International law; Natural law; War (International law)
XIV. But it will form a subject of inquiry, whether the sovereign of
the country has a right to impose duties on goods carried by land, or
upon a river or upon any part of the sea, which may form an accession
to his dominions. It would undoubtedly be unjust for any burdens
foreign to the nature of trade to be imposed upon such goods. Thus
strangers merely passing through a country would have no right to pay
a poll-tax, imposed to support the exigencies of the state. But if the
sovereign incurs expence by providing security and protection to trade,
he has a right to reimburse himself by the imposition of moderate and
reasonable duties. It is the REASONABLENESS of them, which constitutes
the justice of customs and taxes. Thus Solomon received tolls for
horses and linen that passed over the Isthmus of Syria. Pliny,
speaking of frankincense, observes that as it could not be transported
but by the Gebanites, a duty upon it was paid to their king. In the
same manner, as Strabo informs us in his fourth book, the people of
Marseilles derived great wealth from the canal which Marius had made
from the Rhone to the sea, by exacting tribute of all that sailed upon
it to and fro with vessels. In the eighth book of the same writer, we
are told that the Corinthians imposed a duty upon all goods, which, to
avoid the dangerous passage of Cape Malea, were transported by land
from sea to sea. The Romans too made the passage of the Rhine a source
of tribute, and Seneca relates that a toll was paid for going over
bridges. The works of legal writers abound in instances of this kind.
But it frequently happens that extortion is practised in these matters,
which Strabo forms into a subject of complaint against chiefs of the
Arabian tribes, concluding that it would be unlikely for men of that
lawless kind to impose upon the goods of merchants any duties that were
not oppressive.
XV. Those going with merchandise or only passing through a country,
ought to be allowed to reside there for a time, if the recovery of
health, or any other just cause should render such residence necessary.
For these may be reckoned among the innocent uses of our right.
Thus Ilioneus in Virgil calls heaven to witness the injustice of
the Africans in driving him and his shipwrecked companions from the
hospitable use of the shore, and we are informed by Plutarch in his
life of Pericles that all the Grecians approved of the complaint, which
the Megarensians made against the Athenians, who had prohibited them
from setting foot upon the soil of their territories, or carrying a
vessel into their harbours. So the Lacedaemonians regarded this as the
most sufficient grounds to justify the war.
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