AND, first, of _War and the War System in the Commonwealth of Nations_. By the Commonwealth of Nations I understand the Fraternity of Christian Nations recognizing a Common Law in their relations with each other, usually called the Law of Nations. This law, being established by the consent of nations, is not necessarily the law of all nations, but only of such as recognize it. The Europeans and the Orientals often differ with regard to its provisions; nor would it be proper to say, that, at this time, the Ottomans, or the Mahometans in general, or the Chinese, have become parties to it.[286] The prevailing elements of this law are the Law of Nature, the truths of Christianity, the usages of nations, the opinions of publicists, and the written texts or enactments found in diplomatic acts or treaties. In origin and growth it is not unlike the various systems of municipal jurisprudence, all of which are referred to kindred sources. [286] Since the delivery of this Address, Turkey and China have accepted our Law of Nations. It is often said, in excuse for the allowance of War, that nations are independent, and acknowledge no _common superior_. True, indeed, they are politically independent, and acknowledge no common political sovereign, with power to enforce the law. But they do acknowledge a common superior, of unquestioned influence and authority, whose rules they are bound to obey. This common superior, acknowledged by all, is none other than the Law of Nations, with the Law of Nature as a controlling element. It were superfluous to dwell at length upon opinions of publicists and jurists declaring this supremacy. "The Law of Nature," says Vattel, a classic in this department, "is not less _obligatory_ with respect to states, or to men united in political society, than to individuals."[287] An eminent English authority, Lord Stowell, so famous as Sir William Scott, says, "The _Conventional Law of Mankind_, which is evidenced in their practice, _allows_ some and _prohibits_ other modes of destruction."[288] A recent German jurist says, "A nation associating itself with the general society of nations _thereby recognizes a law common to all nations_, by which its international relations are to be regulated."[289] Lastly, a popular English moralist, whom I have already quoted, and to whom I refer because his name is so familiar, Dr. Paley, says, that the principal part of what is called the Law of Nations derives its obligatory character "_simply from the fact of its being established, and the general duty of conforming to established rules_ upon questions and between parties where nothing but _positive regulations_ can prevent disputes, and where disputes are followed by such destructive consequences."[290] [287] Law of Nations, Preface. [288] Robinson's, Chr., Admiralty Reports, Vol. I. p. 140. [289] Heffter, Das Europäische Völkerrecht der Gegenwart, § 2.