of her affairs, without being accountable to any other. The obligation of trading with other nations is in itfelf an imperfect obligation (Prelim. § 17), and gives them only an imperfect right; fo that, in cafes where the commerce would be detrimental, that obligation is entirely void. When the Spaniards attacked the Americans under a pretence that thofe people refused to traffic with them, they only endeavoured to throw a colourable veil over their own infatiable avarice.

treaties.

These few remarks, together with what we have already faid § 26. on the fubject (Book 1 Chap. VIII.) may suffice to establish the Neceffity of principles of the natural law of nations refpecting the mutual commercial commerce of ftates. It is not difficult to point out, in general, what are the duties of nations in this refpect, and what the law of nature prescribes to them for the good of the great fociety of mankind. But as each nation is only fo far obliged to carry on commerce with others, as the can do it without being wanting to herself, and as the whole ultimately depends on the judgment that each state may form of what it can and ought to do in particular cafes,-nations cannot count on any thing more than generalities, fuch as the inherent liberty of each to carry on trade,and, moreover, on imperfect rights, which depend on the judg ment of others, and, confequently, are ever uncertain. Wherefore, if they wish to fecure to themselves any definite and conftant advantages, they must procure them by treaties.

rule con

Since a nation has a full right to regulate herfelf in commercial $27. affairs by what is ufeful or advantageous to her, he may make General fuch commercial treaties as the thinks proper; and no other nation cerning has a right to take offence, provided thofe treaties do not affect those treathe perfect rights of others. If, by the engagements contracted, ties. a nation, unneceffarily, or without powerful reafons, renders herself incapable of joining in the general trade which nature recommends between nations, fhe trefpaffes against her duty. But the nation being the fole judge in this cafe (Prelim. § 16), other nations are bound to refpect her natural liberty,-to acquiefce in her determination, and even to fuppofe that the is actuated by fubitantial reafons. Every commercial treaty, therefore, which does not impair the perfect right of others, is allowable between nations; nor can the execution of it be lawfully oppofed. But thofe commercial treaties alone are in themselves just and commendable, which pay to the general intereft of mankind as great a degree of respect as is poffible and reafonable in the particular cafe.

§ 28. Duty of

nations in

ties.

As exprefs promifes and engagements fhould be inviolable, every wife and virtuous nation will be attentive to examine and making weigh a commercial treaty before the concludes it, and to take thofe treacare that the be not thereby engaged to any thing contrary to the duties which the owes to herself and others. Perpetual Nations may in their treaties infert fuch claufes and conditions or temporaas they think proper: they are at liberty to make them perpetual, ry treaties, or temporary, or dependent on certain events. It is ufually moft revocable

L

§ 29.

or treaties

prudent at pleasure.

§ 30. Nothing

contrary to

party.

prudent not to engage forever, as circumstances may afterwards intervene, by which the treaty might become very oppreffive to one of the contracting parties. A nation may confine a treaty to the grant of only a precarious right,-referving to herself the liberty of revoking it at pleasure. We have already obferved (Book I. § 94), that a fimple permiffion does not, any more than long cuftom (ibid. § 95), give any perfect right to a trade. These things are therefore not to be confounded with treaties,not even with those which give only a precarious right.

When once a nation has entered into engagements by treaty, she is no longer at liberty to do, in favour of others, contrary to the tenor of the tenor of the treaty, what the might otherwife have granted a treaty can to them agreeably to the duties of humanity or the general obli- . be granted to a third gation of mutual commerce: for fhe is to do for others no more than what is in her power; and having deprived herself of the liberty of difpofing of a thing, that thing is no longer in her power. Therefore when a nation has engaged to another that The will fell certain merchandife or produce to the latter only,-as, for instance, corn,-fhe can no longer fell it to any other. The cafe is the fame in a contract to purchase certain goods of that nation alone.

$ 31. How far lawful to

give up by treaty the

trading

with other

nations.

its com

merce in fa

But it will be asked, how and on what occafions a nation may enter into engagements which deprive her of the liberty to fulfil her duties to others. As the duties we owe to ourselves are paramount to thofe we owe to others,-if a nation finds her fafety and fubftantial advantage in a treaty of this nature, fhe is unquestionably juftifiable in contracting it,-efpecially as fhe does not thereby interrupt the general commerce of nations, but fimply caufes one particular branch of her own commerce to pass through other hands, or enfures to a particular people certain things of which they ftand in need. If a ftate which ftands in need of falt can fecure a fupply of it from another, by engaging to fell her corn and cattle only to that other nation, who will doubt but she has a right to conclude fo falutary a treaty? In this cafe, her corn or cattle are goods which she disposes of for supplying her own wants. But, from what we have obferved (§ 28), engagements of this kind are not to be entered into, without very good reafons. However, be the reafons good or bad, the treaty is ftill valid, and other nations have no right to oppose it (§ 27).

$ 32. Every one is at liberty to renounce his right: a nation thereA nation fore may lay a restriction on her commerce in favour of another mayabridge nation, and engage not to traffic in a certain kind of goods, or to forbear trading with fuch and fuch a country, &c. And in devour of an- parting from fuch engagements, the acts against the perfect right of the nation with which fhe has contracted; and the latter has a right to restrain her. The natural liberty of trade is not hurt by treaties of this nature: for that liberty confifts only in every nation being unmolested in her right to carry on commerce with thofe that confent to traffic with her; each one remaining free

other.

to

to embrace or decline a particular branch of commerce, as fhe shall judge moft advantageous to the state.

$33.

A nation

felf a par

Nations not only carry on trade for the fake of procuring neceflary or useful articles, but alfo with a view to make it a fource of opulence. Now, wherever a profit is to be made, it is equally priate to itlawful for every one to participate in it: but the most diligent ticular may lawfully anticipate the others by taking poffeffion of an ad- branch of vantage which lies open to the first occupier; he may even fe- trade. " cure the whole entirely to himself, if he has any lawful means of appropriating it. When therefore a particular nation is in fole poffeflion of certain articles, another nation may lawfully procure to herself by treaty the advantage of being the only buyer, and then fell them again all over the world. And as it is indifferent to nations from what hand they receive the commodities they want, provided they obtain them at a reasonable price, the monopoly of this nation does not clafh with the general duties of humanity, provided that the do not take advantage of it to fet an unreafonable and exorbitant price on her goods. Should the, by an abuse of her monopoly, exact an immoderate profit, this would be an offence againft the law of nature, as by fuch an exaction fhe either deprives other nations of a neceffary or agreeable article which nature defigned for all men, or obliges them to purchafe it at too dear a rate: nevertheless fhe does not do them any pofitive wrong, because, strictly speaking, and according to external right, the owner of a commodity may either keep it, or fet what price he pleases on it. Thus the Dutch, by a treaty with the king of Ceylon, have wholly engroffed the cinnamon trade: yet, whilst they keep their profits within juft limits, other nations have no right to complain.

But, were the neceffaries of life in queftion, were the monopolift inclined to raise them to an exceive price,-other nations would be authorifed by the care of their own fafety, and for the advantage of human fociety, to form a general combination in order to reduce a greedy oppreffor to reafonable terms. The right to neceffaries is very different from that to things adapted only to convenience and pleasure, which we may difpenfe with, if they be too dear. It would be abfurd that the fubiitence and being of other nations fhould depend on the caprice or avidity of

one.

$ 34.

Among the modern inftitutions for the advantage of commerce, one of the moft ufeful is that of confuls, or perfons refiding in Conlul. the large trading cities, and especially the feaports, of foreign countries, with a commiffion to watch over the rights and privileges of their nation, and to decide difputes between her merchants there. When a pation trades largely with a country, it is requifite to have there a perfon charged with fuch a commiffion: and as the state which allows of this commerce muft naturally favour it, for the fame reafon alfo, it mit admit the conful. But there being no abfolute and perfect obligation to this, the nation

$ 8.

The right the offices of humanity.

to require

$ 9.

The right of judging

Since nations ought to perform thefe duties or offices of humanity towards each other, according as one ftands in need, and the other can reasonably comply with them,-every nation being free, independent, and fole arbitress of her own actions, it belongs to each to confider whether her fituation warrants her in asking or granting any thing on this head. Thus 1. Every nation has a perfect right to ask of another that affistance and thofe kind offices which the conceives herself to stand in need of. To prevent her, would be doing her an injury. If the makes the application without neceffity, the is guilty of a breach of duty; but in this refpect, fhe is wholly independent of the judgment of others. A nation has a right to afk for thefe kind offices,

but not to demand them.

For, 2. Thefe offices being due only in neceffity, and by a nation which can comply with them without being wanting to itfelf; the nation that is applied to has, on the other hand, a right of judgthey are to ing whether the cafe really demands them, and whether circumbe granted. ftances will allow her to grant them confiftently with that re

whether

not to com

gard which the ought to pay to her own fafety and interests: for inftance, a nation is in want of corn, and applies to another nation to fell her a quantity of it :-in this cafe it refts with the latter party to judge whether, by a compliance with the request, they will not expose themselves to the danger of a scarcity: and if they refuse to comply, their determination is to be patiently acquiefced in. We have very lately seen a prudent performance of this duty on the part of Ruffia: the generously affisted Sweden when threatened with a famine, but refufed to other powers the liberty of purchafing corn in Livonia, from the circumstance of ftanding herself in need of it, and, no doubt, from weighty political motives likewife.

§ 10. Thus the right which a nation has to the offices of humanity A nation is is but an imperfect one: fhe cannot compel another nation to the pel another performance of them. The nation that unreafonably refuses to perform them, offends against equity, which confifts in acting conformthofe offices ably to the imperfect right of another: but thereby no injury is the refufal is done; injury or injustice being a trespass against the perfect right no wrong. of another.

of which

$ 11. Mutual

tions.

It is impoffible that nations should mutually discharge all these feveral duties if they do not love each other. This is the pure love of na- fource from which the offices of humanity should proceed; they will retain the character and perfection of it. Then nations will be seen fincerely and cheerfully to help each other, earnestly to promote their common welfare, and cultivate peace without jealoufy or diftrust.

§ 12. ought to

Each nation

A real friendship will be seen to reign among them; and this happy ftate confifts in a mutual affection. Every nation is obliged to cultivate the friendship of other nations, and carefully the friend- to avoid whatever might kindle their enmity against her. Wife and prudent nations often pursue this line of conduct from views

cultivate

fhip of

others. of direct and prefent intereft: a more noble, more general, and

lefs

lefs direct intereft, is too rarely the motive of politicians. If it be incontestable that men must love each other in order to anfwer the views of nature and discharge the duties which the prescribes them, as well as for their own private advantage,-can it be doubted that nations are under the like reciprocal obligation? Is it in the power of men, on dividing themselves into different political bodies, to break the ties of that univerfal fociety which nature has established amongst them?

itself with a

If a man ought to qualify himself for becoming useful to other $ 13. men, and a citizen, for rendering useful fervices to his country To perfect and fellow citizens, a nation likewife, in perfecting herfelf, ought view to the to have in view the acquifition of a greater degree of ability to pro- advantage mote the perfection and happiness of other nations: the fhould of others, be careful to set them good examples, and avoid fetting them them good a pattern of any thing evil. Imitation is natural to mankind: examples. the virtues of a celebrated nation are fometimes imitated, and much more frequently its vices and defects.

and fet

$14.

care of their

Glory being a poffeffion of great importance to a nation, as we have fhewn in a particular chapter exprefsly devoted to the fub- To take jea*,-the duty of a nation extends even to the care of glory. the glory of other nations. In the first place, she should, on occafion, contribute to enable them to merit true glory: fecondly, the fhould do them in this refpect all the juftice due to them, and ufe all proper endeavours that fuch juftice be univerfally done them: finally, inftead of irritating, the fhould kindly extenuate the bad effect with fome flight blemishes may produce:

§ 15.

of huma

nity.

From the manner in which we have established the obligation of performing the offices of humanity, it plainly appears to be Difference of religion folely founded on the nature of man. Wherefore no nation can ought not refufe them to another, under pretence of its profeffing a dif- to preclude ferent religion to be entitled to them, it is fufficient that the the offices claimant is our fellow-creature. A conformity of belief and worship may become a new tie of friendship between nations; but no difference in these refpects can warrant us in laying afide the character of men, or the fentiments annexed to it. As we have already related (§ 5) fome inftances well worthy of imitation, let us here do juftice to the pontiff who at prefent fills the fee of Rome, and has recently given a very remarkable example, and which cannot be too highly commended. Information being given to that prince, that feveral Dutch fhips remained at Civita Vecchia, not daring to put to fea for fear of the Algerine corfairs, he immediately iffued orders that the frigates of the ecclefiaftical state fhould convoy thofe fhips out of danger; and his nuncio at Bruffels received instructions to fignify to the ministers of the ftates-general, that his holiness made it a rule to protect commerce and perform the duties of humanity, without regarding any difference of religion. Such exalted fentiments cannot fail of railing a veneration for Benedict XIV. even amongst proteftants.

*Book i. chap. xv.

How