Vattel page 241 et seq.

Chap. 4. Of the Right to Security, the Effects of the Sovereignty, and the Independence of Nations.

"Section 49. IN vain does nature prescribe to nations, as well as to individuals, the care of their self-preservation, and of advancing their own perfection and happiness, if it does not give them a right to preserve themselves from every thing that can render this care ineffectual. This right is nothing more than a moral power of acting, that is, the power of doing what is morally possible; what is proper and conformable to our duties. We have then in general the right of doing whatever is necessary to the discharge of our duties. Every nation as well as every man has therefore, a right not to suffer any other to obstruct its preservation, its perfection, and happiness, that is, to preserve itself from all injuries (§ 18.): and this right is perfect, since it is given to satisfy a natural and indispensable obligation; for when we cannot use constraint, in order to cause our right to be respected, the effect is very uncertain. It is this right of preservation from all injury that is called the right of security.

Section 50. It is safest to prevent the evil, when it can be done. A nation has a right to resist an injurious attempt, and to make use of force and every honest means against the power that is actually engaged in opposition to it, and even to anticipate its machinations, always observing,not to at tack it upon vague and uncertain suspicions, in order to avoid exposing itself to become an unjust aggressor.

Section 51. When the evil is done, the same right of secu rity authorizes the offended to endeavour to obtain a complete reparation, and if necessary, to employ force for that purpose.

Section 52. In short, the offended has a right to provide for his security for the future, and to punish the offender, by inflicting upon him a pain capable of deterring him afterwards from the like attempts, and of intimidating those who shall be tempted to imitate him. He may even, if necessary, put the aggressor out of the condition to injure him. He makes use of his right in all these measures, when guided by reason; and if any evil results from it to him who lays him under the necessity of acting thus, he can accuse none but his own injustice.

Secton 53. If then there is any where a natian of a restless and mischievous disposition, always ready to injure others,

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to traverse their designs, and raise domestic troubles; it is not to be doubted, that all have a right to join in order to repress, chastise, and put it ever after out of its power to injure them. Such should be the just fruits of the policy which Michiavel praises in Cæsar Borgia. The conduct followed by Philip II. King of Spain, was adapted to unite all Europe against him; and it was from just reasons that Henry the Great formed a design of humbling a power, formidable by its forces, and pernicious by its maxims.

The three preceding propositions, are so many principles, that furnish various foundations for a just war, as we shall see in its proper place.

Section 54. It is a manifest consequence of the liberty and independence of nations, that all have a right to be governed as they think proper, and that none have the least authority to interfere in the government of another state. Of all the rights that can belong to a nation, sovereignty is, doubtless, the most precious, and that which others ought the most scrupulously to respect, if they would not do it an injury.

Section 55. The sovereign is he to whom the nation has trusted the empire, and the care of the government: it has invested him with its rights; it alone is directly interested in the manner in which the conductor it has chosen, makes use of his power. It does not then belong to any foreign power to take cognizance of the administration of this sovereign, to set himself up for a judge of his conduct, and to oblige him to alter it. If he loads his subjects with taxes, and if he treats them with severity, it is a national affair, and no other is called upon to redress it, or to oblige him to follow more wise and equitable maxims. It is for prudence to point out the occasions when a foreign prince may make him officious and amicable representations. The Spaniards violated all rules, when they set themselves up for judges of the Inca Athualpa.. If that prince had violated the law of nations with respect to them, they would have had a right to punish him. But they accused him of having put some of his subjects to death, of having had several wives, &c. Things, for which he was not at all accountable to them; and what gave the finishing stroke to their extravagant injustice, they condemned him by the laws of Spain.

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Section 56. But if the prince attacking the fundamental laws, gives his subjects a legal right to resist him; if tyranny becoming insupportable, obliges the nation to rise in their defence; every foreign power has a right to succour an empressed people who implore their assistance. The English

justly complained of James II. The nobility and the most distinguished patriots resolved to put a check on his enterprises, which manifestly tended to overthrow the constitution, and to destroy the liberties and religion of the people, and therefore applied for assistance to the united provinces. The authority of the prince of Orange had, doubtless, an influence on the deliberations of the state-general; but it did not make them commit injustice: for when a people from good reasons take up arms against an oppressor, justice and generosity require, that brave men should be assisted in the defence of their liberties. Whenever therefore a civil war is kindled in a state, foreign powers may assist that party which appears to them to have justice on their side. He who assists: an odious tyrant; he who declares for an unjust and rebellious people, offends against his duty. When the bands of the political society are broken, or at least suspended between the sovereign and his people, they may then be considered as two distinct powers; and since each is independent of all foreign authority, nobody has a right to judge them. Either. may be in the right, and each of those who grant their assistance may believe that he supports a good cause. It follows then, in virtue of the voluntary law of nations, (see Prelim. § 21.), that the two parties may act as having an equal right, and behave accordingly, till the decision of the affair.

But we ought not to abuse this maxim for authorizing odious proceedings against the tranquillity of states. It is a violation of the law of nations to persuade those subjects to revolt who actually obey their sovereign, though they com 'plain of his government.

The practice of nations is conformable to our maxims. When the German protestants came to the assistance of the reformed in France, the court never undertook to treat them otherwise than as common enemies, and according to the laws of war. France at the same time assisted the Netherlands which took up arms against Spain, and did not pretend that her troops should be considered upon any other footing than as auxiliaries in a regular war. But no power avoids complaining of an atrocious injury, if any one attempts by his emissaries to excite his subject to revolt.

As those monsters who, under the title of sovereigns, render themselves the scourges and horror of the human race; these are savage beasts, from which every brave man may justly purge the earth. All antiquity has praised Hercules for delivering the world from an Antæus, a Busiris and a Diomedes.

Section 57. After having established this truth, that foreign nations have no right to intrude themselves into the government of an independent state, it is not difficult to prove, that this state has a right of refusing to suffer it. To govern itself according to its pleasure, is a necessary part of its independence. A sovereign state cannot be constrained in this respect, except it be from a particular right which the state itself has given to others by treaties; and even in this case, in a subject of such importance as that of government, this right cannot be extended beyond the clear and express terms of the treaties. Without this circumstance a sovereign has a right to treat as enemies those who endeavour to interfere, otherwise than by their good offices, in his domestic affairs.

Section 58. Religion is in every sense of great importance to a nation, and one of the most interesting subjects on which the government can be employed. An independent people is, with respect to their religion, accountable to none but God; they have a right to conduct themselves, in this respect, as in all others, according to the light of conscience, and not to suffer any foreigner to interfere in an affair of so delicate a nature. The custom long kept up in Christendom of causing all the affairs of religion to be decided and regulated in a general council, could only be introduced by the singular circumstance of the submission of the whole church to the same civil government, the Roman empire. When that empire was overthrown, and gave place to many independent kingdoms, this custom was found contrary to the first elements of government, to the idea of independent states, and political societies. It was, however, long supported by prejudice, ignorance, and superstition, by the authority of the popes, and the power of the clergy, and even respected at the time of the reformation. The states who had embraced it, offered to submit to the decisions of an impartial council lawfully assembled. At present they boldly declare, that they depend on no power on earth, either with respect to religion or civil government. The general and absolute authority of the pope and council is absurd in every other system than that of those popes who resolved to make all Christendom one single body, of which they pretended to be the supreme head.* Thus even catholic sovereigns have endeavoured to restrain this authority within such limits as are consistent with their supreme power; they do not receive

* See above § 146. and Bodius's Republic, Book I. Chap IX. with his citations p. m. 139.

the decrees of the councils and the popes' bulls, till after they have caused them to be examined; and these ecclesiastical laws, are of no force in their dominions without the consent of the prince. We have sufficiently established in the first book of this work, chap. XII. the rights of the state in matters of religion, and we refer to them here, only to draw just consequences from them with respect to the conduct which nations ought to observe with regard to each other.

Section 39. It is then certain, that no one can interfere in opposition to the will of a nation, in its religious affairs, without violating its rights, and doing it an injury. Much less is any one allowed to employ force of arms to oblige it to receive a doctrine and a worship which he considers as divine. What right have men to proclaim themselves the defenders and protectors of the cause of God? He always knows how, when he pleases, to lead the nations to the knowledge of himself, by more certain means than those of violence. Persecutors make no true converts. The monstrous maxim of extending religion by the sword, is a subversion of the law of nations, and the most terrible scourge of kingdoms. Every madman believes he fights the cause of God, and every ambitious man covers himself with this pretence. While Charlemagne spread fire and sword through Saxony, to plant christianity there, the successors of Mahomet ravaged Asia and Africa, to establish the Koran.

Section 60. But it is an office of humanity to labour by mild and lawful means to persuade a nation to receive a religion that is believed to be the only one that is true and salutary. Missionaries may be sent to instruct the people, and this care is altogether conformable to the attention which every nation owes to the perfection and happiness of others. But it must be observed, that not to do any injury to the rights of a sovereign, the missionaries ought to abstain from preaching clandestinely, or without his permission, a new doctrine to his people. He may refuse to allow them the liberty of discharging their office, and if he orders them to leave his dominions, they ought to obey. They have need of a very express order from the king of kings for disobeying lawfully a sovereign who commands according to the extent of his power and the prince who shall not be convinced of this extraordinary order of the Deity, will do no more than exert his authority, by punishing a missionary for disobedience. But if the nation, or a considerable part of the people, are desirous of keeping the missionary, and following his doctrine, we have established elsewhere the rights of the