Charles Sumner: his complete works, volume 19 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 19 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The equality of nations, like the equality of men, was recognized
tardily, under the growing influence of civilization. Not to the
earlier writers, not even to the wonderful Grotius, whose instinct for
truth was so divine, do we repair for the elucidation of this undoubted
rule. Our Swiss teacher, Vattel, prompted, perhaps, by the experience
of his own country, surrounded by more powerful neighbors, was the
first to make it stand forth in its present character. His words, which
are as remarkable for picturesque force as for juridical accuracy,
state the whole case:--
“Nations composed of men, and considered as so many free
persons living together in the state of Nature, are naturally
equal, and inherit from Nature the same obligations and
rights. Power or weakness does not in this respect produce
any difference. A dwarf is as much a man as a giant; a small
republic is no less a sovereign state than the most powerful
kingdom. By a necessary consequence of that equality, whatever
is lawful for one nation is equally lawful for any other, and
whatever is unjustifiable in the one is equally so in the
other.”[67]
Later authorities have followed this statement, with some slight
variety of expression, but with no diminution of its force. One of the
earliest to reproduce it was Sir William Scott, in one of his masterly
judgments, lending to it the vivid beauty of his style:--
“A fundamental principle of Public Law is the perfect equality
and entire independence of all distinct states. Relative
magnitude creates no distinction of right; relative imbecility,
whether permanent or casual, gives no additional right to the
more powerful neighbor; and any advantage seized upon that
ground is mere usurpation. This is the great foundation of
Public Law, which it mainly concerns the peace of mankind,
both in their politic and private capacities, to preserve
inviolate.”[68]
The German Heffter states the rule more simply, but with equal force:--
“Nations, being sovereign or independent of each other, treat
together on a footing of complete equality. The most feeble
state has the same political rights as the strongest. In other
terms, each state exercises in their plenitude the rights which
result from its political existence and from its participation
in international association.”[69]
The latest English writers testify likewise. Here are the words of
Phillimore:--
“The natural equality of states is the necessary companion
of their independence,--that primitive cardinal right upon
which the science of International Law is mainly built.… They
are entitled, in their intercourse with other states, to all
the rights incident to a natural equality. No other state is
entitled to encroach upon this equality by arrogating to itself
peculiar privileges or prerogatives as to the manner of their
mutual intercourse.”[70]
Public-domain text, read in full here on John Shaqi.
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