The Law of Nations

Chapter IV - Of the Sovereign, his Obligations, and his Rights

96 book i: nations in themselves parliament entered into a debate on making so considerable a change, and the whole nation was voluntarily silent upon it, this would be considered as an approbation of the act of its representatives. But in treating here of the change of the constitution, we treat only of the right: the question of expediency belongs to politics. We shall therefore only observe in general, that, great changes in a state being delicate and dangerous operations, and frequent changes being in their own nature prejudicial, a people ought to be very circumspect in this point, and never be inclined to make innovations without the most pressing reasons, or an absolute necessity. The fickleness of the Athenians was ever inimical to the happiness of the republic, and at length proved fatal to that liberty of which they were so jealous, withoutknowing how to enjoy it. We may conclude from what has been said (§31), that if any disputes arise in a state respecting the fundamental laws, the public administration , or the rights of the different powers of which it is composed, it belongs to the nation alone to judge and determine them conformably to its political constitution. In short, all these affairs being solely a national concern, no foreign power has a right to interfere in them, nor ought to intermeddle with them otherwise than by its good offices, unless requested to do it, or induced by particular reasons. If any intrude into the domesticconcerns of another nation, and attempt to put a constraint on its deliberations, they do it an injury. chapter iv Of the Sovereign, his Obligations, and his Rights. The reader cannot expect to find here a long deduction of the rights of sovereignty, and the functions of a prince. These are to be found in treatises on the public law. In this chapter we only propose to shew, in consequence of the grand principles of the law of nations, what a sovereign is, and to give a general idea of his obligations and his rights.§35. The nation ought not to attempt it without great caution.§36. It is the judge of all disputes relating to the government.§37. No foreign power has a right to interfere.§38. Of the sovereign. chapter iv 97 We have said that the sovereignty is that public authority which commands in civil society, and orders and directs what each citizen is to perform , to obtain the end of its institution. This authority originally and essentially belonged to the body of the society, to which each member submitted, and ceded his natural right of conducting himself in every thing as he pleased according to the dictates of his own understanding, and of doing himself justice. But the body of the society doesnotalways retain in its own hands this sovereign authority: it frequently intrusts it to a senate, or to a single person. That senate, or that person, is then the sovereign. It is evident that men form a political society, and submit to laws, solely for their own advantage and safety. The sovereignauthorityisthen established only for the common good of all the citizens; and it would be absurd to think that it could change its nature on passing into the hands of a senate or a monarch. Flattery therefore cannot, without rendering itself equally ridiculous and odious, deny that the sovereign is only established for the safety and advantage of society. A good prince, a wise conductor of society, ought to have his mind impressed with this great truth, that the sovereign power is solely intrusted to him for the safety of the state, and the happiness of all the people,—that he is not permitted to consider himself as the principal object in the administration of affairs, to seek his own satisfaction, or his private advantage,—but that he ought to direct all his views, all his steps, to the greatest advantage of the state and people who have submitted to him.* What a noble sight it is to see a king of England ren- * The last words of Louis VI. [[Louis the Fat, r. 1108–37]] to his son Louis VII. [[Louis VII, the Younger, r. 1137–80]] were—“Remember, my son, that royalty is but a public employment of which you must render a rigorous account to him who is the sole disposer of crowns and sceptres.” Abbé Velly’s Hist. of France, Vol. III. p. 65. Timur-Bec declared (as he often before had...