International law; Natural law; War (International law)
I. The rights accruing from the law of Nations are the points next to
be considered, which may be referred either to wars in GENERAL, or to
those of a PARTICULAR description.
Wars in GENERAL are those, which properly first come under notice.
By the LITERAL law of nature, no one is bound by the actions of
another, except the person, who succeeds to his property. For the
introduction and establishment of property introduced and established
also the power of transferring it with all its incumbrances. The
Emperor Zeno however pronounces it repugnant to natural justice for
one man to be molested for the debts of another. A principle, which
gave rise to the distinctions in the Roman law, that the wife could
not be sued for her husband, nor the husband for his wife, nor a son
for his father, nor a father or mother for their son. Nor, as Ulpian
clearly states it, could individuals be answerable for the debts of
the community, and more especially if that community be possessed of
property. Indeed if that were not the case individuals could only
be obliged to contribute their due proportion, as members of that
community.
Seneca says, "if any one lends money to my country, I am not to be
considered as his debtor, nor to take the debt upon myself, though I am
bound to pay my due proportion of it." There was a special provision
made in the Roman law, that one peasant should not be bound for the
debts of another, and it is laid down as a rule, that the goods of
one person shall not be distrained for the debts of another, even if
they be public debts; and in Justinian's Novels, pledges for others are
forbidden, and the cause assigned for it is, because it is unreasonable
that one person should incur the debt, and another be bound to the
payment of it, an exaction to which the name of ODIOUS is given. King
Theodoric Cassiodor, calls it a shocking licence for one man to be
detained as a pledge for another.
II. Although in the preceding observations there may be a great deal of
truth, yet it is possible, and indeed appears actually to be the case,
that the voluntary law of nations introduced the practice of rendering
all the corporeal, and incorporeal property, belonging to the subjects
of any state or sovereign, liable to the debts, which that state or
sovereign may have incurred, either personally, or by refusing to make
such reparation, as may be due for the injuries and aggressions, which
they have committed.
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