LAW 74 L4W
recognition of international law amon^ all peoples was protect the Christian Church. . . . The Gospel was to
the Church. A common faith, imposing the same ob- be the law of nations. The State would consolidate
ligation^ upon the individual members of the Church the nations, while the Church would sow tiie seeds of
among all nations, obviously tended to the establish- revealed truth " (Janssen, " History of the German
ment and recognition of rules of justice and morality People ", II, 110 sq.) . In this ideal we find the medie-
as among the nations themselves; and, when the more val conception of the State. Although the ideal was
general acceptance of the obligations of Christianity never completely realized, yet it met such general ac-
became the rule, it followed naturally that the Head ceptance tnat the emperor became the chief protector
of the Church, the pope holding the Divine commis- of law and order and the arbiter between lesser princes,
sion, should become the universal arbiter in disputes The growth of the power of the State gradually dimin-
among nations. For centuries the ^reat o£Bces of ished that of the feudal barons, whose petty conten-
state, especially those having to do with foreign rela- tions and the violence of whose lives were a hindrance
tions, wore held by bishops learned in canon law, and, to the development of international justice. Until
as canon law was based upon Roman law and espe- this phase of the beginnings of civilization changed
cially adapted to the government of the Church whose there was little to ameliorate the brutality of conduct
jurisdiction was not Dounded by state lines, it nat- between warring peoples, except as the individual
urally suggested many of the rules that have found a education of knights in chivalry affected their conduct, place in mtemational law. The pope became the Another influence of great importance in the forma-
natural arbitrator between nations, and the power to tion of international law were the general councils of
which appeals were made when the laws of justice and the Church, affecting as they did all Christian nations
morality were flagrantly violated by sovereigns either and laying down rules of faith and discipline binding
in relation to their own subjects or to foreign nations, alike upon individuals and governments. The history
As the empire founded by Charlemagne gained in and development of rules of international law from
power and extent, the controversies precipitated by these early beginnings have been traced to contem-
the conflicting claims of civil and ecclesiastical juris- porary times, and, notwithstanding periods when the
diction developed still further the position of the pope influence of a lofty and Christian ideal of the relations
as the highest representative of the moral power of between nations seems almost to have been lost, it
Christendom. It has been justly said therefore that, will appear that there has been a steady advance in
- ' of all the effects of Christianity in altering the polit- the recognition of the existence of a moral law of na-
ical face of Europe throughout all its people, and tions whose sanction is the public opinion of the worid.
which may therefore very fairly be denominated a part So far has this system progressed that its underlying
of its Law of Nations, none are so prominent to ob- principles are, in the main, well-defined, universally
servation during these centuries as those which sprang recognized, and constantly appealed to, both in times
from the influence and form of government of the of war and in times of peace, by all civilized nations.
Church (\yard, "Law of Nations , II, 31). At first Rules governing the acciuisition of territorial prop-
pel
known as the Father of Christendom. Under the Holy m the affairs of foreign nations, have all been measur- Roman Empire from the time of Otho I, as is point^ci ably settled; and so far as relates to the rights and du- out by Janssen, there was a close alliance between the ties^ of belligerents and of neutral states in declaring Church and the State, though they were at no time and carrying on war, the fixing of the character d identical. "Church and State", he says, "granting property* the regulating of the effect of intercourse certain presupposed conditions, are two necessary between individuals, many vexed points have also embodiments of one and the same human society, the been carefully defined and to a large extent settled. State taking charge of the temporal requirements, and Some of the most delicate questions, such as the right the Church of the spiritual and supernatural. These to visit and search the blockaded ports of the enemy, two powers would, however, be in a state of continual and the character of correspondence permitted becontention were it not for a Divine Law of equili- tween the subjects or citizens of neutral states and the brium keeping each within its own limits." He points belligerents, may be considered as well settled and out further that the original cause of the separation recognized by decisions of the highest courts of all between the spiritual and temporal powers, as "taught civilized nations as any of the rules of municipal law. by Pope Gelasius at the end of the nfth century, lies in Earnest and inteUigent efforts to bring about a per- the law established by the Di\dne founder of the manent court of arbitration have resulted in the for- Church, Who, * cognizant of human weakness, was mation of an international tribunal at The Hague, careful that the two powers should be kept separate, which has already l>een accept-od by the voluntary and each limited to its own province. Christian action of the various nations as a proper forum for the princes were to respect the priesthood in those things decision of many international questions specially re- which relate to the soul, and the priests in their turn ferred to it. The principles of arbitration accepted by to obey the laws made for the preservation of order in the United States and Great Britain in the settlement of worldly matters; so that the soldiers of God shall not the so-called Alabama Claims and the frequent agree- mix in temporal affairs, and the worldly authorities ments between the contending parties over questions shall have naught to say in spiritual things. The of boundary, fisheries, and damages to private prop- province of each being so marked out, neither power erty of their respective citizens or subjects, have given shall encroach on the prerogatives of the other, but emphasis to international law. Its rules have en- confine itsi'lf to its own limit.' " forced respect for private property on the part of con- " While it is recognized that the kingdoms of this tending armies, and, under certain conditions, when world, as opposed to the one universal Church, may such is carried by ships, have forbidden the use of oer- exist and prosper while remaining separate and inde- tain destructive missiles, and in very many ways have pendent, yet it was thought that the bond with the alleviated the horrors of war. While there must al- Church would \xi of a higher nature if the partition ways remain questions that no self-respecting nation walls l)etween people and people were broken down, would be willing to submit to arbitration, yet the field all nations joined together in one, and the unity of the for the exercise of the latter is indefinitely great, and. human race under one lord and ruler acknowledged, as the demands of modern civilization, the means or It was this idea which inspired the popes with the communication between nations, and the develop- desire to found the Holy Roman Empire, whose ment of trade relations increase, questions more Emperor would deem it his highest prerogative to frequently arise requiring appeal to some tribunal, ao-
