One of the results of this final theory of the Reformation was the
conception, by certain devout men and great scholars, of a "law of
nature and of nations," based on revelation and reason, which was
universally prevalent, and which governed the relations of men, of
communities of states and of nations. Out of this there had then
emerged the conception which has now become common under the name of
International Law, which treats of the temporary relations between
independent states. But the conception of the 'law of nature and of
nations' was, as has been said, vastly wider than this. It was a
universal law governing all possible forms of human relationship, and
hence all possible relations between communities and states, and
therefore determining the rights of communities and states which were
in permanent relationship with one another. Based on the theory of the
equality of all men by reason of their common creation, it recognized
just public sentiment as the ultimate force in the world for
effectuating this equality, and considered free statehood as the prime
and universal requisite for securing that free development and
operation of public sentiment which was necessary in order that public
sentiment might be just.
While this philosophy of the Reformation was thus extending itself in
America, both among the Governments and the people, and in Europe
among the people, the Governments of Europe, though not recognizing
the existence of any 'law of nature and of nations' whatever, were
nevertheless acting on the basis that such a law did exist and was
based on the proposition that all men are created unequal, or that
some are created equal and some unequal. The alleged superior was
sometimes a private citizen, sometimes a noble, sometimes a monarch,
sometimes a government, sometimes a state, sometimes a nation. The
inferior was said to be "dependent" upon the superior--that is,
related to him directly and without any connecting justiciary medium,
so that the will of the superior controlled the will and action of the
inferior. It was this alleged law of nature and of nations, based on
an alleged divine or self-evident right of inequality--an inequality
arising from creation--which was the basis of the British Declaratory
Act of 1766, which may perhaps be called "The Declaration of
Dependence." In that Act, the State of Great Britain declared, (basing
itself evidently upon the law of nature and of nations, since there
was no treaty,) that the American Colonies "have been, are, and of
right ought to be, subordinate unto and dependent upon the Imperial
Crown and Parliament of Great Britain," and that the Parliament of
Great Britain "had, hath, and of right ought to have, full power and
authority to make laws and statutes of sufficient force and validity
to bind the Colonies and people of America subjects of the Crown of
Great Britain, in all cases whatsoever." The expression "of right
ought to have" clearly meant "has by the law of nature and of
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