NATIONS. 



139 



lishad and supported at the expense of the nation. 

 All these territorial rights and possessions, however, 

 are subject to the municipal regulations of every 

 nation, according to its own choice, and constitution 

 of government. 



2. Of Nations, considered in Relation to each other. 

 The basis, on which all the rights and duties of 

 nations, in their intercourse with each other, rests, 

 is the fundamental maxims, that they are all moral 

 persons, and that each has a perfect equality, in 

 sovereignty and social rights, with every other. 

 They are treated as moral persons possessing a sense 

 of right and wrong, and responsible to the common 

 Creator for a just discharge of all the duties common 

 to the human race. They are bound to do justice, 

 to perform the offices of humanity, and to render 

 mutual assistance to each other, in the same manner, 

 and upon the same principles, that bind individuals 

 to like duties. If there is any difference, nations are 

 under a superior obligation to perform all social 

 duties, because their means are more extensive, and 

 their authority more complete, than those of individ- 

 uals. Hence it is the duty of every nation to succour 

 and assist another, that is suffering by famine, pesti- 

 lence, or other calamity; to cultivate friendship and 

 good-will towards all others ; to abstain from all 

 injury and wrong to all others ; and to cherish, as 

 far as may be, an honest and frank intercourse with 

 all others, upon principles of reciprocal benevolence. 

 However imperfectly these duties may, in a practical 

 sense, be performed by nations, they are the clear 

 result of undeniable principles of the law of nature, 

 sanctioned and supported by the positive declarations 

 of Christianity. The other maxim, to which we have 

 alluded, is the perfect equality of nations, whether 

 great or small, maritime or inland, strong or weak. 

 In this respect, they are treated like individuals, who, 

 however differing in capacity and strength, are deemed 

 entitled to equal rights and privileges, in the general 

 scale of the human race. In a just sense, then, all 

 nations are of equal rank and dignity, although, by 

 custom and usage, a precedency in mere matters of 

 ceremony and courtesy is often conceded to nations 

 which have a high antiquity, or superior renown, or 

 uncommon power. The rights and duties of nations, 

 in regard to each other, may be divided into two 

 general heads, those which belong to a state of 

 peace, and those which belong to a state of war. 



We shall first treat of those which belong to a 

 state of peace. I. Every nation is bound to abstain 

 from all interference with the domain of other nations. 

 That domain extends to every thing which a nation 

 is in possession of by a just title, whether it be by 

 purchase, or cession, or conquest, or by a title founded 

 solely on a long possession. In respect to foreign 

 nations, not only the public domain, but all the private 

 property of the subjects of a nation, situated within 

 its limits, is deemed the property of the nation. This 

 right of domain is exclusive ; and, consequently, no 

 nation can rightfully exercise any jurisdiction or 

 sovereignty within the territories of another, either 

 over persons or things. If a nation chooses to leave 

 some part of its territory desert and uncultivated, 

 this does not justify any other nation in seizing upon 

 or occupying it. But, where a desert territory has 

 no owner, there the nation that first discovers or 

 occupies it, is generally allowed to possess a just title 

 to it. But if the territory, when discovered, is occu- 

 pied by inhabitants, no just right exists to expel or 

 to subdue them, upon any recognised principles of 

 national law. Such inhabitants have just as good a 

 title, founded upon possession, as can be claimed by 

 any other people. 2. Where two nations border on 

 a river, or lake, or arm of the sea, it often becomes 

 a matter of dispute how far the limits of each extend, 



and how far either may exercise exclusive jurisdic- 

 tion over such places. No principles can be laid 

 down, which will embrace all cases of this sort. But 

 as a nation may acquire exclusive dominion in a 

 river, lake, or arm of the sea, some rules have been 

 laid down as guides on this subject. When a nation 

 takes possession of a country bounded by a river, it 

 is considered as appropriating to itself the river also, 

 if there is no adverse possession or appropriation. 

 In such cases, a priority of possession or occupation 

 is generally allowed to give the superior right. If a 

 nation has long enjoyed the exclusive use of such 

 river, lake, or arm of the sea, for navigation, fishing, 

 &c., that is understood to strengthen its title of pos- 

 session. If no priority of occupation is, or can be 

 established, by either of two nations inhabiting the 

 opposite banks of a river, each is considered as having 

 an equal title ; and, in such a case, the right of 

 dominion of each will extend to the middle of the 

 stream of the river (usque ad filum agu<x). Where 

 a nation possesses the territory on both sides of a 

 river, so far as such territory extends, it is deemed 

 to be the owner of the river itself; but other nations, 

 owning, in like manner, above or below, on the same 

 river, may have a right of passage, or other servitude. 

 In respect to the main sea, in former times, several 

 nations laid claims to an exclusive dominion, or, at 

 least, to a pre-eminence in and over certain parts ot 

 it. But the general doctrine now maintained is, that 

 all nations have equal and common rights on the 

 high sea, and they are not bound to admit any supe- 

 riority there. The sea which washes the coast of a 

 nation, to the extent of a cannon-shot, or a marine 

 league, is now deemed to be a part of the territory 

 of the nation, over which it may, for its own protec- 

 tion, exercise an exclusive jurisdiction. And, in 

 respect to persons subjected to its laws, every nation 

 now claims a right to exercise jurisdiction on the 

 high seas, for the purpose of enforcing, not only the 

 law of nations, but its own municipal regulations. 



3. From the exclusive jurisdiction and sovereignty 

 of a nation, within its domain, it follows, that no 

 other nation, has a right to punish for crimes com- 

 mitted by its own subjects therein. No foreign nation 

 has a right to pursue any criminal, or fugitive from 

 justice, therein ; but its claim, if any, is a mere right 

 to demand him from the nation itself. From this 

 peculiar and exclusive jurisdiction, which a nation 

 exercises within its own territory, over persons and 

 things, other nations are accustomed, upon principles 

 of comity and general convenience, to respect the 

 decisions of the local tribunals, and to recognise the 

 rights generally derived from them. It might other- 

 wise happen that, with every change of domicil, the 

 entire rights of property might be subjected to new 

 litigation ; and a judgment, valid where it was ren- 

 dered, might be set aside by a tribunal having no 

 competency to exercise an appellate jurisdiction. 



4. Every nation has a right to regulate its own 

 intercourse and commerce with other nations, not 

 denying them just rights, in such a manner as is most 

 conducive to its own prosperity and interests. It 

 ought not, h' wever, to restrict commerce, which is 

 generally beneficial to all mankind, beyond what a 

 just care of its own interests dictates. And it will 

 not, if it be wise, impose any restrictions upon trade, 

 which tend to a destruction of free commerce, or to 

 create an unjust monopoly. In respect to its conduct 

 towards foreigners, every nation seems under a moral 

 obligation to treat them with respect, kindness, and 

 humanity, during their sojourn within its territories. 

 And though, strictly speaking, no foreigner has any 

 right to claim a permanent domicil, or to exercise 

 his trade or business within its territories, any inter- 

 ference with the ordinary pursuits of such persons is 



