tion. 3. Text writers of authority. 4. Ordinances or laws of particular states, prescribing rules for the conduct of their commissioned cruisers and prize tribunals. 5. The history of the wars, negociations, treaties of peace, and other matters relating to the public intercourse of nations. 6. Treaties of peace, alliance and commerce, declaring, modifying, or defining the pre-existing international law. Wheat. Intern. Law, pt. 1, c. 1, § 14. those rights. Vattel's Law of Nat. | prize courts and boards of arbitraPrelim. 3. Some complaints, per§ haps not unfounded, have been made as to the want of exactness in the definition of this term. Mann. Comm. 1. The phrase "international law," has been proposed in its stead. 1 Benth. on Morals and Legislation, 260, 262. It is a system of rules deducible by natural reason from the immutable principles of natural justice, and established by universal consent among the civilized inhabitants of the word; Inst. lib. 1, t. 2, §1; Dig. lib. 1, t. 1, l. 9; in order to decide all disputes, and to insure the observance of good faith and justice in that intercourse which must frequently occur between them and the individuals belonging to each; or they depend upon mutual compacts, treaties, leagues and agree ments between the separate free, and independent communities. International law is generally divided into two branches; 1. The Natural law of nations, consisting of the rules of justice applicable to the conduct of states. 2. The Positive law of nations, which consists of, 1st. The voluntary law of nations, derived from the presumed consent of nations, arising out of their general usage. 2d. The Conventional law of nations, derived from the express consent of nations, as evidenced in treaties and other international compacts. 3d. The Customary law of nations, derived from the express consent of nations, as evidenced in treaties and other international compacts between themselves. Vattel, Law of Nat. Prel. The various sources and evidence of the law of nations are the following: 1. The rules of conduct, deducible by reason from the nature of society existing among independent states, which ought to be observed among nations. 2. The adjudication of international tribunals, such as The law of nations has been divided by writers into necessary, and voluntary; or into absolute and arbitrary; by others into primary and secondary, which latter has been divided into customary and conventional. Another division which is the one more usually employed, is that of the natural and positive law of nations. The natural law of nations consists of those rules, which, being universal, apply to all men and to all nations, and which may be deduced by the assistance of revelation or reason, as being of utility to nations, and inseparable from their existence. The positive law of nations consists of rules and obligations, which owe their origin, not to the divine or natural law, but to human compacts or agreements, either express or implied; that is they are dependent on custom or convention. Among the Romans there were two sorts of laws of nations, namely, the primitive, called primarium, and the other known by the name of secundarium. The primarium, that is to say, primitive or more ancient, is properly the only law of nations which human reason suggests to men; as the worship of God, the respect and submission which children have for their parents, the attachment which citizens have for their country, the good faith which ought to be the soul of every agree ment, and the like. The law of nations called secundarium, are certain usages which have been established among men, from time to time, as they have been felt to be necessary. Ayl. Pand. B. 1, t. 2, p. 6. the religious sentiment; 6, sociability. 1. When man in properly organized, he is able to discover moral good from moral evil; and the study of man proves that man is not only an intelligent, but a free being, and he is therefore responsible for his actions. The judgment we form of those of our good actions, produces happiness; on the contrary the judgment we form of our bad actions produces unhappiness. As to the law of nations generally, see Vattel's Law of Nations; Wheat. on Intern. Law; Marten's Law of Nations; Chitty's Law of Nations; Puffend. Law of Nature and of Nations, book 3; Burlamaqui's Natural Law, part 2, c. 6; Principles of Penal Law, ch. 13; Mann. Comm. on 2. Every animated being is impellthe Law of Nations; Leibnitz, Codexed by nature to his own preservation, Juris Gentium Diplomaticus; Binker- to defend his life and body from inshoek, Quæstionis Juris Publici, a juries, to shun what may be hurtful, translation of the first book of which, and to provide all things requisite to made by Mr. Duponceau, is published his existence. Hence the duty to in the third volume of Hall's Law watch over his own preservation. Journal; Klüber, Droit des Gens Suicide and duelling are therefore Moderne de l'Europe; Dumont, contrary to this law; and a man canCorps Diplomatique; Mably, Droit not mutilate himself, nor renounce to Public de l'Europe. Kent's Comm. his liberty. Lecture 1. 3. The attraction of the sexes has been provided for the preservation of the human race, and this law condemns celibacy. The end of marriage proves that polygamy, (q. v.) and polyandry, (q. v.) are contrary to the law of nature. Hence it follows that the husband and wife have a mutual and exclusive right over each other. LAW OF NATURE. The law of nature is that which God, the sovereign of the universe, has prescribed to all men, not by any formal, promulgation, but by the internal dictate of reason alone. It is discovered by a just consideration of the agreeableness or disagreeableness of human actions to the nature of man; and it comprehends all the duties we owe either to the Supreme Being, to ourselves, or to our neighbours; as reverence to God, self-supplies for this weakness. This is defence, temperance, honour to our parents, benevolence to all, a strict adherence to our engagements, gratitude, and the like. Erskine's Pr. of L. of Scot. B. 1, t. 1, s. 1. See Ayl. Pand. tit. 2, p. 5; Cicer. de Leg. lib. 1. The primitive laws of nature may be reduced to six, namely: 1, comparative sagacity, or reason; 2, selflove; 3, the attraction of the sexes to each other; 4, the tenderness of parents towards their children; 5, 4. Man from his birth is wholly unable to provide for the least of his necessities; but the love of his parents one of the most powerful laws of nature. The principal duties it imposes on the parents, are to bestow on the child all the care its weakness requires, to provide for its necessary food and clothing, to instruct it, to provide for its own wants, and to use coercive means for its good, when requisite. 5. The religious sentiment which leads us naturally towards the Supreme Being is one of the attributes which belong to humanity alone; and its importance gives it the rank of the moral law of nature. From this sentiment arise all the sects and different forms of worship among men. LAW, RHODIAN, in maritime law, is a code of laws adopted by the people of Rhodes, who had, by their commerce and naval victories, obtained the sovereignty of the sea, about nine hundred years before the Christian era. There is reason to suppose this code has not been transmitted to posterity, at least not in a perfect state. A collection of mar 6. The need which man feels to live in society is one of the primitive laws of nature, whence flow our duties and rights; and the existence of society depends upon the condition that the rights of all shall be respected. On this law are based the assist-ine constitutions, under the denomiance, succours and good offices which men owe to each other, they being unable to provide each every thing for himself. nation of Rhodian Laws may be seen in Vinnius, but they bear evident marks of a spurious origin. See Marsh. Ins. B. 1, c. 4, p. 15; this Dict. Code; Laws of Oleron; Laws of Wisbuy; Laws of the Hanse Towns. LAW, STATUTE, or legis scriptæ. A statute is either general or special, public or private. A general or public act is an universal rule, that regards the whole community. Special or private acts are rather exceptions than rules, being those which operate only upon particular persons and private concerns. 1 Bl. Com. 85, 6. See Constitution; Statute. LAW, POSITIVE. Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1. The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2. The customary law, or that which, from motives of convenience, has, by tacit, but implied agree ment, prevailed, not generally indeed among all nations, nor with so permanent an utility as to become a portion of the universal voluntary law, LAW, WRITTEN, lex scripta, but enough to have acquired a pre-consists of the constitution of the scriptive obligation among certain United States; the constitutions of states so situated as to be mutually the several states; the acts of the benefitted by it. 1 Taunt. 241. 3. legislative assemblies, as the acts of The conventional law, or that which congress and of the legislatures of is agreed between particular states by the several states; and of treaties. express treaty, a law binding on the See Law, Statute. parties among whom such treaties are in force. 1 Chit. Comm. Law, 28. LAW, RETROSPECTIVE. A retrospective law is one that is to take effect, in point of time, before it was passed. Whenever a law of this kind impairs the obligation of contracts it is void. 3 Dall. 391. But laws which only vary the remedies, divest no right, but merely cure a defect in proceedings otherwise fair, are valid. 10 Serg. & Rawle, 102, 3; 15 Serg. & Rawle, 72; see Ex post fucto. Law, unwritten, or lex non scripta, is composed of the law of nature, the law of nations, and of the common law. See Law of Nature; Law of Nations; Law, Common. LAW OF THE TWELVE TABLES. Laws of ancient Rome composed in part from those of Solon, and other Greek legislators, and in part from the unwritten laws or customs of the Romans. These laws first appeared in the year of Rome 303, inscribed on ten plates of brass. The following year two others were added, and the entire code bore the name of the Laws of the Twelve Tables. The principles they contained became the source of all the Roman law, and serve to this day as the foundation of the jurisprudence of the greatest part of Europe. See a fragment of the Law of the Twelve Tables in Coop. Justinian, 656; Gibbon's Rome, c. 44. LAWFUL. What is not forbid. den by law. Id omne licitum est, quod non est legibus prohibitum, quamobrem, quod, lege permittente, fit, pœnam non meretur. To be valid a contract must be lawful. LAWS EX POST FACTO, are those which are made to punish actions committed before the existence of such laws, and which had not been declared crimes by preceding laws. Declar. of Rights, Mass. part 1, s. 24; Declar. of Rights, Maryl. art. 15. By the constitution of the United States and those of the several states, the legislatures are forbidden to pass ex post facto laws. Const. U. S. art. 1, s. 10, subd. 1. There is a distinction between er post facto laws, and retrospective laws; every ex post facto law must necessarily be retrospective, but every retrospective law is not an ex post facto law; the former only are prohibited. Laws under the following circumstances are to be considered ex post facto laws, within the words and intents of the prohibition; 1st, Every law that makes an act done before the passing of the law, and which was innocent when done, criminal, and punishes such action; 2dly, Every law that aggravates a crime, or makes it greater than it was when committed; 3dly, Every law that changes the punishment, and inflicts a greater punishment than the law annexed to the crime when committed; 4thly, Every law that alters the legal rules of evidence and receives less, or different testimony, than the law required at the time of the commission of the offence, in order to convict the offender. 3 Dall. 390. The policy, the reason and humanity of the prohibition against passing ex post facto laws, do not extend to civil cases, to cases that merely affect the private property of citizens. Some of the most necessary acts of legislation are, on the contrary, founded upon the principles that private rights must yield to public exigencies. 3 Dall. 400; 8 Wheat. 89; see 1 Cranch, 109; 1 Gall. Rep. 105; 9 Cranch, 374; 2 Pet. S. C. R. 627 ; Ib. 380; Ib. 523. LAWS OF OLERON, in maritime law, a code of sea laws of deserved celebrity. It was origi nally promulgated by Eleonor, duchess of Guienne, the mother of Richard the First, of England. Returning from the Holy Land, and familiar with the maritime regula tions of the Archipelago, she enacted these laws at Oleron in Guienne, and they derive their title from the place of their publication. The language in which they were originally writ ten is the Gascon, and their first object appears to have been the commercial operations of that part of France only. Richard I., of Eng land, who inherited the dukedom of Guienne from his mother, improved this code, and introduced it into England. Some additions were made to it by King John; it was promul gated anew in the 50th year of Henry III., and received its ultimate confir mation in the 12th year of Edward III. Brown's Civ. and Adm. Law, vol. ii. p. 40. These laws are inserted in the beginning of the book entitled, " Us et coutumes de la mer," with a very excellent commentary on each section by Clairac, the learned editor. A translation is to be found in the Appendix to 1 Pet. Adm. Dec.; Marsh. Ins. B. 1, c. 1, p. 16. See Laws of Wisbuy; Laws of the Hanse Towns; Code. to the master of a vessel for loading and unloading the same. They differ from demurrage, (q. v.) LAY PEOPLE. By this expression was formerly understood jurymen. Finch's Law, B. 4, p. 381; Eunom. Dial. 2, § 51, p. 151. LAZARET or LAZARETTO. A place selected by public authority where vessels coming from infected or unhealthy countries are required to perform quarantine. Vide Health. LESE MAJESTATIS CRIMEN. The crime of high treason. Glanv. lib. 1, c. 2; Clef des Lois Rom. h. t. ; Inst. 4, 18, 3; Dig. 48, 4; Code, 9, 8. LAWS OF WISBUY, in maritime law, is a code of sea laws established by "the merchants and masters of the magnificent city of Wisbuy." This city was the ancient capital of Gothland, an island in the Baltic sea, anciently much celebrated for its commerce and wealth, now an obscure and inconsiderable place. Malyne, in his collection of sea laws, p. 44, says that the laws of Oleron were translated into Dutch by the people of Wisbuy for the use of the Dutch coast. By LE ROI S'AVISERA. The king Dutch, he probably means German, will consider of it. This phrase is and it cannot be denied that many of used by the English monarch when he the provisions contained in the Laws gives his dissent to an act passed by of Wisbuy, are precisely the same the lords and commons. Vide Veto. as those which are found in the Laws LEADING QUESTION, eviof Oleron. The northern writers pre-dence, practice, is one put to a wittend however that they are more an-ness, which puts into the witness's cient than the Laws of Oleron, or mouth the words to be echoed back, even the Consolato del Mare. Clai-or plainly suggests the answer which rac treats this notion with contempt. the party wishes to get from him, and declares that at the time of the 7 Serg. & Rawle, 171; 4 Wend. promulgation of the laws of Oleron, Rep. 247; in that case the examiner in 1266, which was many years is said to lead him to the answer. after they were compiled, the magni. It is not always easy to determine ficent city of Wisbuy had not yet what is or is not a leading question. acquired the denomination of a town. These questions cannot in general Be this as it may, these laws were be put to a witness in his examinafor some ages, and indeed still re-tion in chief, 6 Binn. R. 483; 3 main, in great authority in the north- Binn. R. 130; 1 Phill. Ev. 221; 1 ern part of Europe. "Lex Rhodia Stark. Ev. 123. Even in an examinavalis," says Grotius, "pro jure nation in chief, questions may be put gentium, in illo mare Mediteraneo to lead the mind of the witness to the vigebat; sicut apud Gallium leges subject of inquiry; and they are alOleronis, et apud omnes transrhen-lowed when it appears the witness anos, leges Wisbuenses.' Grotius wishes to conceal the truth, or to de Jure bel. lib. 2, c. 3. favour the opposite party, or where, from the, nature of the case, the mind of the witness cannot be directed to the subject of inquiry, without a particular specification of such subject. 1 Camp. R. 43; 1 Stark. C. 100. In cross-examinations, the examiner has generally the right to put leading A translation of these laws is to be found in 1 Peters's Adm. Dec. Appendix. See Code; Laws of Olero". LAWYER. A counsellor; one learned in the law. Vide Attorney. LAY-DAYS, is the time allowed |