PREFACE.

THIS work should be taken for what its name imports; the "Draft Outlines of an International Code." It is not put forth as a completed Code, nor yet as the completed outlines of a Code, but as a draft of the outlines. It is intended for suggestion, and is to undergo careful and thorough revision. The present volume is but a part of the whole work. Another will appear in a few months, treating of the modifications in the relations of nations, and of their members, to each other, produced by a state of War.

The history of the undertaking is this: At the meeting of the British Association for the Promotion of Social Science, held at Manchester in September, 1866, I ventured to pro pose the appointment of a committee to prepare and report to the Association the Outlines of an International Code, with the view of having a complete Code formed, after careful revision and amendment, and then presented to the attention of goverments, in the hope of its receiving, at some time, their sanction. The proposition was favorably received, and a committee was appointed, consisting of jurists of different nations. In the distribution of the labor among the members of the committee, a portion was assigned to me. It was at first understood, that, after preparing their respective portions, the members should interchange them with each other, and then meet for the revision of the whole

and the completion of the joint production.

But the distance of the members from each other has made it difficult for them to take note of each others' progress, and to interchange their respective contributions with advantage, previous to a general meeting for consultation and revision. I have therefore thought it most convenient, for the other members of the committee as well as for myself, to present my own views of the whole work, by essaying a draft of the whole, hoping that my colleagues may do the same. However little my labors may be worth, I submit them, though with great diffidence, as my contribution to the general design.

The scheme embraced not only a codification of existing rules of international law, but the suggestion of such modifications and improvements as the more matured civilization of the present age should seem to require. The purpose was to bring together whatever was good in the present body of public law, to leave out what seemed obsolete, unprofitable or hurtful, and then to add such new provisions as seemed most desirable. The Code, which the Association would propose, is such an one as should win the commendation of good and wise men, for international regulations, in the interests of humanity and peace. With the view of aiding in the formation of such a Code, the present work has been undertaken. What in it is old will generally be found explained and justified by the notes; what in it is new is suggested for the consideration of those, who think that much may yet be done by the authority of public law, for the peace and prosperity of the world.

There will of course be found many omissions and many mistakes. In the progress of the work some provisions have

been introduced which require a modification of earlier ones, but they will be readily perceived. Thus the word "league" was in some instances used to designate a measure of distance, before the details of the Title on "Weights and Measures" were fixed upon.

In the preparation of this volume I have had the assistance of several gentlemen, to whom I am under great obligations. I would especially mention President F. A. P. BARNARD, of Columbia College, who prepared the Titles on "Money," "Weights and Measures," "Longitude and Time," and "Sea Signals." I must acknowledge my indebtedness also to Messrs. AUSTIN ABBOTT, CHARLES FRANCIS STONE, and HOWARD P. WILDS, gentlemen of the New York Bar, who have greatly aided me in different parts of the work.

DAVID DUDLEY FIELD.

NEW YORK. January, 1872.