International law; Natural law; War (International law)
Now as property may be acquired by what has been already styled just
war, by the same means the rights of sovereignty may be acquired. Nor
is the term sovereignty here meant to be applied to monarchy alone,
but to government by nobles, from any share in which the people are
excluded. For there never was any government so purely popular, as not
to require the exclusion of the poor, of strangers, women, and minors
from the public councils. Some states have other nations under them,
no less dependent upon their will, than subjects upon that of their
sovereign princes. From whence arose that question, Are the Collatine
people in their own power? And the Campanians, when they submitted
to the Romans, are said to have passed under a foreign dominion. In
the same manner Acarnania and Amphilochia are said to have been under
the dominion of the Aetolians; Peraea and Caunus under that of the
Rhodians; and Pydna was ceded by Philip to the Olynthians. And those
towns, that had been under the Spartans, when they were delivered from
their dominion, received the name of the free Laconians. The city of
Cotyora is said by Xenophon to have belonged to the people of Sinope.
Nice in Italy, according to Strabo, was adjudged to the people of
Marseilles; and the island of Pithecusa to the Neapolitans. We find in
Frontinus, that the towns of Calati and Caudium with their territories
were adjudged, the one to the colony of Capua, and the other to that
of Beneventum. Otho, as Tacitus relates, gave the cities of the Moors
to the Province of Baetia. None of these instances, any more than the
cessions of other conquered countries could be admitted, if it were a
received rule that the rights of sovereigns are under the controul and
direction of subjects.
Public-domain text, read in full here on John Shaqi.
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