International law; Natural law; War (International law)
VIII. Though it is a rule established by the laws of nature and of
social order, and a rule confirmed by all the records of history, that
every sovereign is supreme judge in his own kingdom and over his own
subjects, in whose disputes no foreign power can justly interfere.
Yet where a Busiris, a Phalaris or a Thracian Diomede provoke their
people to despair and resistance by unheard of cruelties, having
themselves abandoned all the laws of nature, they lose the rights of
independent sovereigns, and can no longer claim the privilege of the
law of nations. Thus Constantine took up arms against Maxentius and
Licinius, and other Roman emperors either took, or threatened to take
them against the Persians, if they did not desist from persecuting the
Christians.
Admitting that it would be fraught with the greatest dangers if
subjects were allowed to redress grievances by force of arms, it
does not necessarily follow that other powers are prohibited from
giving them assistance when labouring under grievous oppressions. For
whenever the impediment to any action is of a personal nature, and not
inherent in the action itself, one person may perform for another,
what he cannot do for himself, provided it is an action by which some
kind service may be rendered. Thus a guardian or any other friend may
undertake an action for a ward, which he is incapacitated from doing
for himself.
The impediment, which prohibits a SUBJECT from making resistance, does
not depend upon the nature of the OCCASION, which would operate equally
upon the feelings of men, whether they were subjects or not, but
upon the character of the persons, who cannot transfer their natural
allegiance from their own sovereign to another. But this principle does
not bind those, who are not the liege-subjects of that sovereign or
power. Their opposition to him or the state may sometimes be connected
with the defence of the oppressed, and can never be construed into an
act of treason. But pretexts of that kind cannot always be allowed,
they may often be used as the cover of ambitious designs. But right
does not necessarily lose its nature from being in the hands of wicked
men. The sea still continues a channel of lawful intercourse, though
sometimes navigated by pirates, and swords are still instruments of
defence, though sometimes wielded by robbers or assassins.
BOOK III.
CHAPTER I.
WHAT IS LAWFUL IN WAR.
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