Excerpt from International Law, Vol. 1 of 2: Chiefly as Interpreted and Applied by the United States

Some years ago Professor John H. Wigmore, Dean of the Law School of Northwestern University, suggested to the author the preparation of a treatise reflecting what might be called the American conception of international law. That work was then begun. Out of it have grown the present volumes. They em body the results of a study of international law chiefly as it has been interpreted and applied by the United States. They express an attempt primarily to portray what the United States, through the agencies of its executive, legislative and judicial departments, has deemed to be the law of nations.

It is not suggested that in legal contemplation there exists an American international law as distinct from that which meces sarily prevails throughout the society of civilized States. It is believed, however, that the views of the Department of State (embracing by implication those of the President), of the Con gress, and of the Courts of the United States, together with those of certain other governmental agencies, give expression to an authentic American understanding of what the principles of international law really are. Such an understanding is entitled to thorough examination and critical analysis; for it constitutes the only scientific basis for the formulation of principles in reliance upon which the United States, Whether at the Hague or elsewhere, may participate intelligently and worthily in the common effort to render the law of nations closely responsive to the just and changing demands of civilization. Clearness of thought concern ing rules which any State may soundly press for adoption in a codification designed for general approval imposes, as a condi tion precedent, an exact enunciation of what are conceived to be the, existing requirements of international law.

The scope of the present work necessarily calls for the treat ment of numerous matters which, however closely associated with the international obligations of the United States, refer primarily to the domestic activities of an independent State in pursuance of its fundamental law. Thus, in relation to topics bearing.

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