The Law of Nations

Chapter II - Of the mutual Commerce between Nations

chapter ii 273 The maxims laid down in this chapter,—those sacred precepts of nature ,—were for a long time unknown to nations. The ancients had no notion of any duty they owed to nations with whom they were not united by treaties of friendship.* The Jews especially placed a great part of their zeal in hating all nations; and, as a natural consequence, they were detested and despised by theminturn. Atlengththevoiceof nature came to be heard among civilised nations; they perceived that all men are brethren.† When will the happy time come that they shall behave as such? chapter ii Of the Mutual Commerce between Nations. All men ought to find on earth the things they stand in need of. In the primitive state of communion, they took them wherever they happened to meet with them, if another had not before appropriated them to his own use. The introduction of dominion and property could notdeprive menof soessential aright,andconsequentlyitcannottakeplacewithout leaving them, in general, some mean of procuring what is useful or necessary to them. This mean is commerce: by it every man may still supply his wants. Things being now become property, there is no obtaining them without the owner’s consent; nor are they usually to be had for nothing; but they may be bought, or exchanged for other thingsof equal value. Men are therefore under an obligation to carry on that commerce with each other, if they wish not to deviate from the views of nature; and this obligation extends also to whole nations or states (Prelim. §5). * To the example of the Romans may be added that of the English in former days,—since,onthe occasionof anavigatorbeingaccusedof havingcommittedsome depredations on the natives of India, “this act of injustice” (according to Grotius) “was not without advocates, who maintained, that, by the ancient laws of England, crimes committed against foreign nations, with whom there existed no public treaty of alliance, were not punishable in that kingdom.” Hist. of the Disturbances in the Low Countries, Book xvi. [[Note added in 1773/1797 editions.]] † See (§1) a fine passage of Cicero.§20. Bad custom of the ancients.§21. General obligation of nations to carry on mutual commerce. 274 book ii: nations in relation to other states It is seldom that nature is seen in one place to produce every thing necessary for the use of man: one country abounds in corn, another in pastures and cattle, a third in timber and metals, &c. If all those countries trade together, as is agreeable to human nature, no one of them will be without such things as are useful and necessary; and the views of nature, our common mother, will be fulfilled. Further, one country is fitter for some kind of products than another, as, for instance, fitter for the vine than for tillage. If trade and barter take place, every nation, on the certainty of procuring what it wants, will employ its land and its industry in the most advantageous manner; and mankind in general prove gainers by it. Such are the foundations of the general obligation incumbent on nations reciprocally to cultivate commerce. Every nation ought, therefore, not only to countenance trade, as far as it reasonably can, but even to protect and favour it. The care of the public roads,—the safety of travellers,—the establishment of ports, of places of sale, of well-regulated fairs,—all contribute to this end. And where these are attended with expense, the nation, as we have already observed (Book I. §103), may, by tolls and other duties equitably proportioned , indemnify itself for its disbursements. Freedom being very favourable to commerce, it is implied in the duties of nations, that they should support it as far as possible, instead of cramping it by unnecessary burdens or restrictions. Whereforethoseprivate privileges and tolls, which obtain in many places, and press so heavily on commerce, are deservedly to be reprobated, unless founded on very important reasons arising from the public good. Every nation, in virtue of her natural liberty, has a right to trade with those who are willing to correspond with such intentions; and to molest her in the exercise of her right is doing her an injury. The Portuguese, at the time of their great power in the East Indies, were for excluding all other European nations from any commerce with the Indians: but such a pretension, no less iniquitous than chimerical, was treated with contempt; and the other nations agreed to consider any acts of...