The freedom of the seas : $b or, The right which belongs to the Dutch to take part in the East Indian tradeGrotius, Hugo
Philosophy
The freedom of the seas : $b or, The right which belongs to the Dutch to take part in the East Indian trade
Grotius, Hugo
Freedom of the seas; Law of the sea
Non perplexam, non intricatam movemus quaestionem. Non de ambiguis in
religione capitibus, quae plurimum
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These two tribunals are open to those who are debarred from all
others; to these the powerless appeal; in them are defeated those
who are wont to win by might, those who put no bounds to their
presumption, those who consider cheap anything bought at the price
of human blood, those who defend injustice by injustice, men whose
wickedness is so manifest that they must needs be condemned by the
unanimous judgment of the good, and cannot be cleared before the bar
of their own souls.
To this double tribunal we bring a new case. It is in very truth no
petty case such as private citizens are wont to bring against their
neighbors about dripping eaves or party walls; nor is it a case such
as nations frequently bring against one another about boundary lines
or the possession of a river or an island. No! It is a case which
concerns practically the entire expanse of the high seas, the right
of navigation, the freedom of trade!! Between us and the Spaniards
the following points are in dispute: Can the vast, the boundless
sea be the appanage of one kingdom alone, and it not the greatest?
Can any one nation have the right to prevent other nations which
so desire, from selling to one another, from bartering with one
another, actually from communicating with one another? Can any nation
give away what it never owned, or discover what already belonged to
some one else? Does a manifest injustice of long standing create a
specific right?
In this controversy we appeal to those jurists among the Spanish
themselves who are especially skilled both in divine and human law;
we actually invoke the very laws of Spain itself. If that is of no
avail, and those whom reason clearly convicts of wrong are induced
by greed to maintain that stand, we invoke your majesty, ye Princes,
your good faith, ye Peoples, whoever and wherever ye may be.
It is not an involved, it is not an intricate question that I am
raising. It is not a question of ambiguous points of
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habere videntur obscuritatis, quae tantis tam diu animis decertata,
apud sapientes hoc fere certum reliquerunt, nusquam minus inveniri
veritatem quam ubi cogitur assensus. Non de statu nostrae
reipublicae, et libertate armis haud parta sed vindicata; de qua
recte statuere ii demum possunt qui iura patria Belgarum, mores
avitos, et institutum non in leges regnum, sed ex legibus principatum
accurate cognoverint, in qua tamen quaestione aequis iudicibus
extremae servitutis depulsa necessitas, subtilius inquirentibus
decreti* tot nationum publica auctoritas, infensis etiam et malevolis
adversariorum confessio nihil dubitandum reliquit.
* [decreta (?); decreti is the reading of the 1633 and 1720 texts].
Public-domain text, read in full here on John Shaqi.
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