In lieu of an abstract, here is a brief excerpt of the content:

chapter xvi 207 chapter xvi Of the Protection sought by a Nation, and its voluntary Submission to a foreign Power. When a nation is not capable of preserving herself from insult and oppression , she may procure the protection of a more powerful state. If she obtains this by only engaging to perform certain articles, as, to pay a tribute in return for the safety obtained,—tofurnishherprotectorwith troops,—and to embark in all his wars as a joint concern,—but still reservingtoherself therightof administeringherowngovernmentatpleasure ,—it is a simple treaty of protection, that does not at all derogate from her sovereignty, and differs not from the ordinary treaties of alliance otherwise than as it creates a difference in the dignity of the contracting parties. But this matter is sometimes carried still farther: and although a nation is under an obligation to preserve with the utmost care the liberty and independence it inherits from nature,—yet, when it has not sufficient strength of itself, and feels itself unable to resist its enemies, it may lawfully subject itself to a more powerful nation on certain conditions agreed to by both parties: and the compact or treaty of submission will thenceforward be the measure and rule of the rights of each. For since the people who enter into subjection resign a right which naturally belongs to them, and transfer it to the other nation, they are perfectly at liberty to annex what conditions they please to this transfer; and the other party, by accepting their submission on this footing, engages to observe religiously all the clauses of the treaty. This submission may be varied to infinity, according to the will of the contracting parties: it may either leave the inferior nation a part of the sovereignty, restraining it only in certain respects,—or it may totally abolish it, so that the superior nation shall become the sovereign of the other,—or, finally, the lesser nation may be incorporated with the greater, in order thenceforward to form with it but one and the same state: and then the citizens of the former will have the same privileges§192. Protection.§193. Voluntary submission of one nation to another.§194. Several kinds of submission. 208 book i: nations in themselves as those with whom they are united. The Roman history furnishes examples of each of these three kinds of submission,—1. the allies of the Roman people, such as the inhabitants of Latium were for a long time, who, in several respects, depended on Rome, but, in all others, were governed according to their own laws, and by their own magistrates;— 2. the countries reduced to Roman provinces, as Capua, whose inhabitants submitted absolutely to the Romans;*—3. the nations to which Rome granted the freedom of the city. In after times the emperors granted that privilege to all the nations subject to the empire, and thus transformed all their subjects into citizens. In the case of a real subjection to a foreign power, the citizens who do not approve this change are not obliged to submit to it:—they ought to be allowed to sell their effects and retire elsewhere. For my having entered into a society does not oblige me to follow its fate, when it dissolves itself in order to submit to a foreign dominion. I submitted to the society as it then was, to live in that society as the member of a sovereign state, and not in another: I am bound to obey it, while it remains a political society: but when it divests itself of that quality in order to re- ceive its laws from another state, it breaks the bond of union between its members, and releases them from their obligations. When a nation has placed itself under the protection of another that is more powerful, or has even entered into subjection to it with a view to receiving its protection,—if the latter does not effectually protect the other in case of need, it is manifest, that, by failing in its engagements, itloses allthe rightsithadacquiredbytheconvention,andthattheother, being disengaged from the obligation it had contracted, re-enters into the possession of all its rights, and recovers its independence, or its liberty . It is to be observed, that this takes place even in cases where the protector does not fail in his engagements through a want of good faith, * Itaque populum Campanum, urbemque Capuam, agros, delubra deûm, divina humanaque omnia, in vestram, patres conscripti, populique Romani ditionem dedimus . [[“Therefore we now...

pdf

Additional Information

ISBN
9781614878728
Print ISBN
9780865974517
MARC Record
OCLC
466082934
Pages
896
Launched on MUSE
2013-06-27
Language
English
Open Access
N
Back To Top

This website uses cookies to ensure you get the best experience on our website. Without cookies your experience may not be seamless.