troops-Letter from corps area commander to United States marshal-Supplementary instructions from corps area commander to commander of troops-Warning letter or telegram to governor announcing President's inten- tion to call National Guard into federal service-Form for President's proclamation calling National Guard and National Guard Reserve into federal service-Form for letter or telegram to governors calling National Guard into federal service Form for general order ordering Organized Reserve units or personnel to active duty- Form for President's proclamation under R.S. 5301. APPENDIX D.—Forms, etc., relating to martial law Form for President's proclamation declaring martial law- Order announcing martial law in theater of active mili- CALIFORNIA 1-1-8 CHAPTER I 1. DEFINITION.-International law embodies principles and rules of action which are acknowledged by civilized states as controlling in their relations with each 2. OBJECT.-The object of international law is the regulation of international intercourse and the avoidance or mitigation of the miseries of war. 3. KINDS. The law of nations may be considered as of three kinds: general, conventional, and customary. The 1 2 MILITARY AID TO THE CIVIL POWER express consent, is not universal, and binds only those nations which have consented so to be bound. The third is founded on tacit consent, and is obligatory on only those nations which have adopted it. 4. ORIGIN AND NATURE.-a. The law governing intercourse between nations came into being by a blending of moral principles with positive law and customs as found in the jurisprudence of nations and their practices. The part based upon moral principles came from the law of nature, the remainder largely from the Roman civil law. It can not be stated just when modern international law began, but it is known that it first assumed definite form in the 16th and 17th centuries during which period Grotius, the most illustrious of a number of contemporary writers in this field, published his great work De Jure Belli ac pacis. (See Chap. II, pars. 12 and 13.) b. International law denotes something more than the positive legislation of independent states. It is a body of obligations which, in a sense, is independent of and superior to such legislation. Compliance with these obligations is a prerequisite to the admission of nations to full and equal participation in the intercourse of civilized states. 5. How ASCERTAINED AND ADMINISTERED.-a. As a part of the law, the rules of international law must be ascertained and administered by courts of justice of appropriate jurisdiction as often as questions of right depending on those rules are duly presented to such courts for determination. As with municipal law, the rule applicable to a particular case may often be uncertain and difficult of ascertainment. Recourse is had to authoritative writers on the subject, to the provisions of treaties disclosing consensus of public opinion, to the laws and decrees of individual states regulating international tribunals, and to the judgments of prize courts and of ordinary municipal courts purporting to be declaratory of the law of nations. It is often found in mere usage. To ascertain that which is unwritten, we resort to the principles of reason and justice. The difficulty lies in the fact that these principles will be different 3 INTERNATIONAL LAW ly understood by different nations under different circumstances. b. In this country, intercourse with foreign nations and the policy with regard to them is placed by the Constitution in the hands of the federal government, and the decisions of the central government upon these matters are, therefore, binding upon its citizens. No statute or decision. of one or two nations, however, can create obligations for the whole world, for the law of nations is founded upon the consent of civilized communities. c. One rule governing the construction of our acts of Congress is that they ought never to be construed as violative of the law of nations if any other possible construction remains. d. Broadly speaking, the principles of international law are enforced by international public opinion. 6. STATES SUBJECT ΤΟ INTERNATIONAL LAW.-a. Formerly, the states that were and those that were not subject to international law were classified as Christian and non-Christian, respectively. This was due to the fact that international law grew up in Christian Europe. States are now admitted to the family of nations regardless of religious belief. By the Treaty of Paris of 1856, Turkey was expressly "admitted to participate in the advantages of the public law and system of concert of Europe," and by the treaties of July and August, 1899, Japan's position as a fully independent sovereign power was assured. These states were admitted to the "circle of law-governed countries" because they so conducted themselves as to convince the Christian nations of their positive acceptance of the principles of international law in their entirety. Japan, for instance, in 1870, during the war between France and Germany, issued a proclamation of neutrality. In 1886, the Emperor of Japan formally adhered to the Geneva Convention. In 1887, the rules of maritime law embodied in the Declaration of Paris of 1856 were, by imperial decree, declared to be in force in the Japanese Empire. In 1894, during the war with China, a law was promulgated in Japan for the |