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The Place of International Law in American Jurisprudence. is properly the object of its jurisdiction) the legislature or in the form of a judicial is here adopted in its full extent by declaration. When direct legislation takes the common law, and is held to be a part place the opinion of writers on international of the law of the land. And those acts of law as to what usages are just or convenient Parliament which have from time to time is useful as indicating to the legislature what been made to enforce this universal law, or are the limits within which other nations are to facilitate the execution of its decisions, are likely to acquiesce in their legislation. When not to be considered as introductive of any law upon such a subject has to be judicially new rule, but merely as declaratory of the declared it is the duty of the judges (in Eng old fundamental constitutions of the king land at least) to recollect that they are de dom; without which it must cease to be a claring a part of the law of their own coun part of the civilized world. Thus in mercan try, and that the statements of writers upon tile questions, such as bills of exchange and international law are valuable only in so far the like; in all marine causes, relating to as they establish the existence as a historical freight, average, demurrage, insurances, bot- fact of some positive usage, and that their tomery, and others of a similar nature; the opinion that a given usage would be just law merchant, which is a branch of the law or convenient does not prove that it has in of nations, is regularly and constantly ad fact existed. If no such usage is shown to hered to. So too in all disputes relating exist, the result will be that the general law to prizes, to shipwrecks, to hostages, and must prevail, even though it may be shown ransom bills, there is no other rule of de that it is defective, and that it would be just, cision but this great universal law, collected necessary, or expedient to supplement it by from history and usage, and such writers of legislation." (Stephen: History of the Crimi all natio.is and languages as are generally nal Law of England. 1883.) approved and allowed of." There must, therefore, be something the And a more recent and highly considered matter with a definition of law which would authority—likewise a judge—says in sum exclude therefrom a not inconsiderable part ming up the doctrine laid down in the case of the common law of England. of The Queen v. Keyn, 1876, (L. R., 2 Ex. It is common learning that the common Div. 63.)—As between nation and nation law passed with the English colonists to there are no laws properly so called, though America, and that they both claimed and re there are certain established usages of which ceived its benefits. The Constitution of 1789 the evidence is to be found in the writings gives Congress the power to define and of persons who give the history of the rela punish piracies and felonies committed on tions which have prevailed between nation the high seas and offenses against the law and nation. Such usages are by the law of of nations." England a part of the law of England if no The law of nations must thus have other law overrules them. been regarded by the framers of the instru "There are some particular subjects upon ment as municipal law, for nations do not which the laws of each nation affect the in punish offenses against foreign laws. It is terests of all other nations, and in respect of also elementary that when a statute or law such subjects every nation exercises a power is adopted by another nation the interpreta of concurrent legislation over all mankind tion of the law goes with it, and that techwhich is recognized by. all other nations. | nical words are given the same meaning and This legislative power may be exercised construction that they had in the borrowed either in the way of positive enactment by statute. The law of nations was part of the