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Α Ρ Ρ Ε Ν DI X.
VATTELL'S LAW OF NATIONS.
[ THE TITLES, MARGINAL ABSTRACTS, AND NOTES, ARE BY MR. BURKE, EXCEPTING SUCH OF THE
NOTES AS ARE HERE DISTINGUISHED.)
that it should be suppressed. To form and supCASES OF INTERFERENCE WITH INDE- port an unjust pretension, is to do an injury not PENDENT POWERS.
only to him who is interested in this pretension, but to mock at justice in general, and to injure
all nations. BOOK II. CHAP. IV. § 53.
$ 56. If the prince, attacking the IF then there is any where a nation of a restless fundamental laws, gives his subjects against tyand mischievous disposition, always ready to in- a legal right to resist him; if tyranny, jure others, to traverse their designs, and to raise becoming insupportable, obliges the nation to rise domestick troubles, it is not to be doubted, that in their defence ; every foreign power has a right all have a right to join in order to repress, chas- to succour an oppressed people who implore their tise, and put it ever after out of its power to in- assistance. The English justly com
Case of Engjure them. Such should be the just fruits of the plained of James the Second. The lish policy which Machiavel praises in Cæsar Borgia. nobility, and the most distinguished The conduct followed by Philip II. king of Spain, patriots, resolved to put a check on his enterprises, was adapted to unite all Europe against him; which manifestly tended to overthrow the constiand it was from just reasons that Henry the Great tution, and to destroy the liberties and the religion formed the design of humbling a power, formid- of the people ; and therefore applied for assistable by its forces, and pernicious by its maxims. ance to the United Provinces. The authority of
$ 70. Let us apply to the unjust, what we have the prince of Orange had, doubtless, an influence said above, (§ 53,) of a mischievous, or maleficent on the deliberations of the states-general; but it nation. If there be any that makes an open pro- did not make them commit injustice; for when a fession of trampling justice under foot, of despis- people, from good reasons, take up arms against ing and violating the right of others, whenever an oppressor, justice and generosity require, that it finds an opportunity, the interest of human brave men should be assisted in the defence of society will authorize all others to unite, in order their liberties. Whenever, therefore, Case to humble and chastise it. We do not here forget a civil war is kindled in a state, the maxim established in our preliminaries, that foreign powers may assist that party
appears it does not belong to nations to usurp the power of to them to have justice on their side. being judges of each other. In particular cases, He who assists an odious tyrant, he rant. Rebel.
lious people. liable to the least doubt, it ought not to be sup- who declares For AN UNJUST AND REposed, that each of the parties may have some BELLIOUS PEOPLE, offends against his duty. When right: and the injustice of that which has com- the bands of the political society are broken, or at mitted the injury may proceed from errour, and least suspended, between the sovereign
Sovereign and not from a general contempt of justice. But if, and his people, they may then be his people
when distinct by constant maxims, and by a continued conduct, considered as two distinct powers ; one nation shews, that it has evidently this per- and since each is independent of all nicious disposition, and that it considers no right foreign authority, nobody has a right to judge as sacred, the safety of the human race requires them. Either may be in the right; and each of
An odious tyextreme.
• This is the case of France-Semonville at Turin-Jacobin clubs - Liegois meeting-Flemish meeting-La Fayette's answer -Cloot's embassy-Avignon.
+ The French acknowledge no power not directly emanating from the people.
those who grant their assistance may believe that the state, limited as to its duration, to the reign he supports a good cause. It follows then, in of the contracting king. This of which we are virtue of the voluntary laws of nations, (see Prelim. here speaking is of another nature. For though § 21,) that the two parties may act as having an it binds the state, since it is bound by all the pubequal right, and behave accordingly, till the de- lick acts of its sovereign, it is made directly in cision of the affair.
favour of the king and his family; it when an alliNot to be
But we ought not to abuse this would therefore be absurd for it to ance to prepursued to an maxim for authorizing odious pro- terminate at the moment when they takes place.
ceedings against the tranquillity of have need of it, and at an event against which it states. It is a violation of the law of nations to was made. Besides, the king does not King does not Endeavour to persuade those subjects to revolt who lose his quality merely by the loss of lose his quapersuade sub actually obey their sovereign, though his kingdom. *If he is stripped of loss of his jects to a revolt. they complain of his government. it unjustly by an usurper, or by re
kingdom. The practice of nations is conformable to our bels, he preserves his rights, in the number of maxims. When the German protestants came to which are his alliances. the assistance of the reformed in France, the court But who shall judge, if the king be dethroned never undertook to treat them otherwise than as lawfully or by violence ? An independent nation common enemies, and according to the laws of acknowledges no judge. If the body of the nawar. France at the same time assisted the Ne- tion declares the king deprived of his rights by therlands, which took up arms against Spain, and the abuse he has made of them, and deposes him, did not pretend that her troops should be con- it may justly do it when its grievances are well sidered upon any other footing than as auxiliaries founded, and no other power has a right to censure Attempt to ex
in a regular war. But no power avoids it. The personal ally of this king ought not then cite subjects complaining of an atrocious injury, to assist him against the nation that has made use to revolt.
if any one attempts by his emissaries of its right in deposing him : if he attempts it, he to excite his subjects to revolt.
injures that nation. England declared war against As to those monsters, who, under the Louis the XIV. in the year 1688, for supporting Tyrants.
title of sovereigns, render themselves the interest of James the Second, who was deposed the scourges and horrour of the human race; these in form by the nation. The same country deare savage beasts, from which every brave man clared war against him a second time, at the bemay justly purge the earth. All antiquity has ginning of the present century, because that prince praised Hercules for delivering the world from an acknowledged the son of the deposed James, under Antæus, a Busiris, and a Diomedes.
the name of James the Third. In Book 4. Chap. 2. § 14. After stating that na- doubtful cases, and when the body of aid may be tions have no right to interfere in domestick con- the nation has not pronounced or has given to a de cerns, he proceeds—“ But this rule does not NOT PRONOUNCED FREELY, a sovereign posed king.
preclude them from espousing the quarrel of may naturally support and defend an ally, and it a dethroned king, and assisting him, if he ap- is then that the voluntary law of nations subsists
pears to have justice on his side. They then between different states. The party that has driven “ declare themselves enemies to the nation who has out the king pretends to have right on its side : “ acknowledged his rival, as when two different this unhappy king and his ally flatter themselves “ nations are at war they are at liberty to assist with having the same advantage; and as they " that whose quarrel they think has the fairest have no common judge upon earth, they have no appearance.
other method to take but to apply to arms to ter
minate the dispute : they therefore engage in a CASE OF ALLIANCES.
In short, when the foreign prince has faithfully BOOK II. CHAP. XII. 196.
fulfilled his engagements towards an Not obliged to
unfortunate monarch, when he has pursue his It is asked if that alliance subsists with the done in his defence, or to procure his
right beyond king, and the royal family, when by some revolu- restoration, all he was obliged to per- point tion they are deprived of their crown? We have form in virtue of the alliance; if his efforts are lately remarked, ($ 194,) that a personal alliance ineffectual, the dethroned prince cannot require expires with the reign of him who contracted it: him to support an endless war in his favour, or but that is to be understood of an alliance with expect that he will eternally remain the enemy of
* By the seventh Article of the Treaty of TRIPLE ALLIANCE, between France, England, and Holland, signed at the Hague, in the year 1717, it is stipulated, " that if the kingdoms, countries, "or provinces, of any of the allies, are disturbed by intestine " quarrels, or by rebellions, on account of the said successions, “[the protestant succession to the throne of Great Britain, and " the succession to the throne of France, as settled by the treaty “ of Utrecht) or under any other pretext orhatever, the ally thus in " trouble shall have full right to demand of his allies the succours " above mentioned;" that is to say, the same succours as in the case of an invasion from any foreign power ; 8000 foot and 2000 horse to be furnished by France or England, and 4000 foot and 1000 horse by the States General.
By the fourth Article of the Treaty of QUADRUPLE ALLIANCE, between England, France, Holland, and the emperour of Germany, signed in the year 1718, the contracting powers “promise " and oblige themselves that they will and ought to maintain,
guarantee, and defend the right and succession to the kingilom " of France, according to the tenour of the treaties made at *Utrecht the 17th day of April 1713; and this they shall perform " against all persons whatsoever who may presume to disturb the "order of the said succession, in contradíction to the previous acts "and treaties subsequent thereon."
The above treaties have been revived and confirmed by every subsequent treaty of peace between Great Britain and France.-Edit.
Case of de
the nation, or of the sovereign who has deprived just and ambitious dispositions, by doing the least him of the throne. He must think of peace, injustice to another, every nation may avail themabandon the ally, and consider him as having selves of the occasion, and join their forces to those himself abandoned his right, through necessity of the party injured, in order to reduce that ambiThus Louis XIV. was obliged to abandon James tious power, and disable it from so easily oppressthe Second, and to acknowledge King William, ing its neighbours, or keeping them in continual though he had at first treated him as an usurper. awe and fear. For an injury gives a nation a
The same question presents itself in real alli- right to provide for its future safety, by taking ances, and, in general, in all alliances made with away from the violator the means of oppression. the state, and not in particular with a king for the It is lawful, and even praise-worthy, to assist those
defence of his person. An ally ought, who are oppressed, or unjustly attacked. fence against doubtless, to be defended against subjects. every invasion, against every foreign
SYSTEM OF EUROPE. violence, and even against his rebellious subjects; in the same manner a republick ought to be de- § 47. Europe forms a political system, a body, fended against the enterprises of one who attempts where the whole is connected by the relations and to destroy the publick liberty. But it ought to different interests of nations inhabiting this part of be remembered, that an ally of the state, or the the world. It is not, as anciently, a confused nation, is not its judge. If the nation has de- heap of detached pieces, each of which thought itposed its king in form; if the people of a repub- self very little concerned in the fate of others, and lick have driven out their magistrates and set seldom regarded things which did not immediately themselves at liberty, or acknowledged the au- relate to it. The continual attention of sovereigns thority of an usurper, either expressly or tacitly; to what is on the carpet, the constant residence of to oppose these domestick regulations, by disput- ministers, and the perpetual negociations, make ing their justice or validity, would be to interfere Europe a kind of a republick, the in the government of the nation, and to do it an members of which, though indepen- publick to
Europe a reinjury (see § 54, and following of this book). dent, unite, through the ties of com- preserve order
and liberty. The ally remains the ally of the state, notwith- mon interest for the maintenance of standing the change that has happened in it. How-order and liberty. Hence arose that famous
ever, when this change renders the al- scheme of the political equilibrium, or balance of real alliances liance useless, dangerous, or dis- power; by which is understood such a disposition may be re- ugreeable, it may renounce it : for it of things, as no power is able absolutely to prenounced.
may say, upon a good foundation, that dominate, or to prescribe laws to others. it would not have entered into an alliance with § 49. Confederacies would be a sure way of prethat nation, had it been under the present form serving the equilibrium, and supporting the liberty of government.
of nations, did all princes thoroughly understand We may say here, what we have said on a per- their true interests, and regulate all their steps for sonal alliance: however just the cause of that the good of the state. king may be, who is driven from the throne, either by his subjects or by a foreign usurper ; his allies
CONTRIBUTIONS IN THE ENEMY'S Not an eter: are not obliged to support an eternal war in his favour. After having made
COUNTRY. ineffectual efforts to restore him, they must at length give peace to their people, and come to an
BOOK III. CHAP. IX. § 165. accommodation with the usurper, and for that Instead of the pillage of the country, and depurpose treat with him as with a lawful sovereign. fenceless places, a custom has been substituted Louis XIV., exhausted by a bloody and unsuc- more humane and more advantageous to the sovecessful war, offered at Gertruydenburgh to abandon reign making war : I mean that of contributions. his grandson, whom he had placed on the throne Whoever carries on a just war * has a right of of Spain : and, when affairs had changed their ap- making the enemy's country contribute to the suppearance, Charles of Austria, the rival of Philip, port of the army, und towards defraying all the saw himself, in his turn, abandoned by his allies. charges.of the war. Thus he obtains a part of They grew weary of exhausting their states, in order what is due to him, and the subjects of the enemy, to give him the possession of a crown, which they on submitting to this imposition, are secured from believed to be his due, but which, to all appear- pillage, and the country is preserved : but a geance, they should never be able to procure for him. neral who would not sully his reputa- To be mo
tion is to moderate his contributions, DANGEROUS POWER.
and proportion them to those on whom they are BOOK III. CHAP. III. $ 45.
imposed. An excess in this point is not without
the reproach of cruelty and inhumanity : if it All nations
It is still easier to prove, that should shews less ferocity than ravage and destruction, it may join this formidable power betray any un- glares with avarice. Contributions raised by the Duke of Brunswick in France. Compare these with the contributions raised by the French in
the Netherlands.-EDIT. VOL. I.
evident danger, or without doing it a remarkable prejudice.*
BOOK I. CHAP. XIX. § 232.
FOREIGN MINISTERS. If an exile or banished man is driven from his country for any crime, it does not belong to the
BOOK IV, CHAP. 5. 6 66. nation in which he has taken refuge to punish him for a fault committed in a foreign country. For The obligation does not go so far as to suffer nature gives to mankind and to nations the right at all times, perpetual ministers, who are desirous of punishing only for their defence and safety; of residing with a sovereign, though they have whence it follows that he can only be punished by nothing to negociate. It is natural, indeed, and those whom he has offended.
very agreeable to the sentiments which nations § 233. But this reason shews, that if the justice owe to each other, that these resident ministers, of each nation ought in general to be confined to when there is nothing to be feared from their stay, the punishment of crimes committed within its should be friendly received; but if there be any own territories, we ought to except from this rule solid reason against this, what is for the good of the villains who, by the quality and habitual fre- the state ought unquestionably to be preferred; quency of their crimes, violate all publick secu- and the foreign sovereign cannot take it amiss if rity, and declare themselves the enemies of the his minister, who has concluded the affairs of his human race.
Poisoners, assassins, and incendi- commission, and has no other affairs to negociate, aries by profession, may be exterminated wher- be desired to depart. The custom of keeping ever they are seized; for they attack and injure every where ministers continually resident is now all nations, by trampling under foot the founda- so strongly established, that the refusal of a contions of the common safety. Thus pirates are formity to it would, without very good reasons, brought to the gibbet, by the first into whose give offence. These reasons may arise from parhands they fall. If the sovereign of the country ticular conjunctures ; but there are also common where those crimes have been committed re-claims reasons always subsisting, and such as relate to the authors of them, in order to bring them to the constitution of a government, and the state of punishment, they ought to be restored to him, as a nation.
a nation. The republicks have often very good one who is principally interested in punishing them reasons for the latter kind, to excuse themselves in an exemplary manner: and it being proper to from continually suffering foreign ministers, who convict the guilty, and to try them according to corrupt the citizens, in order to gain them over to some form of law; this is a second [not sole] | their masters, to the great prejudice of the repubreason, why malefactors are usually delivered up lick, and fomenting of the parties, fc. And at the desire of the state where their crimes have should they only diffuse among a nation, formerly been committed.
plain, frugal, and virtuous, a taste for luxury, Ibid. § 230. Every nation has a right of refus- avidity for money, and the manners of courts, these ing to admit a stranger into the country, when would be more than sufficient for wise and prohe cannot enter into it without putting it into vident rulers to dismiss them.
* The third article of the treaty of triple alliance, and the latter stipulates, that no kind of refuge or protection shall be given to part of the fourth article of the treaty of quadruple alliance rebellious subjects of the contracting powers.-EDIT.
1 Dismission of M. Chauvelin-EDIT.
CONDUCT OF THE MINORITY,
PARTICULARLY IN THE
LAST SESSION OF PARLIAMENT ;
THE DUKE OF PORTLAND AND LORD FITZWILLIAM.
LETTER TO HIS GRACE THE DUKE OF PORTLAND.
My Dear LORD, THE
paper, which I take the liberty of sending object with as much eagerness as ever, but with to your Grace, was, for the greater part, written more dexterity. Under the plausible name of during the last session. A few days after the pro- peace, by which they delude or are deluded, they rogation some few observations were added. I would deliver us unarmed, and defenceless, to the was resolved however to let it lie by me for a con- confederation of jacobins, whose center is indeed siderable time; that in viewing the matter at a in France, but whose rays proceed in every
direcproper distance, and when the sharpness of recent tion throughout the world. I understand that impressions had been worn off, I might be better Mr. Coke, of Norfolk, has been lately very busy able to form a just estimate of the value of my first in spreading a disaffection to this war (which we opinions.
carry on for our being) in the county in which I have just now read it over very coolly and his property gives him so great an influence. It is deliberately. My latest judgment owns my first truly alarming to see so large a part of the aristosentiments and reasonings, in their full force, with cratick interest engaged in the cause of the new regard both to persons and things.
species of democracy, which is openly attacking, During a period of four years, the state of the or secretly undermining, the system of property world, except for some few and short intervals, by which mankind has hitherto been governed. has filled me with a good deal of serious in- But we are not to delude ourselves. No man can quietude. I considered a general war against ja- be connected with a party which professes publickly cobins and jacobinism, as the only possible chance to admire, or may be justly suspected of secretly of saving Europe (and England as included in abetting, this French Revolution, who must not be Europe) from a truly frightful revolution. For drawn into its vortex, and become the instrument this I have been censured, as receiving through of its designs. weakness, or spreading through fraud and arti- What I have written is in the manner of apofice, a false alarm. Whatever others may think logy. I have given it that form, as being the of the matter, that alarm, in my mind, is by no most respectful; but I do not stand in need of means quieted. The state of affairs abroad is not any apology for my principles, my sentiments, or so much mended, as to make me, for one, full of my conduct. I wish the paper I lay before your confidence. At home, I see no abatement whatso- Grace to be considered as my most deliberate, ever in the zeal of the partisans of jacobinism to solemn, and even testamentary protest against the wards their cause, nor any cessation in their efforts proceedings and doctrines which have hitherto to do mischief. What is doing by Lord Lauder- produced so much mischief in the world, and which dale on the first scene of Lord George Gordon's will infallibly produce more, and possibly greater. actions, and in his spirit, is not calculated to re- It is my protest against the delusion, by which move my apprehensions. They pursue their first some have been taught to look upon this jacobin