International law; Natural law; War (International law)
Nor is the assumption true, that all kings are made by the people,
as may be plainly seen from the instances adduced above, of an owner
admitting strangers to reside upon his demesnes on condition of their
obedience, and of nations submitting by right of conquest. Another
argument is derived from a saying of the Philosophers, that all
power is conferred for the benefit of the governed and not of the
governing party. Hence from the nobleness of the end, it is supposed
to follow, that subjects have a superiority over the sovereign. But it
is not universally true, that all power is conferred for the benefit
of the party governed. For some powers are conferred for the sake
of the governor, as the right of a master over a slave, in which
the advantage of the latter is only a contingent and adventitious
circumstance. In the same manner the gain of a Physician is to reward
him for his labour; and not merely to promote the good of his art.
There are other kinds of authority established for the benefit of
both parties, as for instance, the authority of a husband over his
wife. Certain governments also, as those which are gained by right
of conquest, may be established for the benefit of the sovereign;
and yet convey no idea of tyranny, a word which in its original
signification, implied nothing of arbitrary power or injustice, but
only the government or authority of a Prince. Again, some governments
may be formed for the advantage both of subjects and sovereign, as
when a people, unable to defend themselves, put themselves under
the protection and dominion of any powerful king. Yet it is not to
be denied, but that in most governments the good of the subject is
the chief object which is regarded: and that what Cicero has said
after Herodotus, and Herodotus after Hesiod, is true, that Kings were
appointed in order that men might enjoy complete justice.
Now this admission by no means goes to establish the inference that
kings are amenable to the people. For though guardianships were
invented for the benefit of wards, yet the guardian has a right to
authority over the ward. Nor, though a guardian may for mismanagement
be removed from his trust, does it follow that a king may for the same
reason be deposed. The cases are quite different, the guardian has
a superior to judge him; but in governments, as there must be some
dernier resort, it must be vested either in an individual, or in some
public body, whose misconduct, as there is no superior tribunal before
which they can be called, God declares that he himself will judge. He
either punishes their offences, should he deem it necessary; or permits
them for the chastisement of his people.
Public-domain text, read in full here on John Shaqi.
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