Page:The American Cyclopædia (1879) Volume X.djvu/235

This page needs to be proofread.

LAW OF NATIONS LAWRENCE 229 The power of making a peace is determined by the fundamental law of every state. Under our constitution the assent of the two houses of congress is essential to a declaration of war ; but the president, with the consent of two thirds of the senate, may agree upon a peace. A treaty of peace takes effect from the day when it is ratified. Every act of force or vio- lence subsequent to that is unlawful. Yet the party who is guilty of it is not criminally guilty if he had no notice of the peace; and in the case of a capture under such circum- stances, the captor's sovereign is bound to ef- fect restitution of the property. So when a period has been fixed for the cessation of hos- tilities at a specified locality, and before the period has arrived, but with a knowledge of the peace, a capture has been made, the cap- ture is void. The treaty puts an end to the war, and puts at rest for ever the debated mat- ters which were its cause. It leaves every- thing in the state in which it finds it. Con- quered lands and fortresses remain with the conqueror, unless otherwise stipulated. Gen- erally, things which by the treaty are to be re- stored must be restored in the condition in which they were taken. Thus if a conqueror has rebuilt a town or fortress, and made it what it was before the siege, he should restore it in that condition ; but any new works which he has added he may destroy. The particular peace restored by treaty may be broken by omitting to fulfil its stipulations, or by doing some act which contravenes them. The viola- tion of one article is a breaking of the whole treaty, and ends the peace. The settlement of international disputes by arbitration, or by the establishment of a special international court for the controversy, has been often re- sorted to ; and in the conspicuous instance of the Alabama claims, that method of arrange- ment was brought more particularly to the favorable consideration of the civilized world than ever before. There are not wanting those who believe it destined rapidly to super- sede the resort to arms, and those who do not share this expectation have reason to believe that the terrible arbitrament of war will be often averted by an agreement upon such courts. See "Elements of International Law," by Henry Wheaton, and particularly the recent editions by William Beach Lawrence (2d ed., Boston, 1863) and Richard H. Dana (8th ed., Boston, 1866); "Commentaries upon Inter- national Law," by Robert Phillimore, M. P. (4 vols., London, 1854-'61); "Lectures on In- ternational Law," by Travers Twiss, D. 0. L. (London, 1856); "Introduction to the Study of International Law," by Theodore D wight Woolsey (Boston, 1860; 4th ed., revised and enlarged, New York, 1874) ; " International Law, or the Rules regulating the Intercourse of States in Peace and War," by Mai. Gen. H. W. Halleck, U. S. A. (New York, 1861 ; Philadel- phia, 1866); and numerous foreign authorities referred to in these. Some initiatory steps have recently been made looking to an author- itative codification of international law, but they have reached as yet no important result. Dr. Bluntschli of Heidelberg has published a work upon the subject ; and Mr. David Dud- ley Field published " Outlines of an Interna- tional Code " (New York, 1872). There is an- other branch of the law of nations, commonly designated private international law, which supplies the rules under which the ordinary courts of justice determine the rights of pri- vate parties, where they arise wholly or in part in a foreign jurisdiction. These rules have been treated elaborately by Judge Story in his " Conflict of Laws" (6th ed., revised and enlarged, edited by I. F. Redfield, Boston, 1865), and recently by Mr. Francis Wharton under the same title (Philadelphia, 1872). A treatise by F. K. Savigny on the same subject has been translated into English (London, 1869). Instead of considering them separately here, we refer to them, in their application to contracts, marriage, and other subjects, under the proper titles. (See also LEX Loci.) LAWRANCE, John, an American statesman, born in Cornwall, England, in 1750, died in New York in November, 1810. He emigrated to America in 1767, settled in the city of New York, was admitted to the bar in 1772, and soon established himself in successful practice. An active patriot at the outbreak of the revolu- tion, he served in the army throughout the war, first as aide-de-camp to his father-in-law Maj. Gen. McDougall, and afterward attached to the general staff as judge advocate general. In the latter capacity he conducted the proceedings of the court of general officers appointed to in- quire into the case of Major Andre. On the termination of hostilities he returned to New York, where for many years he was engaged in a large and lucrative professional practice. In 1785-'7 he was a delegate to the congress of the confederation, but was superseded in 1788 in consequence of his advocating the new fed- eral constitution. He was a member of the state senate when in 1789 he was elected the first representative from New York city in the first United States congress. He was a zeal- ous and able defender of the measures of Wash- ington, and a political and personal friend of Hamilton. He was elected to the second con- gress, and in 1794 was appointed judge of the United States court for the New York district. He resigned in 1796 upon being elected to the United States senate, of which he was for a time president. He supported the measures of President Adams, upon whose retirement he resigned and withdrew to private life. LAWRENCE, the name of ten counties in the United States. I. A W. county of Pennsylva- nia, bordering on Ohio, and watered by Beaver river and its constituents the Mahoning and Chenango ; area, 360 sq. m. ; pop. in 1870, 27,298. It contains limestone and valuable coal and iron mines ; the surface is somewhat uneven and the soil fertile. It is traversed by