International law; Natural law; War (International law)
XIII. It is upon the same foundation of common right, that a free
passage through countries, rivers, or over any part of the sea, which
belongs to some particular people, ought to be allowed to those, who
require it for the necessary occasions of life; whether those occasions
be in quest of settlements, after being driven from their own country,
or to trade with a remote nation, or to recover by just war their lost
possessions. The same reason prevails here as in the cases above named.
Because property was originally introduced with a reservation of that
use, which might be of general benefit, and not prejudicial to the
interest of the owner: an intention evidently entertained by those,
who first devised the separation of the bounteous gifts of the creator
into private possessions. There is a remarkable instance of this in the
Mosaic history, when the leader of the children of Israel required a
free passage for that people, promising to the King of Edom, and to the
King of the Amorites, that he would go by the highway, without setting
a foot upon the soil of private possessions, and that the people should
pay the price of everything, which they might have occasion to use.
Upon these equitable terms being rejected, Moses was justified in
making war upon the Amorites. Because, says Augustin, an inoffensive
passage, a right interwoven with the very frame of human society, was
refused. The Greeks under the command of Clearchus, said, "we are upon
the way to our home, if no one interrupt us; but every attempt to
molest us, we are, with the assistance of heaven, determined to avenge."
Not unlike this answer of the soldiers under Clearchus is the question
put to the different nations of Thrace by Agesilaus, who desired to
know whether they wished him to pass through their country as a friend,
or as an enemy. When the Boeotians hesitated upon some propositions
made to them by Lysander, he asked them whether they intended that he
should pass with erected or inclined spears, meaning by the expression
in a hostile or a quiet manner. We are informed by Tacitus, that the
Batavians, as soon as they came near the camp at Bonn, sent a message
to Herennius Gallus, importing that "they had no hostile design; that
if not obstructed, they would march in a peaceable manner; but if they
met with opposition they would cut their way sword in hand." When
Cimon in carrying supplies to the Lacedaemonians, had marched with his
troops through some part of the Corinthian district, the Corinthians
expostulated upon his conduct as a violation of their territory,
because he had done it without asking their leave, at the same time
observing, that no one knocks at another man's door, or presumes to
enter the house without obtaining the master's leave. To whom he
replied, you never knocked at the gates of Cleone and Megara, but broke
them down, believing, I suppose, that no right ought to withstand the
force of the mighty.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account