International law; Natural law; War (International law)
From the Jewish, as well as the Roman Law, it appears that any one
might engage himself in private servitude to whom he pleased. Now if
an individual may do so, why may not a whole people, for the benefit
of better government and more certain protection, completely transfer
their sovereign rights to one or more persons, without reserving any
portion to themselves? Neither can it be alleged that such a thing is
not to be presumed, for the question is not, what is to be presumed
in a doubtful case, but what may lawfully be done. Nor is it any
more to the purpose to object to the inconveniences, which may, and
actually do arise from a people's thus surrendering their rights. For
it is not in the power of man to devise any form of government free
from imperfections and dangers. As a dramatic writer says, "you must
either take these advantages with those imperfections, or resign your
pretensions to both."
Now as there are different ways of living, some of a worse, and some
of a better kind, left to the choice of every individual; so a nation,
"under certain circumstances, WHEN for instance, the succession to the
throne is extinct, or the throne has by any other means become vacant,"
may chuse what form of government she pleases. Nor is this right to be
measured by the excellence of this or that form of government, on which
there may be varieties of opinion, but by the will of the people.
There may be many reasons indeed why a people may entirely relinquish
their rights, and surrender them to another: for instance, they may
have no other means of securing themselves from the danger of immediate
destruction, or under the pressure of famine it may be the only
way, through which they can procure support. For if the Campanians,
formerly, when reduced by necessity surrendered themselves to the Roman
people in the following terms:--"Senators of Rome, we consign to your
dominion the people of Campania, and the city of Capua, our lands,
our temples, and all things both divine and human," and if another
people as Appian relates, offered to submit to the Romans, and were
refused, what is there to prevent any nation from submitting in the
same manner to one powerful sovereign? It may also happen that a master
of a family, having large possessions, will suffer no one to reside
upon them on any other terms, or an owner, having many slaves, may give
them their liberty upon condition of their doing certain services, and
paying certain rents; of which examples may be produced. Thus Tacitus,
speaking of the German slaves, says, "Each has his own separate
habitation, and his own household to govern. The master considers him
as a tenant, bound to pay a certain rent in corn, cattle, and wearing
apparel. And this is the utmost extent of servitude."
Public-domain text, read in full here on John Shaqi.
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