his own country, she ought to apply to his sovereign to have BOOK II. justice done in the case.

CHAP. VI.

of the ag

vereign.

And, since the latter ought not to suffer his subjects to [163] molest the subjects of other states, or to do them an injury, $76. Duty much less to give open, audacious offence to foreign powers, he ought to compel the transgressor to make reparation for gressor's sothe damage or injury, if possible, or to inflict on him an exemplary punishment; or, finally, according the nature and circumstances of the case, to deliver him up to the offended state, to be there brought to justice. This is pretty generally observed with respect to great crimes, which are equally contrary to the laws and safety of all nations. Assassins, incendiaries, and robbers, are seized everywhere, at the desire of the sovereign in whose territories the crime was committed, and are delivered up to his justice. The matter is carried still farther in states that are more closely connected by friendship and good neighbourhood. Even in cases of ordinary trangressions, which are only subjects of civil prosecution, either with a view to the recovery of damages, or the infliction of a slight civil punishment, the subjects of two neighbouring states are reciprocally obliged to appear before the magistrate of the place where they are accused of having failed in their duty. Upon a requisition of that magistrate, called Letters Rogatory, they are summoned in due form by their own magistrates, and obliged to appear. An admirable institution, by means of which many neighbouring states live together in peace, and seem to form only one republic! This is in force throughout all Switzerland. As soon as the Letters Rogatory are issued in form, the superior of the accused is bound to enforce them. It belongs not to him to examine whether the accusation be true or false: he is to presume on the justice of his neighbour, and not suffer any doubts on his own part to impair an institution so well calculated to preserve harmony and good understanding between the states. However, if by constant experience he should find that his subjects are oppressed by the neighbouring magistrates who summon them before their tribunals, it would undoubtedly be right in him to reflect on the protection due to his people, and to refuse the rogatories till satisfaction were given for the abuses committed, and proper steps taken to prevent a repetition of them. But, in such case, it would be his duty to allege his reasons, and set them forth in the clearest point

of view.

tice, he be

comes a

The sovereign who refuses to cause reparation to be made § 77. If he for the damage done by his subject, or to punish the offender, refuses jusor, finally, to deliver him up, renders himself in some measure an accomplice in the injury, and becomes responsible party in the for it. But, if he delivers up either the property of the fault and offender, as an indemnification, in cases that will admit of offence. pecuniary compensation-or his person, in order that he may

BOOK II. suffer the punishment due to his crime, the offended party CHAP. VI. has no further demand on him. King Demetrius, having de[164] livered to the Romans those who had killed their ambassador,

$ 78. Another case in which the nation is

crimes of the citizens.

the senate sent them back, resolving to reserve to themselves the liberty of punishing that crime, by avenging it on the king himself, or on his dominions.* If this was really the case, and if the king had no share in the murder of the Roman ambassador, the conduct of the senate was highly unjust, and only worthy of men who sought but a pretext to cover their ambitious enterprises.

Finally, there is another case where the nation in general is guilty of the crimes of its members. That is, when, by its manners, and by the maxims of its government, it accusguilty of the toms and authorizes its citizens indiscriminately to plunder and maltreat foreigners, to make inroads into the neighbouring countries, &c. Thus, the nation of the Usbecks is guilty of all the robberies committed by the individuals of which it is composed. The princes whose subjects are robbed and massacred, and whose lands are infested by those robbers, may justly level their vengeance against the nation at large. (106) Nay, more; all nations have a right to enter into a league against such a people, to repress them, and to treat them as the common enemies of the human race. The Christian nations would be no less justifiable in forming a confederacy against the states of Barbary, in order to destroy those haunts of pirates, with whom the love of plunder, or the fear of just punishment, is the only rule of peace and war. But these piratical adventurers are wise enough to respect those who are most able to chastise them; and the nations that are able to keep the avenues of a rich branch of commerce open for themselves, are not sorry to see them shut against others.

CHAP. VII.

the domain.

CHAP. VII.

EFFECTS OF THE DOMAIN BETWEEN NATIONS.

$ 79. GeneWE have explained, in Chap. XVIII. Book I., how a naral effect of tion takes possession of a country, and at the same time gains possession of the domain and government therof. That country, with every thing included in it, becomes the property of the nation in general. Let us now see what are the effects of this property, with respect to other nations. The full domain is necessarily a peculiar and exclusive right; for, if I

*See Polybius, quoted by Barbeyrac, in his notes on Grotius, book iii. chap. xxiv. § vii.

(106) It was on this ground that the French nation so recently took possession of Algiers.-C.

CHAP. VII.

have a full right to dispose of a thing as I please, it thence BOOK II. follows that others have no right to it at all, since, if they had any, I could not freely dispose of it. The private domain of the citizens may be limited and restrained in several ways by the laws of the state, and it always is so by the eminent domain of the sovereign; but the general domain of the nation is full and absolute, since there exists no authority upon earth by which it can be limited: it therefore excludes all right on the part of foreigners. And, as the rights of a nation ought to be respected by all others (§ 64), none can form any [ 165 ] pretensions to the country which belongs to that nation, nor ought to dispose of it without her consent, any more than of the things contained in the country.

hended in

The domain of the nation extends to every thing she pos- $ 80. What sesses by a just title: it comprehends her ancient and original is comprepossessions, and all her acquisitions made by means which are the domain just in themselves, or admitted as such among nations,-con- of a nation. cessions, purchases, conquests made in the regular war, &c. And by her possessions we ought not only to understand her territories, but all the rights she enjoys.

the citizens is the pro

tions.

Even the property of the individuals is, in the aggregate, § 81. The to be considered as the property of the nation, with respect property of to other states. It, in some sort, really belongs to her, from the right she has over the property of her citizens, because perty of the it constitutes a part of the sum total of her riches, and aug- nation, with ments her power. She is interested in that property by her respect to obligation to protect all her members. In short, it cannot be foreign naotherwise, since nations act and treat together as bodies in their quality of political societies, and are considered as so many moral persons. All those who form a society, a nation being considered by foreign nations as constituting only one whole, one single person,-all their wealth together can only be considered as the wealth of that same person. And this is so true, that each political society may, if it pleases, establish within itself a community of goods, as Campanella did in his republic of the sun. Others will not inquire what it does in this respect: its domestic regulations make no change in its rights with respect to foreigners nor in the manner in which they ought to consider the aggregate of its property, in what way soever it is possessed.

By an immediate consequence of this principle, if one na- § 82. A contion has a right to any part of the property of another, she sequence of has an indiscriminate right to the property of the citizens of this principle. the latter nation until the debt be discharged. This maxim is of great use, as shall hereafter be shown.

$83. Con

The general domain of the nation over the lands she inhabits nection of is naturally connected with the empire; for, in establishing the domain herself in a vacant country, the nation certainly does not in- of the natend to possess it in subjection to any other power: and, can the sovewe suppose an independent nation not vested with the absolute reignty.

tion with

BOOK II. command in her domestic concerns? Thus, we have already CHAP. VII. observed (Book I, § 205), that, in taking possession of a country, the nation is presumed to take possession of its government at the same time. We shall here proceed further, and show the natural connection of these two rights in an independent nation. How could she govern herself at her own pleasure in the country she inhabits, if she cannot truly and absolutely dispose of it? And how could she have the full and absolute domain of a place where she has not the command? Another's sovereignty, and the rights it comprehends, must deprive her of the free disposal of that place. Add to this [166] the eminent domain which constitutes a part of the sovereignty (Book I, § 244), and you will the better perceive the intimate connection existing between the domain and the sovereignty of the nation. And, accordingly, what is called the high domain, which is nothing but the domain of the body of the nation, or of the sovereign who represents it, is everywhere considered as inseparable from the sovereignty. The useful domain, or the domain confined to the rights that may belong to an individual in the state, may be separated from the sovereignty and nothing prevents the possibility of its belonging to a nation in places that are not under her jurisdiction. Thus, many sovereigns have fiefs, and other possessions, in the territories of another prince: in these cases they possess them in the manner of private individuals.

$ 84. Jurisdiction.

The sovereignty united to the domain establishes the jurisdiction of the nation in her territories, or the country that belongs to her. It is her province, or that of her sovereign, to exercise justice in all the places under her jurisdiction, to take cognisance of the crimes committed, and the differences that arise in the country.

Other nations ought to respect this right. And, as the administration of justice necessarily requires that every definitive sentence, regularly pronounced, be esteemed just, and executed as such,-when once a cause in which foreigners are interested has been decided in form, the sovereign of the defendants cannot hear their complaints. To undertake to examine the justice of a definitive sentence is an attack on the jurisdiction of him who has passed it. The prince, therefore, ought not to interfere in the causes of his subjects in foreign countries, and grant them his protection, excepting in cases where justice is refused, or palpable and evident injustice done, or rules and forms openly violated, or, finally, an odious distinction made, to the prejudice of his subjects, or of foreigners in general. The British court established this maxim, with great strength of evidence, on occasion of the Prussian vessels seized and declared lawful prizes during the last war.*

See the report made to the King of Great Britain by Sir George Lee, Dr. Paul, Sir Dudley Ryder, and Mr.

Murray. It is an excellent piece on the law of nations.

What is here said has no relation to the merits of that par- BOOK II. ticular cause, since they must depend on facts.

CHAP. VII.

In consequence of these rights of jurisdiction, the decisions § 85. Effects of the jurismade by the judge of the place within the extent of his power diction in ought to be respected, and to take effect even in foreign counforeign tries. For instance, it belongs to the domestic judge to nomi- countries. nate tutors and guardians for minors and idiots. The law of (107)