But in order to say something more particular concerning this subject, let us observe, that the natural state of nations, in respect to each other, is that of society and peace. Hence the general principle of the law of nations is nothing more, than the general law of sociability, which obliges all nations, that have any intercourse with one another, to practise those duties, to which individuals are naturally subject. These remarks may serve to give us a just idea of that art, so necessary to the directors of states, and distinguished commonly by the name of Polity . The Reason of state , so often alledged to justify the proceedings or enterprises of princes, cannot really be admitted for this end, but inasmuch as it is reconcileabie with the common interest of nations, or, which amounts to the same thing, with the unalterable rules of sincerity, justice, and humanity. But it has been justly observed that this pretended law of nations, contradistinct from the law of nature, and invested nevertheless with a force of obliging, whether the people consent to it or not, is a supposition destitute of all foundation.
All nations are with regard to one another in a natural independence and equality.
If there be therefore any common law between them, it must proceed from God their common sovereign. As for what relates to customs, established by an express or tacit consent among nations, these customs, are neither of themselves, nor universally, nor always obligatory. For, from this only, that several nations have acted towards one another for a long time after a particular manner in particular cases, it does not follow, that they have laid themselves under a necessity of acting always in the same manner for the time to come, and much less, that other nations are obliged to conform to those customs. Again, those customs are so much less capable of being an obligatory rule of themselves, as they may happen to be bad or unjust. The profession of a corsair or pirate was, by a kind of consent, esteemed a long while lawful between nations, that were not united by alliance or treaty.