sary that they act by some constant and known rule or other and as, for these reasons, certain positive constitutions are wont to be established in every society, which, when established, become as obligatory as the original principles of natural justice themselves; so, likewise, it is between independent communities. Together with those maxims of universal equity which are common to states and to individuals, and by which the rights and conduct of the one as well as the other ought to be adjusted, when they fall within the scope and application of such maxims; there exists also amongst Sovereigns a system of artificial jurisprudence, under the name of the law of nations. In this code are found the rules which determine the right to vacant or newly-discovered countries; those which relate to the protection of fugitives, the privileges of ambassadors, the condition and duties of neutrality, the immunities of neutral ships, ports, and coasts, the distance from shore to which these immunities extend, the distinction between free and contraband goods, and a variety of subjects of the same kind. Concerning which examples, and indeed the principal part of what is called the jus gentium, it may be observed, that the rules derive their moral force (by which I mean the regard that ought to be paid to them by the consciences of sovereigns,) not from their internal reasonableness or justice, for many of them are perfectly arbitrary, nor yet from the authority by which they were established, for the greater part have grown insensibly into usage, without any public compact, formal acknowledg ment, or even known original; but simply from the fact of their being established, and the general duty of conforming to established rules upon questions, and between parties, where nothing but positive regulations can prevent disputes, and where disputes are followed by such destructive consequences.The first of the instances which we have just now enumerated, may be selected for the illustration of this remark. The nations of Europe consider the sovereignty of newly-discovered countries as be longing to the prince or state whose subject makes the discovery; and, in pursuance of this rule, it is usual for a navigator, who falls upon an unknown

shore, to take possession of it, in the name of his sovereign at home, by erecting his standard, or displaying his flag, upon a desert coast. Now nothing can be more fanciful, or less substantiated by any considerations of reason or justice, than the right which such discovery, or the transient occupation and idle ceremony that accompany it, confer upon the country of the discoverer. Nor can any stipulation be produced, by which the rest of the world have bound themselves to submit to this pretension. Yet when we reflect that the claims to newly-discovered countries can hardly be settled, between the different nations which frequent them, without some positive rule or other; that such claims, if left unsettled, would prove sources of ruinous and fatal contentions; that the rule already proposed, however arbitrary, possesses one principal quality of a rule-determination and certainty; above all, that it is acquiesced in, and that no one has power to substitute another, however he might contrive a better, in its place: when we reflect upon these properties of the rule, or rather upon these consequences of rejecting its authority, we are led to ascribe to it the virtue and obligation of a precept of natural justice, because we perceive in it that which is the foundation of justice itself-public importance and utility. And a prince who should dispute this rule, for the want of regularity in its formation, or of intelligible justice in its principle, and by such disputes should disturb the tranquillity of nations, and at the same time lay the foundation of future disturbances, would be little less criminal than he who breaks the public peace by a violation of engagements to which he had himself consented, or by an attack upon those national rights which are founded immediately in the law of nature, and in the first perceptions of equity. The same thing may be repeated of the rules which the law of nations prescribes in the other instances that were mentioned, namely, that the obscurity of their origin, or the arbitrariness of their principle, subtracts nothing from the respect that is due to them, when once established.

War may be considered with a view to its causes and to its conduct.

The justifying causes of war are, deliberate invasions of right, and the necessity of maintaining such a balance of power amongst neighbouring nations, as that no single state, or confederacy of states, be strong enough to overwhelm the rest.The objects of just war are, precaution, defence, or reparation. In a larger sense, every just war is a defensive war, inasmuch as every just war supposes an injury perpetrated, attempted, or feared.

The insufficient causes or unjustifiable motives of war, are the family alliances, the personal friendships, or the personal quarrels, of princes; the internal disputes which are carried on in other nations; the justice of other wars; the extension of territory, or of trade; the misfortunes or accidental weakness of a neighbouring or rival nation.

There are two lessons of rational and sober policy, which, if it were possible to inculcate them into the councils of princes, would exclude many of the motives of war, and allay that restless ambition which is constantly stirring up one part of mankind against another. The first of these lessons admonishes princes to "place their glory and their emulation, not in extent of territory, but in raising the greatest quantity of happiness out of a given territory." The enlargement of territory by conquest is not only not a just object of war, but, in the greater part of the instances in which it is attempted, not even desirable. It is certainly not desirable where it adds nothing to the numbers, the enjoyments, or the security, of the conquerors.What commonly is gained to a nation, by the annexing of new dependencies, or the subjugation of other countries, to its dominion, but a wider frontier to defend; more interfering claims to vindi cate; more quarrels, more enemies, more rebel lions, to encounter; a greater force to keep up by sea and land; more services to provide for, and more establishments to pay? And, in order to draw from these acquisitions something that may make up for the charge of keeping them, a revenue is to be extorted, or a monopoly to be enforced and

watched, at an expense which costs half their produce. Thus the provinces are oppressed, in order to pay for being ill-governed; and the original state is exhausted in maintaining a feeble authority over discontented subjects. No assignable portion of country is benefitted by the change; and if the sovereign appear to himself to be enriched or strengthened, when every part of his dominion is made poorer and weaker than it was, it is probable that he is deceived by appearances. Or were it true that the grandeur of the prince is magnified by those exploits; the glory which is purchased, and the ambition which is gratified, by the distress of one country, without adding to the happiness of another, which at the same time enslaves the new and impoverishes the ancient part of the empire, by whatever names it may be known or flattered, ought to be an object of universal execration; and oftentimes not more so to the vanquished, than to the very people whose armies or whose treasures have achieved the victory.

There are, indeed, two cases in which the extension of territory may be of real advantage, and to both parties. The first is, where an empire thereby reaches to the natural boundaries which divide it from the rest of the world. Thus we account the British Channel the natural boundary which separates the nations of England and France; and if France possessed any countries on this, or England any cities or provinces on that, side of the sea, the recovery of such towns and districts to what may be called their natural sovereign, though it may not be a just reason for commencing war, would be a proper use to make of victory. The other case is, where neighbouring states, being severally too small and weak to defend themselves against the dangers that surround them, can only be safe by a strict and constant junction of their

gth: here conquest will effect the purposes of "on and alliance; and the union which it produces is often more close and permanent than that which results from voluntary association.Thus, if the heptarchy had continued in England, the different kingdoms of it might have separately fallen a prey to foreign invasion: and although the

interest and danger of one part of the island were in truth common to every other part, it might have been difficult to have circulated this persuasion amongst independent nations; or to have united them in any regular or steady opposition to their continental enemies, had not the valour and fortune of an enterprising prince incorporated the whole into a single monarchy. Here the conquered gained as much by the revolution as the conquerors. In like manner, and for the same reason, when the two royal families of Spain were met together in one race of princes, and the several provinces of France had devolved into the possession of a single sovereign, it became unsafe for the inhabitants of Great Britain any longer to remain under separate governments. The union of England and Scotland, which transformed two quarrelsome neighbours into one powerful empire, and which was first brought about by the course of succession, and afterward completed by amicable convention, would have been a fortunate conclusion of hostilities, had it been effected by the operations of war. These two cases being admitted, namely, the obtaining of natural boundaries and barriers, and the including under the same government those who have a common danger and a common enemy to guard against; I know not whether a third can be thought of, in which the extension of empire by conquest is useful even to the conquerors.

The second rule of prudence which ought to be recommended to those who conduct the affairs of nations, is "never to pursue national honour as distinct from national interest." This rule acknowledges that it is often necessary to assert the honour of a nation for the sake of its interest. The spirit and courage of a people are supported by flattering their pride. Concessions which betray too much of fear or weakness, though they relate to points of mere ceremony, invite demands and.o hy tacks of more serious importance. Our rule allows all this; and only directs that, when points of honour become subjects of contention between sovereigns, or are likely to be made the occasions of war, they be estimated with a reference to utility, and not by themselves. "The dignity of his