l
entanglements that we have sometimes failed to uphold principles of law
in the validity of which we were as much concerned as any other nation.
We have always recognized international law as a part of the law of the
land, and we have always acknowledged the moral responsibilities that
rested on us as a member of the society of nations. In fact, the
Constitution of the United States expressly recognizes the binding
force of the law of nations and of treaties. As international law is
the only law that governs the relations between states, we are, of
course, directly concerned in the enforcement of existing law and in
the development of new law. When the Declaration of Paris was drawn up
by the European powers at the close of the Crimean War in 1856, the
United States was invited to give its adherence. The four rules
embodied in the declaration, which have since formed the basis of
maritime law, are as follows: First, privateering is, and remains,
abolished. Second, the neutral flag covers enemy's goods, with the
exception of contraband of war. Third, neutral goods, with the
exception of contraband of war, are not liable to capture under the
enemy's flag. Fourth, blockades, in order to be binding, must be
effective. The United States Government was in thorough accord with
the second, third, and fourth rules but was unwilling, as matters then
stood, to commit itself to the first rule. It had never been our
policy to maintain a large standing navy. In the War of 1812, as in
the Revolution, we depended upon privateers to attack the commerce of
the enemy. In reply to the invitation to give our adherence to the
declaration, Secretary Marcy made a counter proposition, namely, that
the powers of Europe should agree to exempt all private property,
except of course contraband of war, from capture on the high seas in
time of war. He said that if they would agree to this, the United
States would agree to abolish privateering. The powers of Europe
refused to accept this amendment. We refrained from signing the
Declaration of Paris, therefore, not because it went too far, but
because it did not go far enough.

During the Civil War the United States Government used its diplomatic
efforts to prevent the recognition of the independence of the
Confederacy and the formation of hostile alliances. It made no effort
to form any alliance itself and insisted that the struggle be regarded
as an American question. The dispute wi