The first voyage round the world, by Magellan : $b translated from the accounts of Pigafetta, and other contemporary writersPigafetta, Antonio
History
The first voyage round the world, by Magellan : $b translated from the accounts of Pigafetta, and other contemporary writers
Pigafetta, Antonio
Magalhães, Fernão de, -1521; Voyages around the world -- Early works to 1800
There seems to be some inconsistency on the part of those who refuse
to admit of disnaturalisation, yet at the same time maintain that
rebellion can be justified. If there is a justification of rebellion,
the right of expatriation, or of withdrawal from amongst those
who provoke rebellion, must exist; and there can be no doubt that
the peaceable withdrawal of those who are oppressed or injured is
preferable in the interests of all to armed insurrection. Even Bishop
Osorio and Mariana would probably admit that the disnaturalisation of
Prim and Serrano would have been better than their treason, which has
plunged Spain in anarchy and bloodshed for so many years.[3] Rebellions
have almost always been conducted by minorities; and as their
justification does not depend upon the numerical importance of those
engaged in them, it would follow that in the case of disnaturalisation,
where numbers are not requisite, as in the case of armed insurrection,
the right would exist equally even if the minority consisted only of
one.
There are some writers on the Law of Nations, with whom I am agreed
in general, who disapprove of the Naturalisation and Disnaturalisation
Act of the Session of 1869. I am compelled to differ from them with
respect to that measure, for the foregoing reasons, and also because
it seems to me that they have lost sight of another circumstance
which affects the question. So long as kingly power was a reality,
personal allegiance and duty to the sovereign was a reality also.
But now that modern innovation and corruption have substituted the
rule of majorities for the kingly power, the feeling of the personal
duty of the subject is almost lost; and the subject, or citizen, has
become only one of an aggregation of individuals, or of an association
of persons with equal rights; and each member of such an association
has clearly the right to choose whether he will form part of it or
not: so that whatever rights of expatriation may have existed in the
times of Magellan, Grotius, and Vattel, have become much stronger at
the present time, when the conscience of the subject is no longer
considered by some as held bound by duty to the sovereign, who has
become almost impersonal: instead of loyalty and fealty, we have the
duty of fair dealing as between partners and associates on equal terms,
as is exemplified by the argumentation of Condorcet in the passage
quoted above. That this view is in accordance with the common sense
and consent of mankind is shown by the general repudiation of the
pretension of the northern portion of the United States to term the
secession of the southern states a rebellion; and this pretension was
seen to be especially illogical on the part of those who had repudiated
the name of rebels when they departed from the duty of obedience to
their lawful sovereign.
Public-domain text, read in full here on John Shaqi.
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