618 



L A \V. 



Law 



Nations 

 Kurope, 

 how con 



i.tcted. 



cepted, applies to the latter in the same manner as to 

 H^ the former, they must both be regarded as the subject 

 of the science of the European positive law of nations. 

 The number of sovereign and demi-sovereign states in 

 Europe has varied at different epochs. Sometimes it 

 has been augmented by the division of a state into two 

 or more, or by revolutions ending in the independence 

 of some hitherto subjected part of a state : at other 

 times the number has been diminished by the union 

 (often caused by the extinction of families) of many 

 states into one. 



of 2. There was no general connection existing between 

 the states of Europe, till the Romans, in endeavouring 

 to make themselves masters of the world, had brought 

 the greatest part of the European states under their do- 

 minion. From that time there necessarily existed a 

 sort of connection betwee'n them ;, and this connection 

 was strengthened by the famojis decree of Caracalla; 

 by the adoption of the Roman laws; and by the in- 

 fluence of the Christian religion, which introduced it- 

 self insensibly into almost all the subdued states. After 

 the destruction of the empire of the West, the hierar- 

 chical system naturally led the several Christian states 

 to consider themselves, in ecclesiastical matters, as un- 

 equal members of one great society. Besides, the im- 

 moderate ascendant that the Bishop of Rome had the 

 address to obtain, as spiritual chief of the church, and 

 his consequent success in elevating the emperor to the 

 character of its temporal chief, brought such an acces- 

 sion of authority to the latter, that most of the na- 

 tions of Europe showed, for some ages, so great a de- 

 ference to the emperor, that in many respects Europe 

 seemed to form but one society consisting of unequal 

 members subject to one sovereign. This order of things 

 remained till the different powers, perceiving that their 

 rights were violated, and shaking off the yoke of the 

 Pope or diminishing his influence, reduced all the pre- 

 rogatives that the emperor enjoyed over the other crown- 

 ed heads to the mere point of precedence. Since that 

 time there has subsisted no such general unequal con- 

 nection between the powers of Europe, either in spiritual 

 or temporal affairs. An exception might indeed be made, 

 with respect to spiritual affairs, of those states which 

 still remain attached to the Romish church; but as 

 to temporal affairs, every sovereign state enjoys an 

 equal degree of independence. However, the resem- 

 blance in manners and religion, the intercourse of com- 

 merce, the frequency of treaties of all sorts, and the 

 ties of blood between sovereigns, have so multiplied 

 the relations between each particular state and the rest, 

 that one may consider Europe (particularly the Chris- 

 tian states of it) as a society of nations and states, each 

 of which has its laws, its customs, and its maxims, but 

 which it cannot put in execution without observing a 

 great deal of delicacy towards the rest of the society. 

 There exist, moreover, particular relations between 

 some members of this society, which bring them, more 

 or less, near to each other. Some states are held to- 

 gether by equal connections ; as where several states 

 belong to the same sovereign, or where there exists a 

 perpetual treaty, in virtue of which a particular sys- 

 tem is established between states. The connections 

 between others are unequal, such as those existing be- 

 tween Catholic states in spiritual matters, or between 

 the several members of a compound state : and there are 

 other states which have neither treaties nor commerce 

 with each other. In short, these relations are almost 

 as various as are the conditions of the particular states 

 relatively to their power and constitutions. 

 * 



I.mr 



CHAP. II. Of Ike Stales of Europe, dassei according to ^"^ 

 their Dignity, T*ower, 8fc. 



* 



1. The states of Europe may be distributed into dif- states of 

 ferent classes, as great, little, royal, sovereign, derai- Kurope ' 

 sovereign, &c. > a > beva 



2. The division of the great states according to their "" 8l J 

 local situation, into northern, southern, eastern, and C 

 western powers of Europe, has less to do with law than The lnarU 

 with politics, and with the particular interests that some- time P* 

 times actuate neighbouring states. But there is ano- 

 ther division which, though it depends in some mea- 

 sure on the local situation of states, ought not to be 

 neglected in treating of the law of nations; we mean the 

 division into maritime powers, and powers not mari- 

 time. It is common enough to call every state mari- 

 time that is situated on the borders of the sea, and is 

 capable of carrying on commerce on that element ; but 



a maritime power, properly speaking, is a power that 

 keeps up a fleet of ships of war ; and in this accepta- 

 tion of the term, there are only Great Britain, the Se- 

 ven United Provinces, Spain, Portugal, the Sicilies, 

 Denmark, Sweden, Turkey, the republic of Venice, 

 and, since the beginning of the eighteenth century, 

 France and Russia, which can be called maritime 

 powers. The other powers have either never been 

 maritime, or have ceased to be so. But this term, in a 

 more restricted sense, is applied to those powers only 

 whose principal strength consists in ships of war, or 

 whose power by sea has a preponderance over that of 

 the other powers on the same element. In this double 

 sense, England and the United Provinces have, since 

 the end of the seventeenth century, been exclusively dis- 

 tinguished by the appellation of the maritime powers. 



BOOK III. 



OF THE INTERNAL CoNSTITUTtON OF A STATE, AS FAR 

 AS IT RELATES TO FOREIGN POWERS AND THEIR SlIB- 

 JECTS. 



CHAP. I. Of the Rights of a Nation with respect to its 

 internal Government and Constitution. 



1. The internal constitution of a state rests, in ge- Rights of* 

 neral, on these two points : viz. On the principles state in re- 

 adopted with respect to him or them in whose hands gard to its 

 the sovereign power is lodged, not only at present, but own govern 

 for the future also; and on those adopted with re- menu 

 spect to the manner in which this sovereign power is 

 to be exercised. Both these depend on the will of 

 the state, foreign nations having no right to interfere 

 in arrangements which are purely domestic. How- 

 ever there are some exceptions to this rule. ,In case 

 a dispute should arise concerning either of the points 

 above mentioned, a foreign power may, Jirst, Of- 

 fer its good offices, and interpose them if accepted ; se- 

 cond, If called iu to the aid of that of the two parties 

 which has justice on its side, it may act coercively ; 

 third. It may have a right, from positive title, to inter- 

 meddle ; and fourth, If its own preservation requires it 

 to take a part in the quarrel, that consideration overba- 

 lances its obligations to either of the parties. These 

 exceptions, and particularly the two last, have been so 

 extended by the practice of European nations, that no 

 internal dispute of importance can now arise in any of 

 them but foreign powers find some pretence to take a 



