CHAP. IV. himself the empire and the care of the government: she has invested him BOOK II. with her rights; she alone is directly interested in the manner in which the conductor she has chosen makes use of his power. § 55. One It does not, then, belong to any foreign power to take cog- sovereign nisance of the administration of that sovereign, to set himself cannotmake up for a judge of his conduct, and to oblige him to alter it. judge of the If he loads his subjects with taxes, and if he treats them with conduct of severity, the nation alone is concerned in the business; and another. no other is called upon to oblige him to amend his conduct, and follow more wise and equitable maxims. It is the part of prudence to point out the occasions when officious and amicable representations may be made to him. The Spaniards violated all rules when they set themselves up as 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 [ 156 ] 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, to fill up the measure of their extravagant injustice, they condemned him by the laws of Spain.* a quarrel But, if the prince, by violating the fundamental laws, gives § 56. How his subjects a legal right to resist him,—if tyranny, becom- far lawful to ing insupportable, obliges the nation to rise in their own de- interfere in fence, every foreign power has a right to succour an op- between a pressed people who implore their assistance. The English sovereign justly complained of James II. The nobility and the most and his subdistinguished patriots having determined to check him in the jects. prosecution of his schemes, which manifestly tended to overthrow the constitution, and to destroy the liberties and the religion of the people, applied for assistance to the United Provinces. The authority of the Prince of Orange had, doubtless, an influence on the deliberations of the statesgeneral; but it did not lead them to the commission of an act of injustice: for, when a people, from good reasons take up arms against an oppressor, it is but an act of justice and generosity to assist brave men in the defence of their liberties. Whenever, therefore, matters are carried so far as to produce a civil war, foreign powers may assist that party which appears to them to have justice on its side. He who assists an odious tyrant,-he who declares for an unjust and rebellious people,-violates his duty. But, when the bands of the political society are broken, or at least suspended, between the sovereign and his people, the contending parties may then be considered as two distinct powers; and, since they are both equally 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 imagine that he is acting in support of the better cause. * Garcillasso de la Vega. It fol BOOK II. lows, then, in virtue of the voluntary law of nations (see CHAP. IV. Prelim. § 21), that the two parties may act as having an equal right, and behave to each other accordingly till the decision of the affair. But we ought not to abuse this maxim, and make a handle of it to authorize odious machinations against the internal tranquillity of states. It is a violation of the law of nations to invite those subjects to revolt who actually pay obedience to their sovereign, though they complain of his government. The practice of nations is conformable to our maxims. When the German protestants came to the assistance of the reformed party in France, the court never attempted to treat them otherwise than on the usual footing of enemies in general, and according to the laws of war. France was at the same time engaged in assisting the Netherlands then in arms against Spain, and expected that her troops should be considered in no other light than as auxiliaries in a regular war. But no power ever fails to complain, as of an atrocious wrong, if any one attempts by his emissaries to excite his subjects to revolt. [157] As to those monsters who, under the title of sovereigns, render themselves the scourges and horror of the human race, they are savage beasts, whom every brave man may justly exterminate from the face of the earth. All antiquity has praised Hercules for delivering the world from an Antæas, a Busiris, and a Diomede. $ 57. Right ence of for After having established the position that foreign nations of opposing have no right to interfere in the government of an independthe interfer- ent state, it is not difficult to prove that the latter has a right eign powers to oppose such interference. To govern herself according to in the affairs her own pleasure, is a necessary part of her independence. of govern- A sovereign state cannot be constrained in this respect, except ment. $58. The it be from a particular right which she has herself given to other states by her treaties; and, even if she has given them such a right, yet it cannot, in an affair of so delicate a nature as that of government, be extended beyond the clear and express terms of the treaties. In every other case, a sovereign has a right to treat those as enemies who attempt to interfere in his domestic affairs otherwise than by their good offices. Religion is in every sense an object of great importance to same rights a nation, and one of the most interesting subjects on which with respect the government can be employed. An independent people to religion. are accountable for their religion to God alone; in this par ticular, as in every other, they have a right to regulate their conduct according to the dictates of their own conscience, and to prevent all foreign interference in an affair of so delicate a nature.* The custom, long kept up in Christendom, * When, however, we see a party the religion we profess, and a neighinflamed with deadly hatred against bouring prince persecuting in conse of causing all the affairs of religion to be decided and regu- BOOK II. lated in a general council, could only have been introduced _CHAP. IV. 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 principles of government, to the very 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 still respected even at the time of the reformation. The states who had embraced the reformed religion offered to submit to the decisions of an impartial council lawfully assembled. At present they would not hesitate to declare, that, in matters of religion, they are equally independent of every power on earth, as they are in the affairs of civil government. The general and absolute authority of the pope and council is [158] absurd in every other system than that of those popes who strove to unite all Christendom in a single body, of which they pretended to be the supreme monarchs.* But even Catholic sovereigns have endeavoured to restrain that authority within such limits as are consistent with their supreme power: they do not receive the decrees of councils or the popes' bulls till they have caused them to be examined; and these ecclesiastical laws are of no force in their dominions unless confirmed by the prince. In the first book of this work, Chap. XII. we have sufficiently established the rights of a state in matters of religion; and we introduce them here again, only to draw just consequences from them with respect to the conduct which nations ought to observe towards each other. constrained It is, then, certain that we cannot, in opposition to the will § 59. No na of a nation, interfere in her religious concerns, without vio- tion can be lating her rights, and doing her an injury. Much less are with respect we allowed to employ force of arms to oblige her to receive to religion a doctrine and a worship which we consider as divine. What right have men to set themselves up as the defenders and protectors of the cause of God? He can, whenever he pleases, lead nations to the knowledge of himself, by more effectual means than those of violence. Persecutors make no true converts. The monstrous maxim of extending religion by the sword, is a subversion of the rights of mankind, and the most quence the professors of that religion, it is lawful for us to give assistance to the sufferers, as it was well remarked by James I. of England to Bouillon the ambassador of Mary de Medici, queen-regent of France," When my neighbours are attacked in a quarrel in which I am interested, the law of nature requires that I should antici, * See above, § 46, and Bodinus's BOOK II. terrible scourge of nations. Every madman will fancy he is CHAP. IV. fighting in the cause of God, and every aspiring spirit will use that pretext as a cloak for his ambition. While Charlemagne was ravaging Saxony with fire and sword, in order to plant Christianity there, the successors of Mohammed were ravaging Asia and Africa, to establish the Koran in those parts. § 60. Off manity in these mat ters. ries. But it is an office of humanity to labour, by mild and lawces of hu- ful means, to persuade a nation to receive a religion which we believe to be the only one that is true and salutary. Missionaries may be sent to instruct the people; and this care is Missiona- altogether comformable to the attention which every nation owes to the perfection and happiness of others. But it must be observed, that, in order to avoid doing an 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 accept their proffered services; and, if he orders them to leave his dominions, they ought to obey. They should have a very express order from the King of kings, before they can lawfully disobey a sovereign who commands according to the extent of his power; and the prince who is not convinced of that extraordinary order of the Deity, will do no more than exert his lawful rights, in punishing a missionary for disobedience. But, what if the nation, or a considerable part of the people, are desirous of retaining the missionary, and following his doc[159] trine? In a former part of the work (Book I. §§ 128-136), we have established the rights of the nation and those of the citizens; and thither we refer for an answer to this question. This is a very delicate subject; and we cannot authorize cumspection an inconsiderate zeal for making proselytes, without endangering the tranquillity of all nations, and even exposing those who are engaged in making converts to act inconsistently with their duty, at the very time they imagine they are accomplishing the most meritorious work. For, it is certainly performing a very bad office to a nation, and doing her an essential injury, to spread a false and dangerous religion among the inhabitants. Now, there is no person who does not believe his own religion to be the only true and safe one. Recommend, kindle in all hearts, the ardent zeal of the missionaries, and you will see Europe inundated with Lamas, Bonzes, and Dervises, while monks of all kinds will overrun Asia and Africa. Protestant ministers will crowd to Spain and Italy, in defiance of the Inquisition, while the Jesuits will spread themselves among the Protestants in order to bring them back into the pale of the church. Let the Catholics reproach the Protestants as much as they please with their lukewarmness, the conduct of the latter is undoubtedly more agreeable to reason and the law of nations. True zeal applies itself to the task of making a holy religion flourish in the countries $61. Cir to be used. where it is received, and of rendering it useful to the man- BOOK II. ners of the people and to the state: and, without forestalling_CHAP. IV. the dispositions of Providence, it can find sufficient employment at home, until an invitation come from foreign nations, or a very evident commission be given from heaven, to preach that religion abroad. Finally, let us add, that, before we can lawfully undertake to preach a particular religion to the various nations of the earth, we must ourselves be thoroughly convinced of its truth by the most serious examination."What! can Christians doubt of their religion?"—The Mohammedan entertains no doubt of his. Be ever ready to impart your knowledge,-simply and sincerely expose the principles of your belief to those who are desirous of hearing you: instruct them, convince them by evidence, but seek not to hurry them away with the fire of enthusiasm. It is a sufficient charge on each of us, to be responsible for his own conscience. Thus, neither will the light of knowledge be refused to any who wish to receive it, nor will a turbulent zeal disturb the peace of nations. do in may favour of another state. When a religion is persecuted in one country, foreign na- § 62. What tions who profess it may intercede for their brethren: but a sovereign this is all they can lawfully do, unless the persecution be carried to an intolerable excess: then, indeed, it becomes a case those who of manifest tyranny, in opposition to which all nations are profess his allowed to assist an unhappy people (§ 56). A regard to religion in their own safety may also authorize them to undertake the defence of the persecuted sufferers. A king of France replied to the ambassadors who solicited him to suffer his subjects of the reformed religion to live in peace, "that he was master in his own kingdom." But the Protestant sovereigns, who saw a general conspiracy of the Catholics obstinately [160] bent on their destruction, were so far masters on their side as to be at liberty to give assistance to a body of men who might strengthen their party, and help them to preserve themselves from the ruin with which they were threatened. All distinctions of states and nations are to be disregarded, when there is question of forming a coalition against a set of madmen who would exterminate all those that do not implicitly receive their doctrines. |