two general remarks. 
 1st. For the most part their experience proves 
 no exception to the general rule that the 
 town or commercial class in a country is 
 the increasing one, the agricultural, the 
 stationary one. And consequently the 
 tendency, so far as it goes, is towards the
 
 Interdependence of Nations. 59 
 
 ascendancy of the commercial element, 
 even in the case of these nations. 
 
 2nd. However long they may continue in the 
 self-subsistent state, and however far they 
 may lag behind in the race towards a 
 greater and greater dependence on inter- 
 national trade, their condition and interests 
 in these respects differ not in kind but 
 only in degree, from those of the ' most 
 dependent' nations. The peaceful pro- 
 secution of international trade is of great 
 and increasing importance even to them, 
 though it may not be the life and death 
 question to them which it is to the 'most 
 dependent' nations: even its temporary 
 stoppage must injure them, though it may 
 not inflict so dangerous a wound. And 
 nations, like men, are in the habit of pro- 
 viding against less evils as well as against 
 greater ones. They are careful to pre- 
 serve and even increase their prosperity as 
 well as to guard against ruin. 
 
 3rd. It may be remarked further, that although 
 the same international causes may affect 
 these nations as nations less severely than 
 the ' more dependent ' nations, yet from 
 their peculiar geographical and political 
 position, those of their people who do devote 
 themselves to commercial pursuits run a far 
 greater risk of injury and even ruin than
 
 60 On International Reform. 
 
 the commercial classes of the most dependent 
 countries. Wars and even the distant 
 rumours of wars are often found to para- 
 lyse their trade ; and this is in many cases 
 the main reason why these nations are un- 
 naturally kept still in the self-subsistent 
 state, when, had they simply been left to 
 follow their true interests, unchecked by 
 political and international causes, they 
 would ere this have passed into the more 
 dependent stage of national life. 
 It does not therefore need further arguments to 
 prove that the future prosperity even of the most 
 self-subsistent nations is already, to some extent, 
 and is becoming more and more, bound up with 
 that of other nations, in the solution of those inter- 
 national problems to which attention is called in 
 the following pages. 
 
 X. NATIONS IN THE YOUTHFUL STAGE. 
 
 NATIONS passing through the * youthful ' stage are 
 not, as a rule, dependent on international trade for 
 the necessaries of life. But they are in a great 
 degree dependent upon peaceful intercourse with 
 other countries for their supply of luxuries and 
 emigrants, as well as for the means of realising the 
 value of that surplus of natural products in which 
 consists their peculiar wealth.
 
 PAKT II. 
 
 ON THE INADEQUACY OF THE PRESENT INTERNATIONAL 
 SYSTEM AND IN WHAT IT CONSISTS.
 
 CHAPTER i. 
 
 I. RESULTS OF THE PRECEDING ENQUIRY. 
 
 THE results of the foregoing enquiry may be 
 stated thus : 
 
 1st. Two nations, Holland and England, fairly 
 are launched as it were upon a course 
 of dependence upon other nations, not 
 only for luxuries, but even for the means 
 of employment and the supply of food 
 for their people. 
 
 2nd. Other European nations, by reason of the 
 universally more rapid growth of their 
 town as compared with their rural popu- 
 lation, are more or less steadily tending 
 towards the same goal. Some of them, 
 especially France and Belgium, are already 
 approaching the verge of the self-subsistent 
 state, and are fast preparing to follow 
 Holland and England into the dependent 
 stage of national life. 
 
 3rd. Young countries, in all quarters of the 
 globe, are rapidly rising by means of 
 international intercourse in the scale of 
 nations, and are dependent, as nations in 
 this stage always are, upon the .older 
 
 * 2
 
 64 On International Reform. 
 
 nations rather for luxuries and emigrants 
 the means of enjoying and increasing 
 their surplus wealth than for the actual 
 necessaries of life. 
 
 Combining these results into one wide view of 
 the whole, we find the population of civilised 
 Christendom rapidly increasing ; we find it spread- 
 ing over new lands where the raw products of 
 the earth are more abundant. We find, in con- 
 sequence, the necessaries of human life tending 
 to become more abundant and cheaper, and a 
 larger and larger proportion of the human race 
 set at liberty, in consequence, for the contri- 
 vance and manufacture of the luxuries of life. 
 We find these latter becoming more and more 
 diffused amongst the masses of the people, and 
 even wheedling their way into barbarous and half- 
 civilised countries; and the consequence of this 
 again is a growing mutual dependence springing 
 up even between civilised and uncivilised nations. 
 In a word, we find the system of division and co- 
 operation of labour forcing its way into inter- 
 national as well as social society, economising for 
 the benefit of all nations the labour and wealth 
 of each the several countries and peoples pro- 
 ducing what the commonweal of nations most 
 requires, and what they are best fitted and able to 
 supply.
 
 Inadequacy of War. 65 
 
 II. MODERN MODES OF WARFARE ARE BECOMING 
 INCREASINGLY INJURIOUS TO NEUTRALS, AND 
 INCREASINGLY INEFFICIENT IN THE HANDS OF 
 BELLIGERENTS. 
 
 SUCH being the economic history, condition, and 
 tendencies of international society, it remains 
 very briefly to point out the chief practical 
 results which have followed, affecting the ques- 
 tion immediately under discussion in this Essay. 
 They are two : 
 
 1st. The practice of Modern Warfare is be- 
 coming more and more injurious to the 
 interests of nations, and especially of 
 neutrals. 
 
 2nd. It is at the same time becoming less arid 
 less efficient, as a means of attaining the 
 ends of international justice, in the hands 
 of belligerents. 
 
 Especially clear are these two facts, if we regard 
 
 the question strictly from an English point of view. 
 
 England, as a maritime nation, has hitherto 
 
 relied chiefly on her naval power. She has used 
 
 her naval power in war chiefly in two ways : 
 
 1st. By destroying her enemies' ships, both 
 
 merchant and others. 
 2nd. By blockading her enemies' ports. 
 It has been said again and again by the de- 
 fendants of the status quo, that in the right of
 
 66 On International Reform. 
 
 England to do these two things, her naval power 
 mainly consists. It is urged that if the first were 
 taken away, our navy would have nothing to prey 
 upon ; if the second, it would have nothing to do ; 
 if both were abolished, our navy would be reduced 
 very much into a naval fortification a kind of 
 national body-guard. The Prime Minister (Lord 
 Palmerston) declared emphatically, in reply to 
 Mr. Cobden, that to abolish these maritime rights 
 would be to commit political suicide. 
 
 Two centuries ago these rights were far more 
 effective and far less injurious than they are now. 
 The right of capturing enemies' ships was at that 
 time a most effective belligerent right to England, 
 for while her naval supremacy was all but undis- 
 puted, the commerce of the world was, to a great 
 extent, carried on by the commercial ships of other 
 nations, and in time of war these were an easy 
 prey. And while it was an effective weapon of 
 warfare in her own hands, it was not a very 
 injurious one when used by other nations against 
 her. For not one-fourth of the commercial ships 
 on the seas belonged to her more than three - 
 fourths belonged to other nations.* 
 
 But it is not so now. England is said to have 
 as many merchant ships on the ocean as the rest 
 of the world put together. 
 
 Now that all ships of belligerents are still liable 
 to capture, while enemies' goods in neutral ships 
 
 * McCulloch's ' Commercial Dictionary,' under Amsterdam, 37.
 
 Inadequacy of War. 67 
 
 are no longer liable to capture, it is plain that in 
 case of our going to war higher rates of insurance 
 would be charged on the cargoes of our ships as 
 compared with those of neutral ones, and that 
 this fact alone would in great measure cripple our 
 shipping interest without a blow being struck. 
 Our ships would probably either lie idle in our 
 clocks, be transferred into neutral hands, or pursue 
 their wonted voyages with less paying cargoes 
 and under risk of capture. A greater blow to 
 our shipping interest than this could hardly be 
 conceived. 
 
 And if the right of capturing enemies' ships is 
 becoming more and more injurious to ourselves, 
 it is also becoming less and less effective as a 
 belligerent weapon in our hands as against other 
 nations. 
 
 For if on the outbreak of war our enemies carry 
 on (as they must do) their commerce in neutral 
 ships, our navy will have no right to touch their 
 commerce at all. Of what use then to us will 
 this suicidal right be ? Its effectiveness as a belli- 
 gerent weapon is evidently gone. It is surely a 
 pity that its power of injuring ourselves should 
 be permitted to remain. 
 
 It certainly looks like a suicidal policy to persist 
 in wearing a double-edged weapon, whose blunted 
 edge is presented to our enemies and the sharp 
 edge turned in against ourselves ! 
 
 And the same may, to a great extent, be said
 
 68 On International Reform. 
 
 of the right of blockading an enemy's ports. It 
 is easy to show that this also as a belligerent 
 right has become more and more injurious to 
 neutrals and less and less efficient as a warlike 
 weapon to belligerents ; and especially so in the 
 case of England. 
 
 It is admitted by both opponents and defenders 
 of what are called commercial blockades, that all 
 nations except England are willing, nay anxious, 
 that commercial blockades should be abolished; 
 the advocates of their abolition urging the injury 
 suffered by neutral nations from the practice. 
 
 The defenders of commercial blockades retort, 
 that of course all other nations must delight in 
 their abolition, because it would be tantamount to 
 disarming England of the most powerful weapon 
 whereby she has hitherto maintained her maritime 
 supremacy. 
 
 It is somewhat strange, certainly, that the only 
 nation anxious to keep up the right of blockading 
 an enemy's coast should be England, the one 
 nation (with the exception, perhaps, of Holland) 
 which of all the nations of the earth would suffer 
 most seriously from the blockade of the ports of 
 other countries, and could not possibly survive for 
 long a blockade of her own ! 
 
 As was shown in a former chapter, England and 
 Holland are many times more dependent upon 
 foreign commerce than any other nation. To 
 England and Holland alone of all nations would
 
 Inadequacy of War. 69 
 
 a strict blockade be absolutely and speedily 
 ruinous. Other nations Russia, Belgium, Austria, 
 Prussia, the United States, and perhaps France 
 have within themselves more of the necessaries 
 of life than they themselves require, and could, 
 therefore, endure an endless blockade ; but Eng- 
 land and Holland cut off from foreign supplies of 
 food must starve in a year or two, and suffer 
 grievous privation and misery before even many 
 months of isolation were over. 
 
 Finally, as the dependence of nations on inter- 
 national commerce increases, the injury inflicted 
 by commercial blockades must obviously increase 
 also. 
 
 And now as to the growing inefficiency of the 
 right of blockade as a belligerent weapon. There 
 are very few countries now which can be blockaded. 
 The increased railway communication between 
 nations has opened out many new channels 
 whereby nations blockaded on their shores may 
 yet carry on all needful commerce by land and 
 through other nations' ports. 
 
 Again, that certainly is not an effective weapon 
 which wounds the wielder of it more than the 
 enemy upon whom the blow is struck. And yet 
 in many cases the right of blockade must be so in 
 the hands of England. For were England and the 
 United States to go to war (which God forbid!) 
 the blockade of the ports of the United States 
 would cut off from her the supply of a few luxuries,
 
 70 On International Reform. 
 
 while it would cut off from England both corn and 
 cotton in the midst of the inevitable expenses and 
 trials of a state of war ! There can be no doubt 
 that however destructive a weapon the right of 
 blockade may be in certain cases, yet, against some 
 nations at least, it is in our hands so inefficient, 
 that in case of actual war we should be glad enough 
 to let it lie idle in its scabbard. 
 
 It is not proposed here to discuss the different 
 plans which have been suggested to prevent the 
 injury to commerce which results from the exer- 
 cise of these self-destructive belligerent rights. 
 Suffice it to say that whatever plans have been 
 proposed agree in attempting partially to disarm 
 maritime war, and that the only argument of any 
 weight raised against the principle involved in 
 them is, that the more you disarm the more you 
 destroy the efficiency of war ! It is alleged that it 
 is of no use to destroy the efficiency of war so long 
 as it is the only mode whereby nations can maintain 
 their rights. 
 
 And here the controversy rests. In the mean- 
 time we enter into commercial treaties, and become 
 more and more dependent upon the maintenance 
 of international peace and justice. We keep up 
 a kind of see-saw between additional fortifications 
 on the one hand and reduced military expenditure 
 on the other hand, as the counsels of one or the 
 other political party happen to prevail. Twenty- 
 five millions of hard-earned money slip through
 
 Inadequacy of War. 71 
 
 our fingers each passing year to maintain a system 
 acknowledged to be utterly powerless as a protection 
 from the evils cast upon us by the quarrels of 
 others, and becoming less and less effective as a 
 means of promptly and justly settling our own.
 
 72 
 
 CHAPTER II. 
 
 I. ON THE DISTINCTION BETWEEN LYNCH LAW 
 AND POSITIVE LAW. 
 
 IN proceeding now to the most important part 
 of the argument contained in these pages that 
 part of it in which the gist of the whole of it may 
 be said to lie it is very needful that it should be 
 guarded, at the onset, from doubt or confusion 
 arising from the want of clearly understood 
 terms. 
 
 It will readily be granted that there is a clear 
 and marked distinction between a condition of 
 society in which private individuals ' take the law 
 into their own hands ' and ' do themselves justice] 
 by resort to what in common language we call 
 LYNCH LAW,* and a condition in which an efficient 
 system of POSITIVE LAW is firmly established, by 
 resort to which individuals obtain justice and 
 maintain their rights. 
 
 Nor can it be denied that there is a distinction 
 equally clear and marked between a condition of 
 international society in which nations ' take the 
 
 * ' Lynch Law. Punishment inflicted by private individuals 
 without the forms of law.' (Webster.)
 
 International Lynch Law. 73 
 
 law into their own hands ' and ' do themselves 
 justice ' by resort to what may very fairly be 
 called International Lynch Law, and a condition 
 of international society in which the rights of 
 nations are defined and guarded by a system of 
 Positive International Law. 
 
 The analogy between civil and international 
 society in this particular, as in others, may not 
 be perfect throughout ; but in all that constitutes 
 the essence of Lynch Law on the one hand and 
 Positive Law on the other hand, the prevalence 
 of the one or the other, in international no less 
 than in civil society, is a fact often witnessed and 
 readily understood. 
 
 It is apprehended, e.g., that no one will deny that 
 the state of early feudal society in which private 
 wars were carried on by feudal chieftains, was 
 marked to that extent at least by the prevalence 
 of Lynch Law. 
 
 4 Because (writes Guizot) the system of judicial 
 guarantees was vicious and powerless; because no 
 one had faith therein, and cared not to have 
 recourse to them ; in a word, in default of something 
 better, men did themselves justice; they protected them- 
 selves? (History of Civilisation, iii. p. 179.) 
 
 That is to say, in default of an adequate legal 
 judicial system they resorted to Lynch Law to 
 maintain their rights. And so, I apprehend, it can- 
 not any more be denied that a state of international 
 society in which, in default of international positive
 
 74 On International Reform. 
 
 law, nations ' did themselves justice ' and protected 
 themselves, would be a state of international society 
 marked to that extent at least by the prevalence of 
 what would be fairly called International Lynch Law. 
 
 And the analogy may be pushed one step 
 further. The prevalence of a common code of 
 morality or of commonly recognised rules of action 
 tempering the harshness of private war between 
 feudal chiefs would not in itself be considered as 
 changing its radical character. So long as feudal 
 chieftains continued, under that code of morality, 
 to do themselves justice and take the law into their 
 own hands, Lynch Law, it would still be said, pre- 
 vailed, though to a less licentious extent and under 
 a somewhat mitigated form. 
 
 It was so in fact, for (continues M. Guizot) 
 4 Private warfare and judicial combat became 
 established institutions, regulated according to 
 fixed principles and with more minutely deter- 
 mined forms even than those of the pacific process. 
 .... Men at this period had recourse to force : 
 it was force which was to decide the question, but 
 they desired to introduce into its judgment as 
 much regularity, as much equity as it would allow 
 of (p. 182). And so, in international affairs, the 
 mere fact that rules of international morality were 
 commonly recognised by nations, and that war 
 between nations had become an established in- 
 stitution, regulated according to fixed principles, 
 would not change the radical character of Interna-
 
 International Lynch Law. 75 
 
 tional Lynch Law. If, having no other method of 
 redressing their wrongs, nations had direct recourse 
 to force, taking the law into their own hands and 
 doing themselves justice, it would be Lynch Law 
 which still decided international disputes, although 
 nations might have tried to introduce into its prac- 
 tice as much regularity, as much equity as it would 
 allow of. 
 
 Hence, though it may be a matter of question 
 whether the term Lynch Law be an elegant or a 
 classical term to apply to the practice of nations 
 or of men ' taking the law into their own hands,' 
 'doing themselves justice,' and protecting them- 
 selves, in default of adequate legal and judi- 
 cial institutions, it must, I think, be admitted that 
 the term, if it applies to the case of the one, applies 
 equally to the case of the other. In neither can 
 the existence of commonly accepted rules of mor- 
 ality or of humanity tempering some of its harshness 
 radically change the character of what in its essence 
 is Lynch Law. 
 
 Such being the distinction in principle between 
 Lynch Law and Positive Law, there remains the 
 question of fact, how far International Lynch Law 
 is still prevalent in international society; and how 
 far it has in fact been supplanted by the institution 
 of positive international law.
 
 76 On International Reform. 
 
 II. THE ATTEMPT OF GKOTIUS AND HIS FOLLOWERS 
 TO REFORM INTERNATIONAL MORALITY. 
 
 IN a former chapter it was pointed out that 
 modern international history dates from the esta- 
 blishment of the modern idea of a nation from 
 the period when the idea of universal dominion 
 gave place to that of territorial sovereignty, and 
 nations became attached, as it were, to the countries 
 inhabited by them. 
 
 It will readily be seen that so long as any trace 
 of the old idea of universal dominion lingered in 
 the minds of nations or their rulers, international 
 relations must of necessity have been so inextricably 
 entangled and confused, the asserted rights of one 
 nation so utterly inconsistent with the rights of 
 every other, that anything like an organised inter- 
 national system was impossible. 
 
 While princes laid fanciful claim to one another's 
 thrones, and formed and broke off alliances simply 
 when it suited their own selfish schemes, no matter 
 how many solemn treaties were thereby broken or 
 how much unjust injury inflicted, Lynch Law 
 was not only the only law actually in force between 
 nations, but also the only law possible. 
 
 Any adequate examination into the state of in- 
 ternational affairs during the 16th century the 
 age immediately preceding that of Grotius would 
 make it clear at once that European nations had
 
 Inadequacy of the Present System. 77 
 
 by no means emerged fully from the transition 
 period of international history. It would show 
 that while, on the one hand, their idea of sovereignty 
 nominally was the modern territorial idea, yet in 
 practice they aimed at something much more ex- 
 tended and indefinite than any mere sovereignty 
 over their own immediate kingdom. 
 
 And whatever improvement may have taken 
 place in the interval, the unbridled extent to which 
 Lynch Law was carried in the age of Grotius the 
 founder of the present international system was, 
 he tells us himself, the evil to correct which he wrote 
 his treatise De Jure Belli ac Pads. It was one of 
 the ' weighty reasons ' why he wrote it. ' I observed 
 (he writes) throughout the Christian world a licen- 
 tiousness in regard to war which even barbarous 
 nations ought to be ashamed of: a running to 
 arms upon very frivolous or rather no occasions, 
 which being once taken up there remained no 
 longer any reverence for right either divine or 
 human, just as if from that time men were autho- 
 rised and firmly resolved to commit all manner of 
 crimes without restraint.' (Preliminary Discourse, 
 De Jur. Bel. ac Pac.) 
 
 He clearly saw that it was by law of nature (and 
 that in the proper sense as we have defined it) 
 that men were driven to form social relations. 
 ' The Author of nature was pleased (he says) that 
 every man in particular should be weak of him- 
 self, and in want of many things necessary for 
 
 G
 
 78 On International Reform. 
 
 living commodiously to the end that we might 
 more eagerly affect Society.' 
 
 He saw clearly, also, that owing to this inter- 
 dependence of individuals, no social community 
 can be preserved, not even a society of Robbers, 
 without some respect for justice and right. And 
 he saw, too, that the same principle applied to 
 the intercourse as well of nations as of men. The 
 necessity of the practice of justice between citizens 
 is visible (he said) to all; 'but great States that 
 seem to have within themselves all things neces- 
 sary for their defence and well-being, do not (he 
 continues) seem to some to stand in need of that 
 virtue.' 
 
 But although, as we have pointed out, the 
 nations were passing through the self-subsistent 
 stage of national life, yet Grotius could see clearly 
 enough that, nevertheless, ' there is no State so 
 strong or well-provided but what may sometimes 
 stand in need of foreign assistance, either in the 
 business of commerce or to repel the joint forces of 
 confederated nations.' 
 
 And from this he argued consistently that ' if 
 there is no community which can be preserved 
 without some sort of right, as Aristotle proved 
 by that remarkable instance of robbers, certainly 
 the society of mankind or of several nations can- 
 not be without it.' 
 
 Starting, then, from the fact that there existed 
 only to a very partial extent indeed any system of
 
 Inadequacy of the Present System. 79 
 
 positive international law, he proceeded, in the 
 first place, to lay down what, upon that assump- 
 tion and under those circumstances, nations were 
 bound in natural justice to do and leave undone 
 in their intercourse with one another. 
 
 ' The leading object of Grotius and of his imme- 
 diate disciples and successors (writes Wheaton) in 
 the science of which he was the founder seems to 
 have been 1st, to lay down those rules of justice 
 which would be binding on men living in a social 
 state, independently of any positive laws of human 
 institution, or, as it is commonly expressed, living 
 together in a state of nature ; and 2nd, to apply 
 those rules, under the name of Natural Law, to 
 the mutual relations of separate communities living 
 in a similar state with respect to each other.' 
 (Wheaton, I. p. 33.) 
 
 Vattel also rested upon this fundamental prin- 
 ciple the rules of international natural justice and 
 morality which it was his chief aim to promul- 
 gate. 
 
 ' Nations,' he says, ' being composed of men 
 naturally free and independent, and who, before 
 the establishment of civil societies, lived together 
 in a state of nature, nations, or sovereign states, 
 are to be considered as so many free persons living 
 together in the state of nature.' 
 
 And he thus expresses the object of his book : 
 ' In this treatise it will appear in what manner 
 States, as such, ought to regulate all their actions.' 
 
 G 2
 
 80 On International Reform. 
 
 It will be seen, therefore, that those rules and 
 maxims of natural justice which Grotius and his 
 followers promulgated as binding upon nations in 
 foro conscientice were in reality far more a code of 
 international morality than of international law, in 
 the commonly received meaning of the term law. 
 
 Nor did Grotius or Vattel confuse the system 
 of morality which it was their chief aim to pro- 
 mulgate, with what they recognised as a distinct 
 thing altogether a system of positive law. We 
 shall see this perfectly clearly when we come to 
 speak more fully of their views with reference to 
 the latter. 
 
 Nor do even those who still cling to the phrase 
 international law as applied to what are merely 
 rules of international morality deny the existence 
 of the radical distinction between them and the 
 enactments of positive law. 
 
 It does not therefore seem necessary to bring 
 forward any further authorities in support of an 
 opinion which, when fairly looked into, can hardly 
 be disputed. 
 
 It will be seen that in the preceding pages I 
 have purposely given the object and opinions of 
 Grotius and others in the words of Wheaton, so 
 that the reader may judge for himself whether I 
 have unconsciously misrepresented them to suit 
 the purposes of my argument. It is fair, however, 
 to say that in the paragraph in which Dr. Philli- 
 more alludes to this subject, he argues that the
 
 Inadequacy of the Present System. 81 
 
 rules of international morality are in a sense inter- 
 national laws. But if I mistake not, the evident 
 dislike of the Doctor to the term international 
 morality, and the reasons why he thinks it of im- 
 portance to maintain the use of the term ' inter- 
 national law ' for what he does not deny is merely 
 moral doctrine, must, in itself, tend to support the 
 view urged in this chapter. 
 
 The modern international system grew up while 
 the nations were still passing through the self- 
 subsistent stage of national life, when as yet the 
 need had not arisen, or was not felt, for a complete 
 system of positive international law. A thorough 
 reform of international morality was in their day 
 the pressing need of international society, and this 
 reformation was the great work which Grotius and 
 his successors attempted, and as a matter of fact 
 have in great measure accomplished. 
 
 III. GROTIUS AND HIS FOLLOWERS ADMITTED THE 
 EXISTENCE AND NECESSITY OF ' POSITIVE ' 
 INTERNATIONAL LAW. 
 
 It has been seen that the great work which 
 Grotius proposed to himself, and so successfully 
 achieved, was the promulgation of sound rules of 
 international morality. 
 
 But did Grotius mean that international reform 
 should stop with the attainment of this object?
 
 82 On International Reform. 
 
 Was there never to be any positive law between 
 nations, practically regulating international action, 
 in accordance with the general principles of inter- 
 national morality? 
 
 Puffendorf seems to have thought that positive 
 law would be out of place between nations. 
 Speaking of the rules of international intercourse 
 observed by tacit consent among civilised nations 
 the only approach to positive law which existed 
 in his day he remarks : 
 
 ' If one engaged in a lawful war shall neglect 
 them and profess that he will not be bound by 
 such restraints, provided that what is contrary to 
 them may be rightly done according to the law 
 of nature [i.e. natural justice], he is guilty of no 
 other sin but a sort of unskilfulness in not 
 adjusting his proceedings to the nice models of 
 those who reckon war in the number of the liberal 
 studies, as a gladiator is accused of inexpertness 
 when he wounds his antagonist otherwise than by 
 rules of art. Whoever, therefore, wages war in a 
 just cause may slight these formalities at pleasure, 
 and govern himself purely by law of nature. . . 
 Nor have those men any good reason of complaint 
 who censure this doctrine as a notion by which 
 the security, the interest, and the safety of nations 
 are robbed of their surest guards and defence. . . 
 The observance of the law of nature affords them 
 a much more sacred support one which whilst 
 they enjoy they have little need of inferior methods
 
 Inadequacy of the Present System. 83 
 
 of protection.' (Puffendorf, bk. II. c. iii. s. 23; 
 p. 151.) 
 
 Puffendorf thus clearly denies not only the 
 existence, but also the need, of any positive inter- 
 national laws. The laws of national justice i.e. 
 of international morality he held to be the only 
 and sufficient rule of international action. Positive 
 international laws would be an ' inferior method of 
 protection.' 
 
 But not so Grotius. In an age when there were 
 hardly any positive laws of nations clearly denned 
 and in force, he clearly asserted their existence and 
 the need of their existence. He distinguished, 
 more or less clearly, between the rules of inter- 
 national morality (jus naturae} and what he called 
 laws of nations (jus gentium]. 
 
 4 Grotius (writes Wheaton) considers the law 
 of nations as a positive institution, deriving its 
 authority from the positive consent of all or the 
 greater part of nations, which he supposes to be 
 united in a social compact for the purpose.' 
 
 And again, ' Grotius states that the jus gentium 
 acquires its obligatory force from the positive 
 consent of all nations, or at least of several.' 
 
 Thus, then, the laws of international morality 
 of natural justice which he wrote his book to 
 define and promulgate T were not in themselves, 
 in his view, positive ' laws of nations,' unless 
 or until they were adopted by the express or implied 
 consent of most civj]i.ed nations. Where rules of
 
 84 On International Reform. 
 
 international conduct were thus adopted, he con- 
 sidered that they became, as between those na- 
 tions, positive laws, whether they were consistent 
 or not with the laws of natural justice. In some 
 instances some nations recognised different posi- 
 tive laws of this kind from those recognised by 
 others, and it was evidently his desire, in promul- 
 gating sound views of natural justice, so to in- 
 fluence the usages of civilised nations as to make 
 them comport with his own sound views, and so 
 in the long run to mould thereby the positive 
 law of nations which the common usage of nations 
 creates. 
 
 Bynkershoek, rejecting the view of Puffeiidorf, 
 also held with Grotius that the usage of nations 
 was the basis of the law of nations. 
 
 In a passage quoted by Wheaton, he says that 
 4 the law of nations is that which is observed in 
 accordance with the light of reason between na- 
 tions, if not among all, at least certainly among the 
 greater part, and those the most civilised.' 
 
 And so also Vattel, in speaking of the positive 
 law of nations, expresses himself thus : 
 
 ' When a custom or usage is generally esta- 
 blished, either between all the civilised nations of 
 the world, or only between those of a certain con- 
 tinent, as of Europe for example, or between those 
 who have a more frequent intercourse with one 
 another ; if that custom is in its own nature indif- 
 ferent, and much more if it be useful and rea-
 
 Inadequacy of the Present System. 85 
 
 sonable, it becomes obligatory on the nations in 
 question, who are considered as having given their 
 consent to it, and are bound to observe it towards 
 each other as long as they have not expressly 
 declared their resolution of not observing it in 
 future.' (Vattel, Ixv.) 
 
 And he remarks further that the positive laws of 
 nations i.e. those laws which proceed from the 
 will of nations are of three kinds : ' the voluntary, 
 from their presumed consent ; the conventional, from 
 an express consent ; and the customary, from tacit 
 consent.' 
 
 And he concludes his remarks by laying down 
 the rule that while nations, in examining what is 
 their own duty, should consult the laws of natural 
 justice which are always obligatory in the con- 
 science, in examining what they may demand of 
 other nations they should consult the positive law 
 of nations. 
 
 Finally, Wheaton adds his own authority to that 
 of the earlier jurists in the following words : ' The 
 international law of Christendom began to be fixed 
 about the time of Grotius, when the combined 
 influence of religion, chivalry, the feudal system, 
 and commercial and literary intercourse had 
 blended together .the nations of Europe into one 
 great family. This law does not merely consist of 
 the principles of natural justice applied to the 
 conduct of States considered as moral beings. It 
 may, indeed, have a remote foundation of this
 
 86 On International Reform. 
 
 sort, but the immediate visible basis on which the 
 public law of Europe, and of the American nations 
 which have sprung from the European stock, has 
 been erected, are the customs, usages, and conven- 
 tions observed by that portion of the human race 
 in their mutual intercourse.' (Wheaton, I. 51.) 
 
 We arrive, therefore, at the clear result that in- 
 ternational jurists, from Grotius to Wheaton, have, 
 with but few exceptions, made a more or less clear 
 distinction between the rules of natural justice or of 
 international morality on the one hand, and posi- 
 tive international law on the other. The former 
 they called the law of nature, the latter the law of 
 nations. 
 
 They granted, therefore, in principle the neces- 
 sity of positive international law, and themselves 
 aimed at the correction and extension of whatever 
 of positive international law existed in their own 
 times. 
 
 IV. WHAT POSITIVE INTERNATIONAL LAW EXISTS 
 IS VERY INADEQUATE, AND INTERNATIONAL 
 LYNCH LAW STILL PREVAILS. 
 
 While thus the greatest international authorities 
 may be cited in support of the necessity of positive 
 international law, and its partial existence in their 
 times as well as in our own, yet we must by no 
 means jump to the conclusion that because of the
 
 Inadequacy of the Present System. 87 
 
 partial existence of positive international law, the 
 prevalence of international Lynch Law has been 
 practically put an end to. 
 
 It remains to be shown whether it is so fully 
 established as really to supersede the resort on the 
 part of nations to Lynch Law, as really to make it 
 no longer needful for nations ' to take the law into 
 their own hands and do themselves justice.' And 
 again it requires consideration whether much of what 
 is really established usage on the part of nations be 
 not analogous to those usages by which private 
 war was in feudal times regulated and its harshness 
 in some measure tempered, rather than to what 
 ought to be regarded as really positive law. 
 
 In the first place, with some marked exceptions 
 such as the declaration of the slave trade to be 
 piracy, and the declaration of Paris of 1856, to both 
 of which the express positive consent of all nations 
 bound thereby has been solemnly given, it may 
 well be questioned whether the rules of inter- 
 national action be sufficiently clearly defined to 
 admit of their being regarded as to the full extent 
 at least positive laws. 
 
 In the second place, the absence of any judicial 
 or authoritative mode of interpreting these con- 
 suetudinary laws of nations gives them a vagueness 
 which at once distinguishes them from the un- 
 written law of civil society. The common law of 
 England, e.g., is for the most part clearly defined 
 by judicial precedent, which giving the positive
 
 88 On International Reform. 
 
 sanction of the State to the point of law decided, 
 from time to time supplies almost as fully as would 
 special enactment the positive element which cha- 
 racterises the common law of England. 
 
 In the third place, however fully they may be 
 thought by some to possess the characteristics of 
 positive law, they are analogous to the maxims by 
 which private war was regulated in feudal times in 
 this essential particular, that instead of providing 
 a legal and judicial substitute for Lynch Law, i.e. 
 for the system of each nation ' doing itself justice 
 and taking the law into its own hands,' they rather 
 organise this system and seek to introduce into its 
 practice ' as much equity as it will admit of.' 
 
 Under these laws what is in fact international 
 private war has become an institution regulated by 
 fixed principles, just as much as feudal private war 
 did ages ago, instead of it being superseded by 
 legal and judicial institutions. 
 
 Hence, therefore, the most that can be said of a 
 large portion of international law whether, strictly 
 speaking, positive law or not is that, like the old 
 feudal code of private war, it tends to temper the 
 harshness of Lynch Law without superseding its 
 practice. 
 
 And lastly, even with regard to the declaration 
 of Paris itself, so far as there exists no other method 
 of interpretation but that of each nation judging 
 for itself what it means, and so far as there exists 
 no other method of enforcing it but that of each
 
 Inadequacy of the Present System. 89 
 
 nation taking the law into its own hands and doing 
 itself justice by its own military and naval power 
 so far Lynch Law still in our own times prevails 
 between nations ; causing cotton famines, destroying 
 peaceful commerce, and thereby robbing thousands 
 and hundreds of thousands, and it maybe millions, 
 of innocent citizens of even neutral nations of the 
 wages on which they are dependent for their daily 
 bread ! 
 
 This is what, I trust, the terrible evils of the pre- 
 sent war will startle the British public into seeing ; 
 for look at it as we will, I cannot see a single loop- 
 hole through which we can escape from the most 
 unpalatable truth. 
 
 The American War will not have been an un- 
 mixed evil if it open our eyes to the injury which 
 the pursuit of right by the harsh methods of inter- 
 national Lynch Law inflicts, and is always likely 
 to inflict, upon friend and foe alike ; and especially 
 if at the same time it force us to recognise the 
 utter inadequacy of those methods, even with all 
 the refinements of modern warfare, as means of 
 promptly bringing to a just or an unjust conclusion 
 an international dispute. 
 
 Were the power all on one side, no doubt it 
 might seem to be otherwise. In such a case, a dis- 
 pute may be forced to a conclusion at any moment 
 by the nation whose brute force is superior. The 
 weaker Power, whether in the right or the wrong, 
 will yield, though it may be under protest. But
 
 90 On International Reform. 
 
 no end of justice is gained. The dispute has not 
 been finally settled. The embers may smoulder 
 for awhile, but it is only to break out again, when 
 further fuel is added, into a far stronger flame. 
 
 The inadequacy of the present international 
 system lies therefore, it is clear, in a far more 
 radical defect than can be reformed by any mere 
 alteration of the rules of maritime warfare. It has 
 been proposed to abolish those usages of war which 
 are most injurious to neutral nations. The only 
 strong argument which has been relied on against 
 this reform rests on the fact that, to disarm war of 
 its most disastrous and dangerous weapons, would 
 be to make it a still less efficient means of obtain- 
 ing redress for international wrongs than it is, and 
 to render it a pastime which, in the words of Lord 
 Palmerston, might be ' indulged in for ever without 
 coming to any result.' 
 
 It is, in truth, inadequate enough already, and 
 its inadequacy lies in the fact that Lynch Law 
 never is, nor can be, an adequate means for the 
 attainment of the ends of justice in a complicated 
 state of international or any other society. 
 
 No reformation of the practice of international 
 Lynch Law can, therefore, solve the international 
 problem upon the solution of which the common weal 
 of nations is becoming more and more dependent. 
 
 As was remarked at the outset, the problem is a 
 double one. 
 
 The present system of international Lynch Law 
 is both inadequate as a mode of obtaining inter-
 
 Inadequacy of the Present System. 91 
 
 national justice, and also injurious to other 
 nations. 
 
 The international problem requiring solution is 
 how to provide a more adequate security for inter- 
 national justice which shall at the same time be 
 less injurious to the interests of nations. 
 
 In short, it may be possible to make the practice 
 of international Lynch Law either less injurious to 
 neutral nations or more effective in the hands of 
 belligerent nations ; but to make it both a harmless 
 and an effective means of attaining the ends of inter- 
 national justice is a task transcending human skill. 
 
 V. THE INTERNATIONAL REFORM NOW REQUIRED IS 
 THE SUBSTITUTION OF A LEGAL AND JUDICIAL 
 SYSTEM FOR INTERNATIONAL LYNCH LAW. 
 
 In a previous section the fact was pointed out 
 that modern international jurists deduced their 
 international maxims by analogy from the prin- 
 ciples which would prevail between individuals 
 in the analogous stage of social society, i.e. in the 
 absence of organised civil and judicial institutions. 
 
 I wish now to press the analogy between social 
 and international life a little further. 
 
 Since the time of Grotius the ages have rolled 
 on, the shadow on the international dial has ad- 
 vanced ; the state of international society is no 
 longer analogous to a state of civil society with_ 
 out civil and judicial institutions, but to one
 
 92 On International Reform. 
 
 more advanced. International society has passed 
 since the age of Grotius into another and more 
 advanced stage, and it is therefore necessary to 
 compare with it a corresponding and more advanced 
 stage of civil society, if we wish to draw the true 
 present analogy between the two. 
 
 It will readily be admitted that a state of society 
 which is marked by the absence of a civil and 
 judicial system, or, in other words, by the preva- 
 lence of Lynch Law between men, is only a very 
 temporary stage of the life of a civilised nation. - 
 
 And what is that point in social history at 
 which the system of Lynch Law breaks down, and 
 the necessity for a civil and judicial system to 
 take its place, becomes obvious and pressing? 
 
 Surely it is that in which it is found in practice 
 that the resort to Lynch Law is not only a very 
 burdensome and inefficient remedy to the ag- 
 grieved party, but also hazardous to the lives and 
 interests of others. 
 
 When population is thinly scattered, and men 
 have little or no communication with any but their 
 distant next-door neighbours, they may wear their 
 swords and fight out their quarrels in a summary 
 manner without much danger to others. But were 
 two citizens to fight out their quarrel in the 
 crowded market, to the danger and actual damage 
 of peaceable passers-by, it would be evident 
 enough that some more harmless mode of settling 
 the disputes of citizens than this must be 
 provided.
 
 Inadequacy of the Present System. 93 
 
 We see in our own past history how, as the 
 towns increased in population, and more and more 
 citizens became dependent upon the peaceful 
 prosecution of internal trade, the necessity arose 
 for the general disarmament of citizens which 
 has been so completely effected. And we see 
 in the growth of modern colonies the same ne- 
 cessity arise, whether it be in the gold diggings 
 of California, Australia, or British Columbia. The 
 scum of civilised population collects in a whirlpool 
 of excitement, Lynch Law for a while prevails. 
 But this stage of colonial history is of short 
 duration; with the increased population, a civil 
 government arises, and the district which before 
 contained only a handful of independent inhabi- 
 tants, becomes, by the force of moral gravitation, 
 a civilised state. 
 
 As we analyse the present state of international 
 society, we find what is neither more nor less than 
 the practice of international Lynch Law still to a 
 great extent prevailing between nations, closely 
 resembling in practice, and altogether identical in 
 principle, with the state of Lynch Law which in a 
 barbarous stage of society subsisted between indi- 
 viduals. We find, further, that as Lynch Law 
 between individuals has always and everywhere 
 been found to be inimical to private trade, so 
 is international Lynch Law now found, as the 
 Hanse Towns found it eight hundred years ago, 
 to be inimical to international commerce. To 
 
 H
 
 94 On International Reform. 
 
 carry the . analogy one step further, it is sub- 
 mitted, that as the growth of commercial enter- 
 prise, and the consequent complication of in- 
 dividual rights and relations necessitated the 
 gradual substitution of civil law and a judicial 
 system between individuals, so must the growth 
 of international commerce and the consequent 
 complication of international rights and relations 
 eventually necessitate the gradual substitution of 
 positive international law and an essentially judicial 
 system between nations. 
 
 Analogies cannot, I am perfectly aware, be 
 pushed too far. It does not follow, in the least, 
 that the law and the judicial system should be of 
 the same type in the one case as in the other ; it 
 does riot follow, in the least, that the change will 
 be brought about by the same steps or the same 
 means ; but I trust I shall be able to show that, 
 being necessary, it is not Utopian to aim at its 
 gradual accomplishment, and that some tentative 
 steps have already been taken in the right 
 direction.
 
 PART III. 
 
 ON THE NATURE OF THE INTERNATIONAL REFORM 
 
 REQUIRED BY THE INCREASING INTERDEPENDENCE 
 
 OF NATIONS :- 
 
 I. IN INTERNATIONAL LAW. 
 II. IN ITS INTEKPKETATION. 
 III. IN ITS ENFORCEMENT. 
 
 H 2
 
 97 
 
 CHAPTER I. 
 
 INTRODUCTORY THE THREE BRANCHES OF THE 
 SUBJECT. 
 
 IN proceeding now to discuss more fully the 
 nature of that international reform which, as 
 shown in the .preceding chapters, in the onward 
 course of civilisation is imperatively needed, the 
 subject naturally divides itself into three branches. 
 
 1st, with reference to the Law. 
 
 2nd, with reference to its interpretation. 
 
 3rd, with reference to its enforcement. 
 
 It divides itself naturally into these three 
 branches, because it is an essential difference in 
 these three particulars which constitutes the real 
 distinction between the uncivilised state of society 
 wherein Lynch Law prevails and the more civilised 
 state of society in which it has been supplanted 
 by a civil and judicial system. 
 
 Thus Grotius quotes Thucydides to show that 
 a civil power a state is a body which has its 
 own laws, tribunals, and magistrates. 
 
 A state of society wherein Lynch Law prevails 
 to the full extent is a state of society so un- 
 organised, so uncivilised, as to possess no laws, 
 tribunals, and magistrates a state of society in
 
 98 On International Reform. 
 
 which each man's own will, whether moral or 
 depraved, is his only recognised law; his own 
 judgment, whether sound or biassed, his only 
 recognised judge; his own arm, whether weak or 
 powerful, his only weapon of redress. 
 
 A civilised state is a society so far organised 
 as to possess established laws, judicial tribunals 
 for their interpretation, and magistrates to enforce 
 them. And the essential distinction between a 
 system of Lynch Law and a civil and judicial 
 system lies therefore in the point, whether the 
 individual or the society declares, interprets, and 
 enforces the laws whereby social intercourse is 
 regulated.
 
 99 
 
 CHAPTER 11. 
 
 International Law. 
 
 I. THE NECESSITY FOR A MORE COMPLETE- SYSTEM 
 OF POSITIVE INTERNATIONAL LAW. 
 
 IN mi uncivilised state of society wherein Lynch 
 Law prevails to the full extent i.e. wherein no 
 positive civil law exists men take upon themselves 
 to define what is right and lawful for themselves 
 according to their own notions, instead of obeying 
 a uniform code of laws mutually recognised as 
 equally binding upon all who are members of the 
 same civil society. 
 
 It has further been shown that in principle 
 the case is not altered by the fact that, owing 
 to the growth of civilisation, a uniform code of 
 morality is accepted by each as binding upon his 
 own conscience. From the fact that each is bound 
 by his own conscience, it follows as a consequence 
 that no man can be bound by that of any other 
 man. Hence each man, when a common code of 
 morality exists, no less than in its absence, takes 
 upon himself to define what is right and lawful for 
 himself instead of obeying a uniform code of laws
 
 100 On International Reform. 
 
 mutually recognised as equally binding upon him- 
 self and his fellow-subjects. 
 
 And this analogy holds good of international 
 society. The fact that, to a large extent, nations 
 have accepted the Grotian international code of 
 morality as binding in foro conscientice upon 
 civilised nations does not, in itself, change the 
 essential character of international society. 
 
 To the extent to which each nation still takes 
 upon itself to define what is right and lawful to 
 itself instead of obeying a uniform code of positive 
 law, mutually recognised by civilised nations as 
 binding upon themselves and their neighbours, to 
 that extent International Lynch Law is the only 
 law in force between nations. 
 
 To what extent is this the case ? 
 
 With a few marked exceptions, such as the De- 
 claration of Paris of 1856 and the declaration that 
 the slave trade shall be piracy, the maxims which 
 now regulate international relations are, in fact, far 
 more analogous to rules of morality binding in foro 
 conscientice than to the enactment of positive law. 
 
 To make the very most of it, they have only 
 partially been converted, under the sanction of long 
 international usage, into positive law. 
 
 It is true that some principles have undoubtedly 
 become established and generally recognised by 
 almost invariable usage, but it is no less true that 
 in other particulars, within certain limits, each 
 nation holds its own views according to its own
 
 In International Law. 101 
 
 supposed interests, and a different view from, its 
 neighbours when their interests are supposed to 
 be divergent. There is, in many cases, just as 
 much difference of opinion and divergence of policy 
 as there is apparent contrariety of interest. 
 
 Now the position advanced is this : That while 
 the absence of positive law was a tolerable and 
 necessary evil w r hile nations were passing through 
 the self-subsistent stage of national life and had 
 very little mutual intercourse, it is becoming an 
 intolerable and unnecessary evil now that nations 
 are, one after another, passing out of the self- 
 subsistent stage of national life into the most 
 dependent one ; and now that the adoption of a 
 free trade policy by one nation after another is 
 more and more blending the interests of all nations 
 in one, entangling the threads of their national 
 prosperity into an international skein. 
 
 The position advanced is this : That inevi- 
 tably, in the present complicated state of inter- 
 national society, the continued prevalence of Lynch 
 Law in this particular does not, and in the future 
 more and more will not and cannot, work ; and 
 that the international system requires, in order 
 that it may work, the adoption by civilised nations 
 of a just and uniform system of positive inter- 
 national law. 
 
 I do not say that necessarily an exhaustive 
 code must be forthwith framed, to be taken at a 
 gulp by all civilised nations far from it ; but I do
 
 102 On International Reform. 
 
 say that one great and pressing branch of inter- 
 national reform is, beyond all doubt, the gradual 
 and persistent substitution, as time rolls on, 
 of uniform and clearly defined and accepted 
 positive international laws on one question after 
 another, for the international maxims of the 
 jurists. 
 
 Nor will this position, I confidently trust, be 
 disputed. It has been, I think, sufficiently shown 
 to be strictly in accordance with the spirit and 
 even the express declarations of Grotius and his 
 more recent expounders. I will content myself 
 with adding to their weighty authority the still 
 more weighty authority of the modern solemn 
 declaration of all the civilised powers of the world, 
 without a single exception, to the general principle 
 involved. 
 
 The following is the preamble of the l Declaration 
 of Paris, respecting maritime law, signed by the 
 plenipotentiaries of Great Britain, Austria, France, 
 Prussia, Russia, Sardinia, and Turkey, assembled 
 in Congress at Paris, April 16, 1856 ' : 
 It declares : 
 
 ' That maritime law in time of war has long 
 
 been the subject of deplorable disputes. 
 ' That the uncertainty of the law in such a 
 
 matter gives rise to differences of opinion, 
 
 which may occasion serious difficulties and 
 
 even conflicts. 
 1 That it is consequently advantageous to
 
 In International Law. 103 
 
 establish a uniform doctrine on so important 
 a point.' 
 
 The Declaration which follows this preamble 
 (now adopted by forty-six civilised Powers) estab- 
 lishes as between those Powers something like a 
 uniform code of international law regarding the 
 rights of neutrals, and is, therefore, a step precisely 
 in the right direction. The Americans, indeed, 
 refused to concur in this Declaration, but Mr. 
 Seward, in his correspondence in reference to its 
 adoption, paid nevertheless a just tribute to the 
 Tightness and pureness of its object. 
 
 ' The Declaration of Paris is the joint act of 
 forty-six great and enlightened Powers designing 
 to alleviate the evils of maritime war, and promote 
 the first interest of humanity, which is peace.' 
 (Seward, September 7, 1861.) 
 
 And Earl Russell stated that ' Her Majesty's 
 Government, in concurring in this Declaration, 
 wished to establish a doctrine for all time, with a 
 view to lessen the horrors of war all over the 
 globe. The instructions sent out to Lord Lyons 
 prove' (he said) 'the sincerity of their wish to 
 give permanence and fixity of principles to this 
 part of the Law of Nations.' (Russell, August 28, 
 1861.) 
 
 The general principle expressed so forcibly in 
 the above quotations, and applied by the Declara- 
 tion of Paris to one portion of international law in 
 particular, is precisely the principle urged in this
 
 104 On International Reform. 
 
 chapter, and it can hardly require further authority 
 or argument to support it. 
 
 II. ARBITRATION NO PROPER SUBSTITUTE OF 
 INTERNATIONAL LAW. 
 
 But inasmuch as the proposal to submit inter- 
 national disputes to arbitration has sometimes 
 been represented as a kind of Morison's Pill to 
 cure all international diseases, it may be well to 
 point out clearly that arbitration (however good as 
 a merely temporary and exceptional expedient, 
 failing international law) is contrary to all sound 
 political principles as a permanent substitute for 
 law, and as such it will not work. 
 
 In the first place, it should never be forgotten 
 that the great end of law is not to decide, but to 
 prevent disputes; that for every dispute which 
 British civil law, e.g., decides there are thousands 
 of cases in which disputes are prevented from 
 arising by its certainty and clearness. But arbi- 
 tration in itself is powerless to prevent disputes ; it 
 only extends to the adjustment of disputes which 
 have already arisen. 
 
 Arbitration, therefore, as a system fails in ful- 
 filling the main end in view. 
 
 2ndly. In another, and scarcely less important 
 particular, arbitration, from its very nature, must
 
 In International Law. 105 
 
 fail as a substitute for law. It is under just laws, 
 well denned, and clearly recognised beforehand, 
 and under these alone, that the intricate entangle- 
 ments of interests can safely exist, without which 
 the advantages of civilised life cannot be realised. 
 In the absence of such laws men's relations to 
 one another are necessarily kept more simple, and 
 men refrain from entering into transactions which 
 otherwise they would enter into daily without the 
 least misgiving, and to mutual advantage. 
 
 3rdly. Sublime as the theory of simple justice, 
 dispensed by the untrammeled award of an honest 
 and upright arbiter may be, in practice it would 
 afford no guarantee of individual liberty. It 
 would be open to all the objections which lie 
 against the principle of legislating for a special 
 case after its occurrence. It lacks the guarantee of 
 perfect impartiality which constitutes the very 
 essence of laws framed for all cases alike, without 
 any reference either to any particular case which 
 actually occurs, or to the particular parties to 
 a dispute. Consequently, no one in his senses 
 would bind himself beforehand to submit all 
 questions of dispute in which he may become 
 involved to the arbitration even of the best of 
 his friends. It would be to make another man's 
 conscience, and not his own, the guide of his 
 actions. 
 
 And so, in international affairs, there are cases 
 where the rights are so plain and the issue so
 
 10G On International Reform. 
 
 important that it would be folly to hazard the 
 result of an arbitration. 
 
 Thus Yattel, whilst strongly recommending a 
 resort to arbitration before an appeal to the sword 
 in doubtful cases which do not involve essential 
 points, expressly distinguishes from them cases of 
 dispute in which the ' essential rights ' or the 
 ' safety of the nation' is involved (Vattel, 278-9), 
 and he brings forward the instance of the Swiss. 
 who have had the precaution in their alliances to 
 ' agree beforehand on the manner in which their 
 disputes were to be submitted to arbitration ' a 
 * wise precaution which has not a little contributed 
 to maintain the Helvetic Republic in that flourish- 
 ing state which secures her liberty and renders 
 her respectable throughout Europe.' ' And yet 
 the Swiss] he continues, ' on occasions when their 
 liberty was menaced refused to submit their dispute 
 to arbitration: ( Vattel, 278-80.) 
 
 Nor is it, moreover, in the least degree likely 
 that nations will bind themselves to submit their 
 disputes to arbitration. 
 
 The Plenipotentiaries of the great nations of 
 Europe, assembled in Congress at Paris, though 
 they had unanimously and without scruple agreed 
 to bind themselves, without appeal, by four clearly 
 defined and inexorable laws regarding the rights 
 of maritime powers in time of war ; with equal un- 
 animity guarded their recommendation that States 
 between which misunderstandings should arise.
 
 In International Law. 107 
 
 should, before appealing to arms, have recourse to 
 the good offices of a friendly power, with the decla- 
 ration that it should not amount to an engagement 
 to do so. 
 
 The Earl of Clarendon proposed the resolution, 
 as ' calculated to afford to the maintenance of peace 
 a chance of duration hereafter, without prejudice, 
 however, to the independence of Governments.'' Count 
 Walewski supported the resolution, conceiving it 
 ' to be fully in accordance with the tendencies of 
 our epoch,' while it ' would not in any way fetter 
 the free action of Governments.'' 
 
 Count Buol did not hesitate to concur in it, 
 ' though he could not make in the name of his 
 Court an absolute engagement calculated to limit 
 the independence of the Austrian Cabinet.' 
 
 And the Plenipotentiaries did not hesitate to 
 give it the ' most extended application,' because 
 ' it could not in any case oppose limits to the 
 liberty of judgment, of which no power can divest 
 itself in questions affecting its dignity.' 
 
 Such was the jealousy of the great powers of 
 anything approaching to an engagement to resort 
 to even so harmless a course as the mediation of a 
 friendly power (for there was nothing said about 
 arbitration at this Congress) before resorting to 
 force. 
 
 What, then, would be the jealousy with which 
 any scheme would be met for referring inter- 
 national disputes to arbitration?
 
 108 On International Reform. 
 
 We may well conclude from the result of the 
 Congress of Paris of 1856 that the whole range 
 of international law may probably be reformed 
 and fixed, by similar declarations to that upon 
 maritime law, before nations are prepared to bind 
 themselves to refer their disputes to arbitration. 
 
 Hence we conceive that it cannot be too clearly 
 kept in view, that good as arbitration may be, and 
 doubtless is, in its proper sphere, as an exceptional 
 resort failing international law, to rest upon it as 
 a permanent substitute for law would be to build 
 upon the sand. 
 
 It is not needful here to dwell on the subject of 
 ' arbitration ' in its own proper sphere, and to urge 
 its more frequent adoption in cases for the settle- 
 ment of which it is adapted. All that it is need- 
 ful to point out at this stage of the subject is, 
 that arbitration cannot rightly be held out as a 
 permanent substitute for a system of positive and 
 well-defined law. 
 
 , III. THE LIMITS OF INTERNATIONAL LAW 
 
 NON-INTERVENTION. 
 
 Although a sound system of positive interna- 
 tional law may be regarded as essential to the 
 common weal of nations, and as admitting of no 
 such substitute as arbitration, in the present com- 
 plex state of international society, it is, on the
 
 In International Law. 109 
 
 other hand, important to mark clearly the limits 
 within which the range of positive law must itself 
 be confined, and beyond which nations must be 
 left to act according to their own judgment, without 
 legal or other interference. 
 
 The range of international law, as well as of 
 individual interference in the affairs of nations, is 
 strictly limited by the doctrine of non-intervention. 
 
 There is, perhaps, no more encouraging fact in 
 modern international history than the steady ad- 
 vance which has of late been made by nearly all 
 political parties towards the adoption of this 
 doctrine. 
 
 There is, indeed, a false doctrine of non-interven- 
 tion, based upon a selfish policy, which would stand 
 by and see a weaker power oppressed by a stronger 
 one without interference, because it is not the 
 direct interest of the latter at the moment to 
 interfere. 
 
 Without saying that a great power like England 
 ought to consider it its business to turn knight- 
 errant and undertake every job of police which wants 
 doing on the seas, a selfish policy may safely be 
 denounced as contrary to the laws of natural justice 
 and international morality, which proclaim the 
 equal rights of all nations, be they weak or strong. 
 
 The true doctrine of non-intervention rests, not 
 upon the want of direct interest on the part of 
 other nations, but upon the right of international 
 liberty on the part of the nation interfered with. 
 
 i
 
 110 On International Reform. 
 
 It rests upon the fact that no nation or compact 
 of nations has by nature a right to interfere with 
 the private aifairs of any other, unless such inter- 
 ference be strictly needful to secure the common 
 weal of nations. It is analogous to the law of 
 civil liberty which denies that any individual or 
 state has a right to meddle with the personal rights 
 of the subject, except so far as is needful to secure 
 the common weal. Were this doctrine of non-in- 
 tervention clearly denned and thoroughly accepted 
 by civilised nations, the province of international 
 law would be wonderfully narrowed and brought 
 into manageable compass. 
 
 But, if this be the true doctrine of non-interven- 
 tion, it is obvious that the same rules cannot be laid 
 down as the limit of right intervention on the part 
 of individual nations on the one hand, and of inter- 
 national society by its laws on the other. 
 
 A distinction must clearly be recognised in inter- 
 national affairs analogous to that which exists 
 between the limits of right intervention in the 
 private affairs of individuals, on the part of indi- 
 viduals, on the one hand, and of the State on the 
 other hand. 
 
 An individual has no right to trespass on his 
 neighbour's property, but the State has a right to 
 make roads and railroads over everyone's property 
 whenever the common weal really requires it. 
 
 And so an organised international society, if it 
 existed, might probably rightly intervene by its
 
 In International Law. Ill 
 
 laws in some cases, when it would be injurious and 
 wrong for an isolated nation to do so. 
 
 And as the right of intervention is extended by 
 the organisation of a civil or international society, 
 so also are the corresponding obligations. 
 
 It is not always the duty of an individual to 
 redress a wrong done even to himself. But it is 
 the duty of a civil society impartially to carry out 
 its laws. And so also of nations and international 
 society. 
 
 A nation is not bound to act the knight -errant, 
 or even to enforce all its rightful claims against all 
 other nations. But international positive law once 
 clearly established as an international institution, 
 it will become no less the duty of international than 
 of civil society impartially and promptly to main- 
 tain and carry out those laws, as far as the common 
 weal of nations may require it. 
 
 Hence the great importance of keeping all 
 attempts at international legislation clearly within 
 the just limits of the true doctrine of non-interven- 
 tion, so that they may thoroughly enlist the moral 
 support of the international community. 
 
 For a law once enacted, which shall infringe 
 unduly the lawful liberty of any nation, must shake 
 the foundations of the whole international fabric. 
 It must entail one of two alternative evils, and 
 probably both. To carry it out would be to per- 
 petrate a legal tyranny. To neglect to put it in 
 force would be to let down the dignity of the law. 
 
 i 2
 
 112 On International Reform. 
 
 To attempt to carry it out, and to fail in the attempt, 
 would be to be gored by both horns of the dilemma, 
 and thus it would submit the international system 
 to a double shock. 
 
 And yet no one has been able to draw with 
 logical exactness the practical limits to right in- 
 tervention on the part of society through its laws, 
 simple as is the theory of non-intervention ex- 
 pressed in general terms. Probably the question 
 no more admits of an universal solution in inter- 
 national than in civil affairs. At all events, it will 
 not be expected that such a solution should be 
 given in this Essay. 
 
 I shall content myself, therefore, with having 
 urged the expediency of erring, if at all, on the side 
 of non-intervention, rather than running the risk 
 of shaking the whole international fabric by 
 attempts at unwise intervention. 
 
 IV. THE ACTUAL CONSENT OF NATIONS REQUIRED 
 TO MAKE INTERNATIONAL LAW BINDING. A 
 MAJORITY OF NATIONS CANNOT ENACT LAWS 
 WHICH SHALL BE UNIVERSALLY BINDING. 
 
 While it may be impossible to give an universal 
 solution to the question where in practice to draw 
 the line of non-intervention, it is not only possible, 
 but absolutely necessary to put practical guards
 
 In International Law. 113 
 
 upon unjust or undue intervention on the part of 
 society in the affairs of individuals. 
 
 The only guard, which in practice has proved it- 
 self at all a successful one, is that of obtaining, as 
 nearly as the circumstances of the case will admit, 
 the consent of individuals to the laws which they 
 are bound to obey. 
 
 But the right of individuals not to be bound by 
 laws to which they have not given their individual 
 consent, is one of those rights which men have in 
 practice always been compelled partially to give 
 up in civil society. 
 
 They do so on the sound principle that all 
 human association, by law of nature, involves that 
 each individual so associating shall give up so 
 much of his individual liberty as is needful to 
 secure the common end, to attain which the 
 society is formed. 
 
 The art of civil association consists in obtaining 
 the maximum of common good at the minimum 
 expense of individual rights, so that there may be 
 no waste of the latter. 
 
 In the case of a nation composed of several 
 millions of people, each individual cannot possibly 
 give his own actual consent to every one of the 
 laws. And hence the exigencies of a civilised 
 nation require the establishment of a sovereign 
 power, capable of making and of enforcing its laws 
 upon all its subjects. And the nearest equivalent 
 to the actual concurrence of all in the acts of the 
 sovereign power which political skill has been able
 
 114 On International Reform. 
 
 as yet to contrive, is that system of representation 
 and delegation of rights and duties to a compara- 
 tively very small number of men, which is as yet 
 far from perfect either in its theory or practice. 
 
 Under the civil institutions of the purest re- 
 public, as well as of a constitutional monarchy, 
 individual men necessarily so far give up their 
 individual rights to the majority of their fellow- 
 citizens that they become in fact, as well as in 
 name, subjects obeying a superior power. or govern- 
 ment, which can and does constantly make laws 
 affecting their rights without their individual con- 
 sent to them having been directly obtained or <J\TH 
 asked for. 
 
 In civil society, therefore, even under the best 
 representative system, 
 
 1. The actual consent of each is not obtained to 
 
 the laws. 
 
 2. The majority impose laws upon themselves 
 
 and the minority .also. 
 
 Now, let it be observed how far the analogy 
 between international and civil affairs holds in this 
 respect, and where it breaks down. 
 
 By law of nature nations equally with men are 
 so constituted that they cannot associate together 
 for a common good without curtailing to some 
 extent their own individual liberty, and the art of 
 international as of civil association consists there- 
 fore in obtaining the maximum of common good 
 tit the minimum expense of individual liberty.
 
 In International Law. 115 
 
 But the extent to which it is needful to infringe 
 individual liberty to attain the common good, 
 must obviously differ greatly under differing cir- 
 cumstances. And it would indeed be jumping to 
 a wild conclusion were it assumed that the cir- 
 cumstances of civil and international society are 
 the same. They differ in the most material point. 
 
 There are, perhaps, not fifty civilised states in the 
 world, and practically not nearly so many civi- 
 lised nations, for small states for international 
 purposes either are confederated into one nation or 
 follow the leadership of others. 
 
 When the most civilised of these states associate 
 together to establish such common positive laws 
 as their common weal requires, it is obvious that 
 the same necessity does not exist, as in the case of 
 a state composed of millions of subjects, either for 
 that system of representation and delegation so 
 essential in the latter, or for the existence of a 
 concentrated sovereign power without which no 
 state could exist. 
 
 Even in a populous state, each individual is in 
 theory supposed to have given his consent to the 
 laws through the machinery of representation and 
 delegation alluded to. Much more, therefore, in 
 the case of a few highly civilised nations, so far as 
 the necessity for such machinery does not exist 
 so far as the circumstances of international society 
 admit of the actual consent of each nation being 
 given to its laws so far the right of the society
 
 116 On International Reform. 
 
 to dispense with the actual consent of each nation 
 must be absent also. 
 
 And also as to the other point intimately con- 
 nected with the question of individual consent to 
 laws the right of a majority to bind a minority 
 how far does it exist in international affairs? 
 
 The right of a majority in a state to bind a 
 minority, and the consequent curtailment of the 
 liberties of the minority, rests chiefly upon the 
 modern territorial sovereignty of nations, and the 
 consequent necessity of the law having universal 
 jurisdiction over all the inhabitants within a certain 
 geographical area. 
 
 This element is wholly absent in international 
 society. Under present circumstances such a 
 society would not rest upon a territorial basis at all 
 it would embrace, probably, the most civilised 
 nations of the globe, without regard to their 
 geographical position. And therefore there is no 
 difficulty, or at least not the same difficulty, in 
 leaving out dissentient nations, whether a minority 
 or a majority, from the international society. There 
 is no necessity, or at least not the same necessity, 
 for curtailing the rights of dissentient nations so 
 far as to bind them with positive laws enacted by 
 a majority of nations against their will. 
 
 Hence we arrive at the conclusion that positive 
 international law is binding as such only on those 
 nations whose actual assent has been given to its 
 terms. As regards nations who have not given
 
 In International Law. 117 
 
 their actual consent to any positive law, it has no 
 authority as such whatever. 
 
 In support of a conclusion so essential to the 
 right understanding of the subject hereafter to be 
 dwelt upon, it may be well to adduce some autho- 
 rity and precedent. 
 
 The first illustration to which I shall refer is the 
 prohibition of the slave trade. 
 
 Piracy has for long, by universal usage among 
 civilised nations, been considered as contrary to 
 international law. But, until modern times, the 
 slave trade was not looked upon as piracy. 
 
 Perhaps there never was a case in which so 
 nearly universal a change of feeling among nations 
 has taken place as with reference to the slave trade. 
 If the concerted action of all the greater powers 
 and most of the lesser ones of Europe and America 
 could establish a positive international law so as to 
 make it binding upon all nations, including the 
 very small minority who had not given their con- 
 sent to it, the declaration of the slave trade to be 
 piracy surely must have been the one. 
 
 But what is the fact? Although by positive 
 international law the slave trade has been declared 
 to be piracy as between all nations who have, by 
 treaty or their own laws, actually assented thereto, 
 yet it is still clearly recognised that it is not jure 
 gentium piracy as regards nations who have riot 
 thus given their assent.* 
 
 * This was clearly stated by Lord Stowell iu the case of the
 
 118 On International Reform. 
 
 The only other case to which I shall allude in its 
 further confirmation is that of the Treaty of Paris 
 of 1856. 
 
 The forty-six civilised nations which alone are 
 bound by the laws of maritime warfare contained 
 in that Declaration all gave their individual and 
 actual consent to its terms. 
 
 Their associating for this purpose gave them no 
 sovereign authority over the rest of the world. 
 As between themselves they are bound, to the 
 extent of its terms, by a mutually recognised and 
 uniform law ; but nations not parties to the 
 
 Louis. ' The slave trade had been carried on by all nations, 
 including Great Britain, until a very recent period, and was still 
 carried on by Spain and Portugal, and not yet absolutely pro- 
 hibited by France. It was not, therefore, a criminal traffic by 
 the consuetudinary law of nations, and every nation, independently 
 of special compact, retained a legal right to carry it on. No one 
 nation had a right to force the way to the liberation of Africa by 
 trampling on the independence of other States.' ( Wheaton, 168.) 
 
 The Supreme Court of the United States adopted the same 
 conclusion : 
 
 ' No principle of general law was more universally acknow- 
 ledged than the perfect equality of nations. Russia and Geneva 
 have equal rights. It results from this equality, that no one can 
 rightfully impose a rule on another. ... A right, then, which 
 was vested in all by the consent of all could be divested only by 
 consent. ... As no nation could prescribe a rule for others, no one 
 could make a law of nations ; and this traffic remained [legally] 
 lawful to those whose governments had not forbidden it.' 
 
 In 1845 the same principle was again adhered to and con- 
 firmed in the case of the Felicidade by the majority of the judges, 
 whose decision Dr. Phillimore cites as showing that, notwith- 
 standing the numerous treaties and conventions of civilised nations 
 on the subject, ' the English law does not yet hold slave-trading 
 to be "jure gentium " PIRACY.' Phil. Int. Law, i. 333-4.
 
 In International Law. 119 
 
 Declaration are in no way affected by it they are 
 acknowledged by the Declaration itself as bound 
 only by such rules of international morality as 
 were prevalent before its adoption. 
 
 The care with which these points were guarded, 
 both in the preliminary discussion and in the final 
 Declaration, will be sufficiently apparent to any one 
 who may take the trouble to read the protocols of 
 the conferences. 
 
 V. OBJECTIONS ANSWERED. 
 
 But, it may be asked, Does not the absence of a 
 sovereign power to enact international laws, and 
 the impossibility of their having a universal juris- 
 diction within a given geographical area, prevent 
 the existence of any positive international laws at 
 all ? Are the rules agreed upon by the few con- 
 senting nations, such as those relating to the slave 
 trade and maritime rights, to be regarded as really 
 positive international laws ? 
 
 The answer is obvious. 
 
 Were our only idea of law confined to that with 
 which we are familiar in a modern state, it might 
 possibly be doubtful. And by assuming a defini- 
 tion of positive Law to fit this peculiar and restricted 
 idea, no doubt international law may technically be 
 excluded from the range of ' positive law ' so 
 defined. 
 
 But we are pursuing a practical and not merely a
 
 120 On International Reform. 
 
 technical argument, and we have therefore to deal 
 not with names but with things. 
 
 As before hinted, the idea of territorial sove- 
 reignty, as regards civil law, is of comparatively 
 modern birth. Positive Law existed before its 
 adoption, and therefore it cannot be an . essential 
 of positive, law that it should have exclusive 
 sovereignty within certain geographical limits. 
 
 And in like manner the fact of civil law being a 
 rule prescribed by a sovereign to a subject power is 
 clearly only an accident arising out of the multi- 
 tude of subjects over which ordinary civil law 
 has force. It has nothing to do with the real 
 essence of positive law that it should count its 
 adherents by millions. Law, in its essence, may 
 prevail as fully over six nations as over sixty 
 millions of men ; and the question of by what 
 machinery it is enacted, whether by a system of 
 representation and delegation, or by actual consent 
 on the part of all who are bound by it, can have 
 nothing to do with the question whether it is 
 positive law or not. 
 
 1 apprehend that positive law, established by 
 unanimous and actual consent of all over whom it 
 has force, is positive law in its simplest and purest 
 form, and the most positive law which can exist, 
 by whatever name it may technically be dis- 
 tinguished from the more complex forms which 
 law has assumed, as applied, under the idea of 
 modern territorial sovereignty, to the internal 
 regulations of sovereign states.
 
 121 
 
 CHAPTER III. 
 
 The Interpretation of International Law. 
 
 I. THE INTERPRETATION MUST BE JUDICIAL. 
 
 WE now enter upon the second branch of the 
 enquiry, and proceed to examine what inter- 
 national reform is needful with reference to the 
 interpretation of international law. 
 
 It will readily be admitted that the adoption of 
 positive international laws by all civilised nations 
 would by no means in itself suffice to put an end 
 to the evils involved in the prevalence, to how- 
 ever small an extent, of international Lynch Law. 
 Doubtless the existence of clear and simple posi- 
 tive laws mutually binding upon nations would 
 (as it does between individuals) do more than 
 anything else could do to prevent disputes. The 
 clearer and simpler the law, the rarer must be the 
 disputes. But yet disputes will arise, however 
 simple and clear it may be ; and how - are such 
 disputes to be settled? 
 
 In case of any dispute as to what is the law, 
 how is the law to be interpreted? 
 
 The answer to this question involves the 
 examination of the second great point in which 
 civil law differs from Lynch Law. In the one case
 
 122 On International Reform. 
 
 / 
 
 each individual is left to put his own interpreta- 
 tion even upon such rules and principles of mutual 
 action as may chance to be generally recognised. 
 In the other, the interpretation of the law is not 
 left to the parties in dispute, but a judicial and 
 authoritative decision of what is the law is pro- 
 vided, which is binding not only upon the parties 
 in dispute and in the particular quarrel, but upon 
 the whole community and in all like cases. 
 
 At present each nation is left to put its own 
 interpretation even upon such portions of the laws 
 of nations as have already been denned and 
 adopted as binding international law. 
 
 Should any of the nations parties to the Declara- 
 tion of Paris differ in their interpretation of any 
 one of its provisions, no international judicial 
 arrangement exists whereby a decision of what is 
 the law can be obtained which shall be binding 
 upon all the nations parties to the Declaration. 
 
 Each nation consults its own law-officers and 
 forms its own opinion as to what is the true inter- 
 pretation of the law, and acts accordingly. In 
 other words, it ' takes the interpretation of the 
 law into its own hands ' it ' does itself justice.' 
 Consequently in this, as in other particulars, the 
 usages of what in its essence is international 
 Lynch Law still survive between nations. 
 
 It is submitted, therefore, that the second great 
 branch of international reform must be the esta- 
 blishment, not necessarily of any fixed judicial
 
 In the Interpretation of the Law. 123 
 
 tribunal, but of some kind of really judicial 
 international machinery for interpreting interna- 
 tional law, for giving such an impartial and 
 authoritative decision of what is the law as it 
 should be no stain upon a nation's honour either 
 to sue for or obey. 
 
 II. ARBITRATION NO PROPER SUBSTITUTE FOR THE 
 JUDICIAL INTERPRETATION OF INTERNATIONAL 
 LAW. 
 
 Here, again, we cannot but regret that the public 
 mind has been partially drawn off from the true 
 scent by the prominence which has been given in 
 some quarters to the scheme of arbitration. 
 What is really required is, not the decision of an 
 umpire but the decision of a judge not the 
 decision of arbitrators, one chosen by each of the 
 disputants, with a special view to the particular 
 dispute, and therefore liable to some extent to the 
 suspicion of being more or less partial, but a 
 decision, given under the authority of the whole 
 society of nations, deciding what is law without 
 reference to who may be the disputants ; a deci- 
 sion which shall be binding upon other nations in 
 like cases as well as upon the disputants, and 
 which must, to a large extent, be placed by that 
 very fact beyond suspicion of favouring either 
 party. What is required is, as has been already
 
 124 On International Reform. 
 
 pointed out, an authoritative judgment which shall 
 settle the disputed point of law for all time, and for 
 all nations over whom the law has force ; not 
 merely a clumsy expedient whereby the single 
 dispute in hand may be adjusted. What is re- 
 quired is therefore not a court of arbitration, but 
 something tantamount in principle to an inter- 
 national judicial tribunal. 
 
 I am glad to be able to quote upon this point 
 the recently-published opinion of Mr. J. S. Mill in 
 his ' Considerations on Representative Govern- 
 ment.' Speaking of the United States, he writes : 
 1 The tribunals which act as umpires between the 
 Federal and State Governments naturally also 
 decide all disputes between two States. . . . The 
 usual remedies between nations, war and diplomacy, 
 being precluded by the Federal Union, it is neces- 
 sary that a judicial remedy should supply their 
 place. The Supreme Court of the Federation 
 dispenses international law, and is the first great 
 example of what is now one of the most prominent 
 wants of civilised society, a real International Tri- 
 bunal.' 1 (Representative Government, by J. S. Mill, 
 1861, pp. 305, 6.) 
 
 I have already quoted the authority of "Wheaton 
 on this subject, and referred the reader to a pas- 
 sage in his work on International Law a work 
 which has deservedly been regarded as of great 
 authority in international affairs declaring his 
 opinion that it is an ' imperfect ' state of interna-
 
 In the Interpretation of the Law. 125 
 
 tional society ' which acknowledges no permanent 
 authorised judicial expositor of its principles and 
 rules.' (Wheaton, p. 57.) 
 
 I might refer the reader also to a note of Mr. 
 Chitty, in his English edition of Vattel, for the 
 expression of similar views. 
 
 And I think I am not mistaken when I say, 
 that the tide of intelligent feeling in this country 
 has recently turned in favour of the view that a 
 judicial system for the interpretation of inter- 
 national law affords the only sound expositor of 
 it in the settlement of international disputes, and 
 as such sooner or later will ultimately be adopted 
 by civilised nations. 
 
 It seems to me, also, that while the current of 
 feeling is stronger than ever in favour of any 
 peaceable settlement of a dispute rather than 
 war, and consequently often in favour of arbi- 
 tration, as the best ready alternative in cases of 
 urgent present necessity, it cannot be said that 
 any scheme of general arbitration as a permanent 
 substitute for a judicial system is any more in 
 favour than it was. 
 
 A plank may be a godsend to the shipwrecked 
 mariner, but he would not therefore trust himself 
 to a plank as a permanent means of navigation. 
 
 K
 
 126 On International Reform. 
 
 III. THE FORMS OF JUDICIAL INTERPRETATION 
 DISTINGUISHED FROM ITS ESSENCE. 
 
 That judicial machinery for interpreting inter- 
 national law will, if the growth of civilisation be 
 not unduly checked, ultimately be provided, there 
 can be no manner of doubt, but that at first, 
 or even eventually, all the forms of a civil tribunal 
 will be found applicable to international affairs, is 
 quite another thing; and it is therefore important 
 clearly to distinguish, as we tried to do with re- 
 spect to the Law itself, between the form and the 
 essence of a JUDICIAL mode of interpretation. 
 
 The essence of a judicial decision consists, as 
 already hinted, in its being issued under the joint 
 authority of the whole community over whom the 
 law has force, and therefore being binding upon all 
 upon whom the law is binding, whether they be 
 parties to the particular dispute or not. 
 
 In the case of an ordinary judicial tribunal in a 
 State, the power to give a universally binding 
 decision is delegated to a judge, and in him is 
 concentrated, as it were, the judicial authority of 
 the State. 
 
 Individuals have no direct voice either in the 
 appointment of the judge or in the judicial deci- 
 sion. They delegate to the Government the power 
 to appoint a judge, and the Government delegates 
 to the judge the power to interpret the law. Thus
 
 In the Interpretation of the Law. 127 
 
 it is by a double delegation that a judicial deci- 
 sion is obtained which is universally binding upon 
 the community. 
 
 But the end attained through the form of this 
 double delegation is in its essence what would be 
 attained if all could individually have given their 
 consent to the judicial decision, and have bound 
 themselves to abide by its terms. 
 
 Whether, and to what extent, there is the room 
 or the need amongst the comparatively few civi- 
 lised nations for the early adoption of that system 
 of delegation of rights and duties which becomes 
 an absolute necessity when a nation, composed of 
 millions of citizens, has to act as one organised 
 civil society ; or whether, and to what extent at 
 first, nations may be able to attain the required 
 end by united and concerted action, it is not needful 
 here to determine ; for questions like these have 
 mostly to wait for that gradual practical solution 
 which so often converts the seemingly impossible 
 into the fait accompli. 
 
 Nevertheless, in the meantime, it may be well 
 earnestly to point to the fact that we have seen of 
 late, in the concerted and united action of nations, 
 an approach in an isolated instance to the result 
 we wish to see universally attained. 
 
 In the recent affair of the Trent, we have seen 
 symptoms of an approach towards the practical 
 attainment of a judicial decision of an inter- 
 national dispute. The opinion of all the Great 
 
 K 2
 
 128 On International Reform. 
 
 Powers of Europe, however informally yet so 
 promptly given, in a tone so earnest that it proved 
 how all nations felt alike concerned in the main- 
 tenance of international law, was an approach in 
 many respects to something like the verdict of a 
 jury or the solemn judicial decision of judges, 
 delivered one by one from the bench of a great 
 international Court of Appeal. And the prompt 
 submission to this unanimous judgment of civilised 
 nations, on the part of America, more resembled 
 a dignified obedience to a recognised judicial 
 authority than a giving up of the point in dis- 
 pute to an armed opponent. 
 
 I may be allowed, perhaps, also to point out 
 another approach towards the attainment of a 
 judicial mode of interpretation. 
 
 I allude to the reference of questions arising 
 under special treaties to what are called ' mixed 
 courts,' i.e. courts composed of judges appointed by 
 both parties to a treaty instead of only by one. 
 The mixed courts established under the recent 
 treaty with the United States relating to the slave 
 trade may be taken as an instance. This is one 
 step at least out of the usages of Lynch Law 
 towards a judicial system. The nations jointly 
 undertake the interpretation of the law agreed 
 upon between them, instead of each taking it into 
 its own hands and doing itself or its own subjects 
 justice.
 
 In the Interpretation of the Law. 129 
 
 IV. JUDICIAL INTERPRETATION LIMITED TO EXIST- 
 ING POSITIVE LAW. 
 
 The question may perhaps be asked, with refer- 
 ence to the present American war, How could a 
 judicial tribunal, if such had existed, have decided 
 the dispute between the Federal and Confederate 
 States ? 
 
 The answer is that a judicial tribunal, having no 
 legislative power, cannot possibly do more than 
 interpret already existing and recognised law. If, 
 as at the present moment, there be no recognised 
 international law deciding the rights involved in a 
 great rebellion or revolution like this, a judicial 
 tribunal, if such had existed, would have had no 
 jurisdiction in the case whatever. But the fact 
 that cases may occur over which, even though a 
 judicial tribunal should exist, it would have no 
 jurisdiction, does not arise from any defect in 
 the judicial theory itself. The defect lies in the 
 absence of positive international laws universally 
 recognised : the very defect which we have already 
 pointed out as a relic of Lynch Law. 
 
 But while some uniform principles of inter- 
 national law are already formally recognised by 
 forty -six at least of the civilised powers we allude 
 of course to the Declaration of Paris regarding the 
 rights of neutrals there exists as yet no organised
 
 130 On International Reform. 
 
 judicial machinery for interpreting the laws so 
 recognised. And what is here urged is, that this 
 is a defect in the international system which ought 
 to be supplied. 
 
 The moment there is as much as a fragment of 
 established law requiring interpretation, the pos- 
 sibility and the need of a judicial interpretation 
 arises. Were the forty-six nations, parties to the 
 Declaration of Paris, to provide by treaty a judicial 
 mode of interpreting its terms, there would then 
 be the germ of a judicial system, co-extensive with 
 the germ of a uniform code of law; and the 
 jurisdiction of the one would then naturally expand 
 with the area covered by the other. 
 
 When forty-six civilised powers again met to 
 make further declarations of what, as between 
 themselves, should be considered as binding in- 
 ternational law in other particulars, they would 
 naturally refer the interpretation of the new 
 claims to the same judicial decision; and thus little 
 by little, as one point after another of international , 
 law was established by mutual treaty, so little 
 by little would the judicial system also cover a 
 larger and larger area. The number of cases of 
 dispute arising beyond jurisdiction would grow 
 gradually more and more rare, until at length, in 
 the course of civilisation, the international legal 
 and judicial system would as fairly and completely 
 meet and amicably settle the bulk of international 
 disputes, as do already Civil Law and Civil Courts 
 of Justice the private disputes of citizens.
 
 131 
 
 CHAPTER IV. 
 
 The Enforcement of International Law. 
 
 I. THE ULTIMATE SANCTION OF INTERNATIONAL 
 LAW IS PHYSICAL FORCE. 
 
 A SYSTEM of civil law is imperfect, and must fall 
 to the ground, unless it be supported by adequate 
 sanctions; unless it be backed by a sufficient 
 power to secure obedience to it. 
 
 It is a great mistake to suppose that the es- 
 tablishment of civil law puts an end to the regime 
 of physical force. 
 
 The ultimate appeal of civil laws, as also of 
 Lynch Law, is to physical force. The change 
 from Lynch Law to civil law is a change in the 
 possession of the sword; from being worn by the 
 angry disputants, it becomes worn by the law. 
 
 In a state of Lynch Law each individual wears 
 his own sword and thereby settles his own dispute, 
 whether in the right or in the wrong. By the 
 establishment of civil law, each individual is 
 bound to keep the peace; he resigns to the State 
 the right and the duty of enforcing the law. 
 Instead of attempting to enforce it himself, he 
 calls upon the concentrated power of the State 
 to enforce it in his behalf.
 
 132 On International Reform. 
 
 Now a very little consideration will show that in 
 the present practice of nations, so far as it relates 
 to this particular also, Lynch Law prevails. 
 
 The breach of international law, in by far the 
 majority of instances, is at this moment a casus belli 
 to the injured nation only. It is left to the injured 
 nation to enforce the law, or allow the breach of it 
 to pass unpunished. The injured nation has no 
 recognised right to call upon any other to aid it 
 in enforcing the law. In fact, precisely as under 
 Lynch Law each individual wears his own sword 
 and settles thereby his own dispute, whether in the 
 right or hi the wrong, so at this moment each 
 nation maintains its own army, and therewith 
 settles its own disputes, whether in the right or in 
 the wrong. 
 
 How is it possible to deny that the interests of 
 civilisation forbid the continuance of Lynch Law 
 in this respect just as fully and clearly as they 
 forbid its continuance between individuals ? Lynch 
 Law leads to the same results between nations as 
 between individuals. It means might instead of 
 right in the one case just as much as in the other. 
 In both cases it clearly does not work for the sword 
 to remain in the hands of the disputants. If at all 
 defensible, such a state of things is defensible only 
 as a temporary expedient until something like 
 judicial machinery be established. When a system 
 of judicial law has been established in the place of 
 Lynch Law, the interests of advancing civilisation,
 
 In the Enforcement of the Law. 133 
 
 in the name alike of the laws of nature and of 
 Christianity, will surely demand that the sword 
 should be under the direction and control, not of 
 the disputing powers, but of the law which is to 
 settle their dispute. 
 
 The onus of enforcing the law should rest, not 
 upon the injured nation only, but upon the com- 
 munity of nations. 
 
 II. HOW INTERNATIONAL FORCE OUGHT TO BE 
 APPLIED. 
 
 If physical force be the ultimate sanction of 
 international law, how is that sanction to be 
 applied ? 
 
 Again we are met by the obvious suggestion 
 that it does not at all follow that because, in a state 
 composed of millions of citizens, a system of 
 delegation and concentration of power into a police 
 force is an absolute necessity, the same system of 
 delegation and concentration is needful to attain a 
 similar end in the case of a score or two of civilised 
 nations. 
 
 There may not in the latter case be either the 
 room or the need for it. 
 
 The essence of a civil power may more readily 
 be attained by united and concerted action be- 
 tween nations. The essence of the thing lies in 
 its being the recognised duty of all the nations
 
 134 On International Reform. 
 
 severally to submit to the law, and in its being the 
 recognised duty of all the nations jointly to enforce 
 it upon any delinquent. 
 
 If forty-six civilised powers are to unite, as they 
 have done and we hope they may do again and 
 again, and bind themselves to observe a uniform 
 code of law, and if they go further, as eventually 
 we trust they may do, and bind themselves 
 mutually to adhere to a judicial interpretation of 
 that law in case of any dispute as to its terms, can 
 they, after that, allow a nation party to such a 
 solemn and binding arrangement to break that 
 law and refuse to obey that judicial decision 
 with impunity? Can they any longer leave the 
 enforcement of such a treaty upon, it may be, 
 a stronger power, to the weaker power who may 
 happen to be the one directly injured by the 
 crime ? 
 
 Are not at this moment all the nations parties 
 to the Declaration of Paris injured by the breach 
 of it by any one of them? Have not all of them 
 the right to combine to enforce that law which 
 any delinquent nation has bound itself by solemn 
 treaty with them strictly to observe? Is not, in 
 fact, the breach of that Declaration by any nation 
 a cams belli to all the forty -five other nations as a 
 community, in spite of assertions in some quarters 
 to the contrary? 
 
 And if it be so, and if the number of such 
 Declarations comes in the future to be multiplied, 
 will not nations be compelled, for very convenience,
 
 In the Enforcement of the Law. 135 
 
 to organise some plan of enforcing their provisions 
 less injurious to themselves and their commerce, 
 and less wasteful of human life, than present modes 
 of warfare ? 
 
 While, however, the creation, whether by com- 
 bination or delegation, of an international force 
 
 O v 
 
 for the enforcement of international law may 
 seem as needful as that of a civil power for the 
 enforcement of civil law, yet it must in fairness 
 be admitted that all the evils of war would not 
 be averted at once by its creation. The manage- 
 ment of an international police force, however 
 constituted, would doubtless be liable to precisely 
 the same dangers and difficulties to which a civil 
 police force is liable in times of riot and rebellion. 
 Human blood would occasionally still be shed and 
 human passions roused, and the international 
 system would be liable to revolutions and tempo- 
 rary subversion, such as civil powers have had 
 again and again to contend with. There is no 
 royal road to perfection in international any more 
 than in civil affairs. Yet still at the same time, 
 fully admitting the difficulties, there are three 
 points in which the analogy of the history of civil 
 law appears to warrant the belief that they would 
 not in the long run prove insurmountable. 
 
 The first point is, that as in the case of civil law 
 the concentration of the physical force in the 
 hands of the civil power has in most nations 
 gradually led to the general disarmament of indi- 
 viduals, so, in the case of international law, the
 
 136 On International Reform. 
 
 knowledge on the part of nations that the law 
 would be backed by the combined forces of all 
 nations against any delinquent, would lead to a 
 gradually increasing reliance on the protection of in- 
 ternational law, and a gradually decreasing reliance 
 merely on their own military establishments. 
 
 These latter would gradually become less and 
 less needed, and, ceasing to be a necessity, they 
 would soon cease to be maintained on their present 
 gigantic scale ; a mutual reduction in armaments 
 would become obvious and natural, and at the 
 same time reasonable ; and possibly in the course 
 of time mutual disarmament might even result. 
 
 The second point is, that as in the history of 
 civil law it has been found in practice to be the 
 case, so in the history of international law there is 
 every reason to expect that as civilisation advances 
 the number of cases in which nations would refuse 
 to obey a judicial decision, to obey which they had 
 bound themselves by solemn treaty, and in which the 
 last resort of physical force really would have to 
 be resorted to, would become more and more rare. 
 
 The third point is, that in the few cases which 
 might arise in which resort was necessary to 
 physical force to enforce international law, it 
 would come to be applied, as to a large extent it 
 has come to be applied in the case of civil law, 
 more and more wisely and justly as civilisation 
 advances, until ultimately it might be applied, 
 when needful, in a way which would be felt to in- 
 volve no waste of human blood or human rights.
 
 137 
 
 CHAPTER V. 
 
 SUMMARY OF THE FOREGOING ARGUMENT. 
 
 IT now remains to sum up the practical conclusions 
 arrived at in the foregoing pages. 
 
 1. The interdependence of nations, and their 
 association in international society, was shown to 
 be the result, not merely of human contrivance, 
 but of certain laws of nature. 
 
 2. The answer to the question, how far any 
 nation can remain in a self-subsistent state, or how 
 far it must become dependent upon international 
 intercourse, was shown to rest, not merely upon 
 the intention of its rulers, but mainly upon its own 
 economic condition, inherited from its past history. 
 
 3. The economic history and condition of the na- 
 tions most dependent upon international commerce 
 was carefully reviewed, and the conclusion arrived 
 at that their dependence on foreign trade was 
 likely, not only to continue, but also to increase. 
 
 4. The tendency of those nations not yet 
 belonging to the most dependent class was shown 
 to be inevitably towards a greater and greater 
 dependence on international trade. 
 
 5. The case of young nations, and partially 
 civilised nations,, was also alluded to, and it was
 
 138 On International Reform. 
 
 remarked that, although international intercourse be 
 not so much a necessity to them as to older nations, 
 it is necessary to the enjoyment of their peculiar 
 wealth ; while the dependence of the older nations 
 upon them is increasing every year. 
 
 6. The result of this gradually increasing inter- 
 dependence of civilised nations was shown to be 
 twofold : 
 
 1st. Modern modes of warfare are becoming 
 more and more injurious to neutrals. 
 
 2nd. They are at the same ^time becoming less 
 and less effective in the hands of belli- 
 gerents. 
 
 7. The reform of these modes of warfare, so as 
 to make them less injurious to neutrals, was shown 
 to be inevitable. But at the same time their 
 reform was shown to involve their becoming even 
 still less effective than they are. 
 
 8. Hence the conclusion was arrived at, that a 
 more radical reform was needful than that of the 
 mere modes of warfare. 
 
 9. The radical defect in the international system 
 was traced to the subsistence of what is, in fact, the 
 regime of international Lynch Law in a state of 
 international society, to meet the needs of which 
 it is wholly inadequate. 
 
 10. In accordance with the authority of the 
 great international jurists, the only radical cure 
 for this radical defect was shown to be the sub- 
 stitution of a system of positive international law.
 
 Conclusion. 139 
 
 11. Any system of positive law was shown to 
 involve three points 
 
 1. Its enactment. 
 
 2. Its interpretation. 
 
 3. Its enforcement. 
 
 And it was shown that the essential distinction 
 between positive law and Lynch Law consisted in 
 the enactment, interpretation, and enforcement of 
 the law being the joint act of the community of 
 nations, rather than being left for each individual 
 nation to do it for itself. 
 
 12. The enactment of positive international laws 
 was shown to require the actual consent of all 
 nations to be bound by them. And the Declara- 
 tion of Paris was alluded to as in its preamble 
 asserting the necessity for positive international 
 laws, and as in itself a practical precedent of the 
 mode of enacting them. 
 
 13. It was shown, with reference to the inter- 
 pretation of international law, that it must be 
 judicial i.e. that it must be given under the joint 
 authority of all parties to the law. From this it 
 was shown to result that such judicial interpreta- 
 tion must be strictly confined to what may have 
 been already constituted positive international law; 
 while that, with reference to such positive law 
 already enacted, as e.g. the Declaration of Paris, 
 the parties to its enactment are even now in 
 reality committed to its joint or judicial interpre- 
 tation in some way or other, though no machinery
 
 140 On International Reform. 
 
 has been yet organised for carrying out the object 
 in practice. 
 
 14. With reference to the enforcement of posi- 
 tive international law, it was shown that, after its 
 enactment by the joint act of several nations, it 
 ought to be jointly enforced, and that, although no 
 joint method of enforcing it has been organised, if 
 one nation, party to the Declaration of Paris, e.g., 
 were to refuse compliance with its provisions, the 
 remaining parties to it stand committed to its joint 
 enforcement in some way or other. 
 
 And now in conclusion, in thus looking at these 
 international problems as one whole tracing back 
 through the links of cause and effect the onward 
 course of civilisation, marking how, under the laws 
 of political economy, one thing has led to another, 
 how the past has led to the present and the pre- 
 sent is leading to an inevitable future, who can 
 fail to be impressed with the irresistibility of the 
 current which seems to be bearing us onward ? 
 If the laws which are fixed in the constitution of 
 things, and which regulate the civil and political 
 relations of mankind, be as irreversible by man as 
 are the laws of physical science ; if human will, 
 whether of kings or parliaments, be as powerless 
 to reverse the laws of political economy as the law 
 of gravitation ; and if, under the operation of 
 those laws, the onward course of civilisation has 
 compelled nations, and especially England, to adopt
 
 Conclusion. 141 
 
 the commercial policy to which they are so fully 
 committed, if such a policy is really inconsistent 
 with the continuance of Lynch: Law between nations, 
 and requires as its corollary the substitution of a 
 legal and judicial system, then, so far from such 
 a result appearing Utopian, it must, in view of 
 the irresistible march of civilisation, eventually 
 certainly come. Its accomplishment can only be a 
 question of time. 
 
 What, then, is the practical duty of statesmen ? 
 It must be this : 
 
 It behoves the statesmen of civilised nations, 
 and especially of England, in all their attempts to 
 rectify international relations, not only to keep 
 steadily in view the ultimate attainment of a legal 
 and judicial substitute for International Lynch 
 Law, but also by every means in their power to 
 make tentative approaches towards it. They can- 
 not undo the economic history of the past. They 
 cannot reverse the tendency to the increasing 
 interdependence of nations which is the result of 
 their present economic condition. They cannot 
 bend the inexorable laws of nature to make them 
 fit an international system which belongs to the 
 past. Their business is to reform the International 
 system, and to make it meet the needs of ad- 
 vancing international civilisation.
 
 143 
 
 POSTSCRIPT 
 
 ON THE RELATION OF THE REFORM ADVOCATED IN THE FORE- 
 GOING ESSAY TO THE LATE MR. COBDEN' S POLICY OF NON- 
 INTERVENTION. 
 
 IT may be well to add a few words to point out 
 the relation which the policy advocated in the 
 foregoing Essay bears to that policy of non-inter- 
 vention which was advocated with so much force 
 by the late Mr. Cobden. 
 
 I believe that, the two policies are not antago- 
 nistic, but that each is, in fact, strictly speaking, 
 the complement of the' other. 
 
 No one urged more strongly than did Mr. 
 Cobden the fact that we are rapidly passing into 
 a stage of civilisation in which the well-being of 
 the people of all nations requires that the great 
 economic principle of division and co-operation of 
 labour should be fully applied, not within the 
 limits of each nation only, but also to the whole 
 world. So far as regards the interchange of pro- 
 ducts and manufactures, he held that there should 
 be no international barriers. This is what he 
 meant by ' free trade.' 
 
 Mr. Cobden went further, and laid down the
 
 144 Postscript. 
 
 principle that a policy of free trade, if consistently 
 carried out, involves the freedom of commerce from 
 the risks of war. And he urged that the rights of 
 belligerent nations under international law should 
 be curtailed, so as to secure that commerce should 
 be as far as possible unmolested by their exercise. 
 (Mr. Cobden's Speeches, II. p. 299.) 
 
 He urged that the scope of the rules of inter- 
 national law laid down by the Treaty of Paris of 
 1856 should be so widened as to secure this 
 object. 
 
 Nor did Mr. Cobden shrink from the conse- 
 quence, that any breach of such a law by a 
 nation would necessitate the intervention of the 
 community of nations in its support. On the 
 contrary, he relied upon the fact that a nation 
 breaking the law would be bringing down upon 
 itself the united power of the whole community 
 of nations, as giving so serious a sanction to inter- 
 national law that in practice it would not be likely 
 to be broken : 
 
 We have this guarantee, that the international rules I am 
 now advocating will be respected : they are not contemplated 
 to be merely an article in a treaty between any two powers, 
 but to be fundamental laws regulating the intercourse of na- 
 tions, and having the assent of the majority of, if not all, 
 the maritime powers in the world. . . The nation which 
 has been a party to a general system of International Law 
 becomes an outlaw to all nations if it breaks its engage- 
 ment towards any one. , . I don't rely on the honour of 
 the individual nation . . . for observing the law : I rely 
 upon its being her interest to keep it, because if she were 
 at war with us, and were to break the law, she would not
 
 Postscript. 145 
 
 break it as against us alone, but as against the whole world. 
 (CoU&n's Speeches, II. p. 300.) 
 
 The reform advocated in this Essay is, therefore, 
 a reform which, in measure at least, Mr. Cobden 
 himself recognised as necessary, and as in full har- 
 mony with his policy of non-intervention. 
 
 On the other hand, the policy of non-intervention 
 is the necessary complement of the policy here 
 advocated. As stated in this Essay, the principle 
 of non-intervention rests upon the right of each 
 nation not to be interfered with in its own free 
 action, except so far as is needful to secure the 
 common weal of nations. In so far, therefore, as 
 the common weal of nations is placed, by the 
 adoption of a system of positive International Law, 
 under the protection of the community of nations, 
 a limit is at once put to the right and necessity of 
 individual intervention, and the excuse for it taken 
 away. 
 
 To take a -practical case : Had the war between 
 France and Germany arisen out of a direct breach 
 by one of the two nations of some point of inter- 
 national law clearly settled by some such treaty 
 as the Treaty of Paris of 1856, the nations, parties 
 to such treaty, would, according to the principles 
 urged in this essay, have been placed under the 
 direct obligation jointly to intervene in some way 
 or other to prevent the breach of International 
 Law. There would be then no such excuse for 
 individual intervention as there might be were the
 
 146 Postscript. 
 
 clearly recognised International Law, which was 
 broken, not clearly recognised to be under the joint 
 protection of the community of nations. 
 
 There was indeed, in the case which has occur- 
 red, no solid ground, according to the principles 
 urged in this essay, for the joint intervention of 
 other nations. And why ? Because there was 
 no clearly defined and recognised International 
 Law existing, the breach of which was the cause 
 of the war. 
 
 Much less was there any solid ground for indi- 
 vidual intervention. Under existing International 
 Law the war between France and Germany was 
 merely a private quarrel between two nations ; 
 and, therefore, for England to have interfered by 
 armed intervention, would have been intervention 
 without legal warrant in the private affairs of two 
 
 nations, and so would have been clearlv a breach 
 
 * 
 
 of the principle of non-intervention laid down in 
 this essay. It would have been, in fact, a rash 
 assumption by England in Europe of the position 
 assumed by Judge Lynch in Virginia, when he 
 took the law into his own hands and set the repre- 
 sentative example of Lynch Law. 
 
 Such a policy would not have been, in my 
 opinion, a wise policy for England to have pur- 
 sued. There seems to me to be nobler work for 
 her to do among the nations than this would have 
 been. 
 
 Let England throw the weight of her influence
 
 Postscript. 147 
 
 into the work of simplifying and obtaining the 
 consent of the civilised nations to just international 
 laws. Let her at the same time pursue strictly 
 the policy of non-intervention in the affairs of other 
 nations so earnestly urged by Mr. Cobden. Let 
 her acquire, by firm and consistent adherence to 
 these principles, the confidence of other nations in 
 her absolute international integrity. Let her at 
 the same tune set an example of earnest deter- 
 mination to grapple with her own internal evils, to 
 raise the character of her people, and to secure to 
 them the full inheritance of freedom. Thus to set 
 an example of a free nation desiring and respecting 
 the freedom of other nations, will do more to ex- 
 tend the influence of England than any policy of 
 intervention or international knight-errantry could 
 possibly do. 
 
 F. S. 
 1871.
 
 LONDON: PRINTED BY 
 
 SPOTTISWOODE AND CO., HHW-STKICET SIJTAHE 
 AND PARLIAMENT STREET
 
 39 PATEBNOSTEB Row, E.G. 
 LONDON: January 1871. 
 
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 PUBLISHED BY 
 
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 INDEX. 
 
 ACTON'S Modern Cookery 20 
 
 ALCOCK'S Residence iu Japan 16 
 
 ALLIES on Formation of Christendom 14 
 
 ALLEN'S Discourses of Chrysostom 14 
 
 Alpine Guide (The) 16 
 
 Journal 2C 
 
 ALTHAUS on Medical Electricity 10 
 
 ARNOLD'S Manual of English Literature . . 6 
 
 ARNOTT'S Elements of Physics 8 
 
 Arundines Cami 18 
 
 Autumn Holidays of a Country Parson .... 6 
 
 ATRE'S Treasury of Bible Knowledge 14 
 
 BACON'S Essays by WHATELT 5 
 
 Life and Letters, by SFEDDING . . 4 
 
 Works 5 
 
 BAIN'S Mental and Moral Science 7 
 
 on the Emotions and Will 7 
 
 on the Senses and Intellect 7 
 
 on the Study of Character 7 
 
 BALL'S Guide to the Central Alps 16 
 
 Guide to the Western Alps 16 
 
 Guide to the Eastern Alps 16 
 
 BAKING'S Staff College Essays 6 
 
 BATLDON'S Rents and Tillages 13 
 
 Beaten Tracks 16 
 
 BECKER'S Chwicles and Gallits 17 
 
 BENFET'S Sanskrit-English Dictionary 6 
 
 BERNARD on British Neutrality i 
 
 BERWICK'S Forces of the Universe 8 
 
 BLACK'S Treatise on Brewing 20 
 
 BLACKLET'S Word-Gossip 7 
 
 German-English Dictionary . . 6 
 
 BLACKIE and GOSSE'S Poems 18 
 
 BLAINE'S Rural Sports 19 
 
 Veterinary Art 19 
 
 BOURNE on Screw Propeller 13 
 
 's Catechism of the Steam Engine . . 13 
 
 Examples of Modern Engines . . 13 
 
 Handbook of Steam Engine 13 
 
 Treatise on the Steam Engine 13 
 
 Improvements in the same 13 
 
 BOWDLER'S Family SHAKSPEARE 18 
 
 BRAMLET-MOORE'S Six Sisters of the Valley 17 
 BRANDE'S Dictionary of Science, Literature, 
 
 and Art 10 
 
 BEAT'S (C.) Education of the Feelings .... 7 
 
 . Philosophy of Necessity 7 
 
 On Force 7 
 
 BROWNE'S Exposition of the 39 Articles .... 13 
 
 BBUNEL'S Life of BRUNEL 3 
 
 BUCKLE'S History of Civilisation 2 
 
 BULL'S Hints to Mothers 20 
 
 Maternal Management of Children . . 20 
 
 BUNSEN'S God in History 3 
 
 Memoirs 
 
 BUNSEN (E. De) on Apocrypha 15 
 
 's Keys of St. Peter 15 
 
 BURKE'S Vicissitudes of Families 4 
 
 BURTON'S Christian church 3 
 
 Vikram and the Vampire 17 
 
 Cabinet Lawyer 20 
 
 CALVERI'S Wife's Manual 15 
 
 CARR'S Sir R. WHITTINGTON is 
 
 CATES'S Biographical Dictionary 4 
 
 CATS and FARLIE'S Moral Emblems 12 
 
 Changed Aspects of Unchanged Truths 6 
 
 CHESNET'S Euphrates Expedition 17 
 
 Indian Polity 2 
 
 Waterloo Campaign 2 
 
 CHESNET'S and REEVE'S Military Essays . . 2 
 
 CHILD'S Physiological Essays n 
 
 Chorale Book for England n 
 
 CLOUGH'S Lives from Plutarch 2 
 
 COLENSO (Bishop) on Pentateuch and Book 
 
 of Joshua., n 
 
 Commonplace Philosopher in Town aud 
 
 Country g 
 
 CONINGTON'S Translation of Virgil's ^neid 18 
 
 CONTANSEAU'S Two French Dictionaries . . 6 
 CONTBEARE and HOWSON'S Life and Epistles 
 
 ofSt.Paul 13 
 
 COOPER'S Surgical Dictionary 10 
 
 COPLAND'S Dictionary of Practical Medicine 11 
 
 COTTON'S (Bishop) Life 3 
 
 COULTHART'S Decimal Interest Tables .... 20 
 
 Counsel and Comfort from a City Pulpit . . 6 
 
 Cox's (G. W.) Aryan Mythology 3 
 
 Tale of the Great Persian War 2 
 
 Tales of Ancient Greece 17 
 
 Cox's (T.) Poems is 
 
 CREST'S Encyclopaedia of Civil Engineering 13 
 
 Critical Essays of a Country Parson 6 
 
 CROOKES on Beet-Root Sugar 13 
 
 GULLET'S Handbook of Telegraphy 12 
 
 CUSACK'S Student's History of Ireland 2 
 
 D'AUBIGNE'S History of the Reformation in 
 
 the time of CALVIN 2 
 
 DAVIDSON 's Introduction to New Testament 14 
 
 Dead Shot (The), by MARKSMAN 19 
 
 DE LA RIVE'S Treatise on Electricity 8 
 
 DENISON'S Vice-Regal Life i 
 
 DE TOCQUEVILLE'S Democracy in America . 2 
 
 DISRAELI'S Lothair 17 
 
 Novels and Tales 17 
 
 DOBSON on the Ox 19 
 
 DOVE'S Law of Storms g 
 
 DOTLE'S Fairyland n 
 
 DTER'S City of Rome 2
 
 22 
 
 NEW WORKS PUBLISHED BY LONGMANS AND CO. 
 
 EASTLAKE'S Hints on Household Taste .... 12 
 
 History of Oil Painting 11 
 
 Life of Gibson 11 
 
 Edinburgh Review 20 
 
 EDMUNDS'S Names of Places 7 
 
 Elements of Botany 9 
 
 ELXICOII'S Commentary on Ephesiaus 14 
 
 Lectures on Life of Christ .... 14 
 
 Commentary on Galatians .... 14 
 
 Pastoral Epist. 14 
 
 Philippians.&c. 14 
 
 Thcssalonians 14 
 
 EWAXD'S History of Israel 14 
 
 FAIBBAIBN'S Application of Cast and 
 
 Wrought Iron to Building 12 
 
 Information for Engineers .... 12 
 
 Treatise on Mills and Millwork 12 
 
 Iron Shipbuilding 12 
 
 FABADAY'S Life and Letters 4 
 
 FAEBAB'S Chapters on Language 5 
 
 Families of Speech 7 
 
 FELKIN on Hosiery & Lace Manufactures. . 13 
 
 FENNEL'S Book of the Eoach 19 
 
 FFOULKES'S Christendom's Divisions 15 
 
 FITZWYQEAM on Horses and Stables 19 
 
 FOEBES'S Earls of Granard 4 
 
 FOWLEE'S Collieries and Colliers 20 
 
 FBANCIS'S Fishing Book 19 
 
 FEASEB'S Magazine 20 
 
 FBESHFIELD'S Travels in the Caucasus .... 16 
 
 FBOUDE'S History of England 1 
 
 Short Studies 7 
 
 GANOT'S Elementary Physics 8 
 
 GiANT(The) 17 
 
 GILBEET'S Cadore 16 
 
 ' and CHUBCHILL'S Dolomites 16 
 
 GIBTIN'S House I Live In 11 
 
 GLEDSTONE'S Life of WHITEFIELD 3 
 
 GODDABD'S Wonderful Stories 17 
 
 GOLDSMITH'S Poems, Illustrated 18 
 
 GOULD'S Silver Store 7 
 
 GBAHAM'S Book About Words 5 
 
 GRANT'S Ethics of Aristotle 5 
 
 Home Politics 2 
 
 Graver Thoughts of a Country Parson 6 
 
 Gray's Anatomy 11 
 
 GBEEITHOW on Bronchitis 10 
 
 GEOVE on Correlation of Physical Forces . . 9 
 
 GUBNET'S Chapters of French History .... 2 
 
 GWILT'S Encyclopedia of Architecture .... 12 
 
 HAMPDEN'S (Bishop) Memorials 3 
 
 Hare on Election of Representatives 6 
 
 HABTWIG'S Harmonies of Nature 9 
 
 Polar World 9 
 
 Sea and its Living Wonders .... 9 
 
 Tropical World 9 
 
 HAUGHTON'S Manual of Geology 9 
 
 HEBSCHEL'S Outlines of Astronomy 8 
 
 HEWITT on the Diseases of Women 10 
 
 HODGSON'S Time and Space 7 
 
 Theory of Practice 7 
 
 HOLMES'S Surgical Treatment of Children. . 10 
 
 HOLMES'S System of Surgery 10 
 
 HOOKEB and WALKEB-AENOTT'S British 
 
 Flora 9 
 
 HOBNE'S Introduction to the Scriptures . . 14 
 
 Compendium of the Scriptures . . 14 
 
 How we Spent the Summer 16 
 
 Ho WITT'S Australian Discovery 16 
 
 Northern Heights of London 16 
 
 Rural Life of England 16 
 
 Visits to Remarkable Places .... 17 
 
 HUBNEB'S Pope Sixtus S 
 
 HUGHES'S Manual of Geography 8 
 
 HUME'S Essays 7 
 
 Treatise on H umau Nature 7 
 
 IHNE'S History of Rome 2 
 
 INGELOVT'S Poems 18 
 
 Story of Doom 18 
 
 Mopsa 18 
 
 JAMESON'S Legends of Saints and Martyrs . . 
 Legends of the- Madonna 
 
 I. 1 
 12 
 
 Legends of the Monastic Orders 12 
 
 Legends of the Saviour 12 
 
 JOHNSTON'S Geographical Dictionary 8 
 
 JUKES on Second Death 15 
 
 on Types of Genesis 15 
 
 KALISCH'S Commentary on the Bible 6 
 
 Hebrew Grammar 6 
 
 KEITH on Destiny of the World 14 
 
 Fulfilment of Prophecy 14 
 
 KEEL'S Metallurgy, by CEOOKES and 
 
 ROHBIG 13 
 
 KIBBT and SPENCE'S Entomology 9 
 
 LATHAM'S Euglisli Dictionary 5 
 
 River Plate 8 
 
 LAWLOB'S Pilgrimages in the Pyrenees 16 
 
 LECKY'S History of European Morals 3 
 
 Rationalism 3 
 
 Leisure Hours in Town 6 
 
 Lessons of Middle Age 6 
 
 LE WES'S Biographical History of Philosophy 3 
 
 LEWIS'S Letters 4 
 
 LiDDELLand SCOTT'S Greek-Eng'ish Lexicon 6 
 
 Abridged ditto 6 
 
 Life of Man Symbolised 12 
 
 Margaret M. Hallahan 14 
 
 LINDLET and MOOEE'S Treasury of Botany 9 
 
 LINDSAY'S Evidence for the Papacy 14 
 
 LONGMAN'S Edward the Third 2 
 
 Lectures on History of England 2 
 
 Chess Openings 20 
 
 Lord's Prayer Illustrated 11 
 
 LOUDON'S Encyclopaedia of Agriculture .... 13 
 
 Gardening 18 
 
 Plants 9 
 
 LOWNDES'S Engineer's Handbook 12 
 
 LUBBOCK'S Origin'of Civilisation 9 
 
 Lyra Eucharistica 15 
 
 Germanica 11, 15 
 
 Messianica 15
 
 NEW WORKS PUBLISHED BY LOXGMANS AXD CO. 
 
 23 
 
 Lyra Mystica '. 15 
 
 MACAUJ,AT'S (Lord) Essays 3 
 
 History of England . . 1 
 
 Lays of Ancient Rome 18 
 
 Miscellaneous "Writings 7 
 
 Speeches 5 
 
 Works 1 
 
 MACFAEEEN'S Lectures on Harmony 11 
 
 MACLEOD'S Elements of Political Economy 5 
 
 Dictionary of Political Economy 5 
 
 Elements of Banking 19 
 
 Theory and Practice of Banking 19 
 
 McCuLLOCH's Dictionary of Commerce .... 19 
 
 Geographical Dictionary .... 8 
 
 MAGUIBE'S Life of Father Mathew 4 
 
 Pius IX 11 
 
 MALET'S Overthrow of Germanic Confede- 
 ration 2 
 
 MANNING'S England and Christendom .... 15 
 
 MABCET on the Larynx 11 
 
 MARSHALL'S Physiology 11 
 
 MABSHJIAN'S History of India 2 
 
 Life of Havelock 4 
 
 MABTINEAU'S Endeavours after the Chris- 
 tian Life 15 
 
 MASSINGBEED'S History of the Reformation 3 
 
 MATHESON'S England to Delhi 16 
 
 MAUNDEB'S Biographical Treasury 4 
 
 Geographical Treasury 8 
 
 Historical Treasury 3 
 
 Scientific and Literary Treasury 1 
 
 Treasury of Knowledge 20 
 
 Treasury of Natural History . . 9 
 
 MAT'S Constitutional History of England. . 1 
 
 MELVILLE'S Digby Grand 17 
 
 General Bounce 17 
 
 Gladiators 17 
 
 Good for Nothing 17 
 
 Holmby House 17 
 
 Interpreter 17 
 
 Kate Coventry 17 
 
 Queen's Maries 17 
 
 MENDELSSOHN'S Letters 4 
 
 MEEIVALE'S Fall of the Roman Republic . . 2 
 
 Romans under the Empire 2 
 
 MEEEIFIELD and EVEES'S Navigation .... 8 
 
 MILES on Horse's Foot and Horse Shoeing . 19 
 
 on Horses' Teeth and Stables 19 
 
 MILL ( J.) on the Mind 5 
 
 MILL (J. S.) on Liberty 4 
 
 Subjection of "Women 4 
 
 on Representative Government 4 
 
 on Utilitarianism 4 
 
 's Dissertations and Discussions 4 
 
 Political Economy 4 
 
 MILL'S System of Logic 5 
 
 Hamilton's Philosophy 4 
 
 Inaugural Address at St. Andrew's . 4 
 
 MILLEE'S Elements of Chemistry 10 
 
 Hymn "Writers 15 
 
 MITCHELL'S Manual of Architecture 12 
 
 Manual of Assaying 13 
 
 MONSELL'S Beatitudes 15 
 
 His Presence not his Memory . . 15 
 
 ' Spiritual Songs ' 15 
 
 51 GORE'S Irish Melodies 18 
 
 LallaRookh 18 
 
 Journal and Correspondence .... 3 
 
 Poetical Works 18 
 
 (Dr. G.) Power of the Soul over 
 
 the Body 15 
 
 MOEELL'S Elements of Psychology 7 
 
 MOEELL'S Mental Philosophy 7 
 
 MULLEB'S (Max) Chips from a German 
 
 Workshop 7 
 
 Lectures on the Science of Lan- 
 guage 5 
 
 (K. O.) Literature of Ancient 
 
 Greece a 
 
 MUECHISON on Liver Complaints 11 
 
 MUBE'S Language and Literature of Greece 2 
 
 New Testament Illustrated with Wood En- 
 gravings from the Old Masters 12 
 
 NEWMAN'S History of his Religious Opinions 4 
 
 NIGHTINGALE'S Notes on Hospitals 20 
 
 NILSSON'S Scandinavia 9 
 
 NOETHCOTE'S Sanctuary of the Madonna . . 14 
 
 NOETHCOTT on Lathes and Turning 12 
 
 NOETON'S City of London 16 
 
 Notes on Books 20 
 
 ODLING'S Animal Chemistry 10 
 
 Course of Practical Chemistry . . 10 
 
 Manual of Chemistry 10 
 
 Lectures on Carbon 10 
 
 Outlines of Chemistry 10 
 
 O'FLANAGAN'S Irish Chancellors 4 
 
 Our Children's Story 17 
 
 OWEN'S Comparative Anatomy and Physio- 
 logy of Vertebrate Animals 9 
 
 Lectures on the Invertebrata 9 
 
 PACKE'S Guide to the Pyrenees 16 
 
 PAGET'S Lectures on Surgical Pathology . . 10 
 
 PEEEIEA'S Manual of Materia Medica 11 
 
 PEEKINS'S Italian and Tuscan Sculptors . . 12 
 
 PEWTNEE'S Comprehensive Specifier 20 
 
 Pictures in Tyrol 16 
 
 PIESSE'S Art of Perfumery 13 
 
 Chemical, Natural, and Physical Magic 13 
 
 PONTON'S Beginning 9 
 
 PEATT'S Law of Building Societies 20 
 
 PEENDEEGAST'S Mastery of Languages .... 6 
 
 PEESCOTT'S Scripture Difficulties 14 
 
 Present-Day Thoughts, by A. K. H. B 6 
 
 PEOCTOE'S Handbook of the Stars 8 
 
 Saturn 8 
 
 Other Worlds than Ours 8 
 
 Sun 8 
 
 RAE'S Westward by Rail 16 
 
 Recreations of a Country Parson 6 
 
 REICHEL'S See of Rome 14 
 
 REILLT'S Map of Mont Blanc 16 
 
 REIMANN on Aniline Dyes 13 
 
 REYNOLDS'S Glaphyra 18 
 
 RILET'S Memorials of London 16 
 
 RrvEBS's Rose Amateur's Guide 9 
 
 ROBBINS'S Cavalry Catechism 19 
 
 ROGEES'S Correspondence of Greyson 7 
 
 Eclipse of Faith .7 
 
 Defence of Faith 7 
 
 ROGET'S Thesaurus of English Words and 
 
 Phrases 5 
 
 Korna Sotterranea 16
 
 'J! 
 
 NEW WORKS PUBLISHED BY LONGMANS AND CO. 
 
 RONALDS'S Fly-Fisher's Entomology 19 
 
 ROSE'S Loyola 14 
 
 ROTHSCHILD'S Israelites 14 
 
 ROWTON'S Debater 5 
 
 RULE'S Karaite Jews 14 
 
 RUSSELL on Government and Constitution 1 
 's (Earl) Speeches and Despatches 1 
 
 SANDARS'S Justinian's Institutes 5 
 
 SCOTT'S Lectures on the Fine Arts 11 
 
 Albert Durer 11 
 
 SEEBOHM'S Oxford Reformers of 1498 2 
 
 SEWELL'S After Life 17 
 
 Glimpse of the World 17 
 
 History of the Early Church .... 3 
 
 Journal of a Home Life 17 
 
 Passing Thoughts on Religion . . 15 
 
 Poems r-f Bygone Years 18 
 
 Preparation for Communion .... 15 
 
 Principles of Education 15 
 
 Readings for Confirmation 15 
 
 Readings for Lent 15 
 
 Examination for Confirmation . . 15 
 
 Stories and Tales .. 17 
 
 Thoughts for the Age 15 
 
 Thoughts for the Holy Week .... 15 
 
 SHAKSPEARE'S Midsummer Night's Dream, 
 
 illustrated with Silhouettes 12 
 
 SHIPLEY'S Four Cardinal Virtues 14 
 
 Invocation of Saints 15 
 
 SHORT'S Church History 3 
 
 Smart's WALKER'S English Dictionaries . . 5 
 
 SMITH'S (SOUTHTVOOD) Philosophy of Health 20 
 
 (J.) Paul's Voyage and Shipwreck 14 
 
 (SYDNEY) Lire and Letters 3 
 
 Miscellaneous Works . . 7 
 
 Wit and Wisdom 7 
 
 SOUTHEY'S Doctor 5 
 
 Poetical Works 18 
 
 STANLEY'S History of British Birds 9 
 
 STEBBING'S Analysis of MILL'S Logic 5 
 
 STEPHEN'S Ecclesiastical Biography 4 
 
 Playground of Europe 16 
 
 STIRLING'S Secret of Hegel 7 
 
 Sir, WILLIAM HAMILTON 7 
 
 STONEIIENGE on the Dog 19 
 
 on the Greyhound 19 
 
 STRICKLAND'S Tudor Princesses 4 
 
 Queens of England 4 
 
 Strong and Free 7 
 
 Sunday Afternoons at the Parish Church of 
 
 a Scottish University City 6 
 
 TAYLOR'S History of India 2 
 
 (Jeremy) Works, edited by EDEN 15 
 
 THIRLW ALL'S History of Greece 2 
 
 THOMSON'S Conspectus 11 
 
 Laws of Thought 5 
 
 Three Weddings 17 
 
 TODD (A.) on Parliamentary Government . . 1 
 and BOWMAN'S Anatomy and Phy- 
 siology of Man 11 
 
 TRENCH'S lerne 17 
 
 Realities of Irish Life 2 
 
 TROLLOPE'S Barchcster Towers 17 
 
 Warden 17 
 
 Twiss's Law of Nations 19 
 
 TYNDALL'S Diamaguetism 8 
 
 Faraday as a Discoverer 4 
 
 Lectures on Electricity 9 
 
 Lectures on Light 8 
 
 Lectures on Sound 
 
 Heat a Mode of Motion^ 8 
 
 Essays on the Imagination in 
 
 Science 
 
 Uncle PETER'S Fairy Tale 18 
 
 URE'S Dictionary of Arts, Manufactures, and 
 
 Mines 12 
 
 VAN DER HOEVEN'S Handbook of Zoology. . 9 
 
 Visit to my Discontented Cousin 17 
 
 WARBURTON'S Hunting Songs 18 
 
 WATSON'S Principles and Practice of Physic 10 
 
 WATTS'S Dictionary of Chemistry 10 
 
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 on the Horse 19 
 
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