52,1 
LAW. 
refer, therefore, to the moft eminent alone of the nations 
of antiquity, and of the moderns who live under a per- 
fuafion different from ours. 
The Greeks under the eras of Pericles, Socrates, Epa- 
minondas, and Agefilaus; and the Romans under the 
reign of Auguftus, (which for poliffi and refinement has 
become proverbial ;) had advanced, it will be owned, to 
their fummit in every fort of knowledge; the names of 
Socrates and Cicero would alone be fufticient to prove it. 
One thing, however, was wanting to the perfection, which, 
had they poffeffed it, they would probably have acquir¬ 
ed ; and that was, the knowledge of the.doctrines of a 
religion, which, whatever may be its points of contro- 
verly, has had the uniform elfeCt, wherever it has taken 
root", of producing a more equitable notion of things, and 
a milder fyltem of manners. Accordingly, from the want 
of this great advantage, we may obferve that the people 
in queftion, while they were in the firlt fcale of eminence 
in almoft all other refpects, fall far fliort of their pofterity 
in their ideas of the law we treat of. The want of a prin¬ 
ciple fufficiently binding in their fchemes of morality, 
had a palpable effect upon their characters in private life; 
and, as might be expedited, it transferred itfelf into the 
fpirit of their law of nations. However, therefore, we 
may be accuftomed to hear of their politenefs, their arts, 
their refinements in elegance, or their knowledge of laws, 
we find upon inquiry, that their politenefs, while it 
iliarpened their underltandings, had no effeft upon their 
hearts; that their refinements were for the moft part fen- 
fual; and, when we come to contemplate the general fcope 
of their laws of war and peace, they will be found too of¬ 
ten to refemble the barbarians they defpifed. 
If commerce and the acquifition of riches, by vifiting 
every nation in the known world, could conduce to per¬ 
fection in this law, the Carthaginians promiled fair to be, 
in this refpeft:, the moft perfeft people of antiquity. The 
favagenefs, rapacity, and injultice, however, of every kind, 
which marked their conduct towards all foreign nations, 
are too well known to detain us longer upon them. 
If we look to the Mahometan and Turkifh nations, 
(though their power has been equal to the greateft, and 
their empire of confiderable duration,) their ignorance and 
barbarity reprefs all examination ; and, if they have re¬ 
ceived any improvement iince the days when they firft fet 
foot in Europe, it is probably from their connection with 
the people profefting the very religion which they moft 
hate and defpife. The fame inferiority in this fort of con- 
duft, is to be found even among the Chinefe, fo famed 
for eminence in every other branch of knowledge, and in 
the fcience of morals itfelf. Their wars have always been 
carried on with eaftern barbarity ; and their known laws 
againft ftrangers would alone demonftrate the point. 
Among the Chriftians, on the other hand, every thing is 
conducted, or at leaft enjoined, by received and general 
laws, upon principles of the moft extenfive humanity and 
the moft regular juftice. 
The doftrine of the law of nations has been treated of 
very much at large by Grotius, Puffendorf, Wolf, Ruther- 
forth, Vattel, Ward, and fome others ; but in this place the 
limited fcope and defign of the prefent work will not per¬ 
mit us to go farther than to fltovv the praftice obferved 
by different civilized powers in their exterior relations, 
ift, In refpect of commercial rights; zdly, In refpeft 
of maritime rights; sdly, In refpeft of their tranfac- 
tions with each other ; which are neceflarily divided into 
afts either of an amicable relationlhip or of an holtile na¬ 
ture : i. e. amicable relations, by conferences, treaties, and 
other afts, by parole or in writing; or holtile afts, by re- 
prifals, war, or any other afts of public force, aggrellion, 
or violence; 4thly, In refpeft of the allies; jthiy, In re¬ 
fpeft of neutrals ; 6thly, In refpect of making peace. 
i. Commercial Rights. Commerce is that external 
trade or traffic which is carried on between foreign nations ; 
and the eafe, the riches, and even the power, of a nation, 
is chiefly dependent thereon. It coniifts in felling the fu- 
perfluity, in purchafing articles of neceffity, as well pro¬ 
ductions as manufactures ; in buying from one nation, 
and felling to another ; or in tranfporting the merchan¬ 
dize from the feller to the buyer, to gain the freight. 
As there is a reciprocal obligation in mankind to aflift 
each other, there is a neceffity for them to carry on com¬ 
merce. This obligation, however, is only an imperfeft 
one; it does not go to preclude a nation from providing 
for its feparate interefts, by the adoption of rules and re- 
ftraints in the commerce which it finds expedient to carry 
on. As, for inftarice, if one nation has for a long feries 
of years carried on commerce with another ; it does not 
follow of courfe, that it mult continue fo to do, if there 
are no treaties which require it. Neither can one nation 
compel another to trade with it alone : by treaty, one na¬ 
tion may undertake not to trade with any other particu¬ 
lar nation ; and, if two nations think proper to trade with 
each other exclufively, a third has no right whatever to 
obftruft or to prevent it. In this the liberty of commerce 
confifts, and it is in every refpeft conformable to perfeft 
natural right. 
In the dark and barbarous ages, little attention was 
paid to commerce, by the fovereign ftate or power. But 
in the progrefs of time, when the flourilhing ftate of fome 
commercial cities became manifeft, and the formidable 
league of the Hans Towns and fome republics of Italy 
was entered into, the minds of men were turned to the 
folid and real importance of commerce. The difcovery of 
America and the navigation to the Eaft Indies following, 
moft of the powers of Europe turned their attention to 
the encouragement of maritime commerce, and conlidered 
it as one of the moft powerful and effeftive means of pro¬ 
moting national wealth, and augmenting and conlbli- 
dating their own external ftrength, power, and afcen- 
dency. Some fucceeded in acquiring territorial pofleflions 
out of Europe, where they founded colonies almoft en¬ 
tirely with commercial views. Others encouraged it, and 
procured for their fubjefts by treaties many rights, privi¬ 
leges, and advantages, which were equally beneficial to 
the ftate, inafmuch as their principal tendency was to 
leave a balance in its favour; and at this day the moft 
important rights of commercial nations are founded upon 
politive treaties. 
When there is no exifting treaty, every ftate has a na- 
tural right to lay, on fuch commerce, whatever reftriftion 
it pleal'es; and confequently a nation is fully authorized, 
i. To prohibit the importation or exportation of certain 
merchandife. a. To impofe cultoms, excife, and other du¬ 
ties. 3. To prefcribe the manner in which the commerce 
with its dominions ihall be carried on ; as, for inftance, 
the famous Navigation-aft, firft palled under Cromwell, 
and afterwards confirmed by Charles II. contained no¬ 
thing contrary to the law of nations, though it was very 
embarraffing to other countries. 4. To point out the 
places where it Ihall be carried on, or to exempt from it 
certain parts of its dominions. 5. To exercife freely its 
fovereign power over the foreigners living in its territo¬ 
ries. 6. To make whatever diftinftions between the na¬ 
tions with whom it trades it may find convenient, or con¬ 
ducive to its welfare and interefts. 
But, with refpeft to the commerce with colonial pof- 
feffions, 1, Every ftate which hath colonized, or formed 
fettlements abroad, hath fo far fecured the commerce 
of thofe territorial acqnifitions to themfelves, either in 
permitting all their fubjefts to partake of it exclufively, 
or in granting a monopoly to trading companies, that the 
colonilts can fcarcely carry on any trade with other pow¬ 
ers: hence the commerce in thofe poffeffions is not free 
to foreign nations; they are not even fuffered to land in 
the country, or to enter with their velfels within cannon- 
Ihot of her ihore, except only in cales of extreme diftrefs 
and the moft urgent neceffity. 2. Several Indian powers 
have entered into treaties with certain European and 
other powers, by force of which the latter pollefs an ex- 
clufive trade with them, and the former are reltricted from 
3 nuking 
