Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-08-23

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are entirely superseded, and when ever
one will be called upon, or permitted, {
advance what he pleases, it will he first NJ
cessary to forget that these books, or an
others OF the same kind have ever bee
read or HAT they cxis, and the laws q
nations may be then assimilated to tn
passions, feelings aud general interests O
all mankind, as we'll as To the grand view
which will be. unfoldcd by the new diyi
sions of Europe.
Hofne politicians anticipate, that all tn,
continental states of Europe will es,a
blish general federation, which vii
guaranteed the rights of privileges CT eacl
other. II this should be done there is nc
doubt that the tights and privilege:
Of commerce will be accurately deEnea
and whether the new code may be called
the laws of nations, or the compact OF fe.
dera!ive states, the effect will be the
same. Twill be based upon new data
and nothing in the shape OF authority viii
be taken from any of The most respecsa.
Die bnaks. Bynkershoek, Gro;ius, Puffen.
dor!, atiel, Martens, Sc will be consIen.
ga TO OBLIVION, ard no more will be refer
ed 10 or relied upon as established autho.
rites because The rules or laws will be
reduced 10 certainty---will be printed and
puo.Ished In all languages, so that every
maaewho can read, may al an easy rate
know whs; are his jus; rights in relation
10 Questions, aud Situations which have
long puzzled men OF the greatest talsnIs
and nosl profound learning.
bntgalier all which any CT these or any
OF their commentators, or disciples can
DO 1t returns 10 this, that there rs not any
established national laws, and therefore
the'"ritsrs oil ali degrees have endeayor.
ca 10 support themselves by the authority
OF treaties that IS, by such bargains as ma.
Ions, either In a slate ut war Or peace,
nave usually made with each ether. Now
as every body knows that bargain inn
plies perfect freedom 10 acl, me very
acs oil bargaining or making treaty,
shewS that there were no., al the time of
making the treaty any fixed principles
or general, national and natural law, 10
which the bargaining CT treaty making
nations might AT once resort because II
There had been such a code, il would be
on!y necessary for nations at peace to &C.
hno"iedGe IT'S lns!ce and promise 10 pre-
serve It's prescrpis. Or, If they were al
war, 10 make a simple declaration that
The war had ceased, and after settling local
or other Incidental ques,Ionsto put them.
selves under the rules OF the general code.
Nothing like this has ever happened.
and therefore it is IN vain 10 refer TO, and
seem TO rely upon, what neither ever did
exist, or Tor the establishment whereof
Il proven effort has ever been made. So Ear
from IL, the abiest aud most resheGlrd Of
all these writers cndeavor 40 bolster
themselves by treaties; thus tactiy adj
nii'ing that these writings neither are,
nor deserve TO be relied upon, as ealabliyh
ed authorities. has brings Us TO enquire,
what are treaties, and wherefore U,ade. :?
Inc answer is short aud plan. treaties
are manifestations of points Yielded aud
conceded by one nation 10 another some.
times rciinquishing territorial and al Of her
times other species OF CLAIMS. MANY
treaties are made by feeble nations, favor.
ing those who either have oppressed or have
the lower of depressing. BY these means
and from these causes, advantages favor
ing The strong nations are yielded, such
as would not have been yielded, II The
weaker nations had sufficient strength 10
oppose the stronger and insist upon bel
Ter bargain.
III tins be so, is ii reasonable 10 expe6
that a rule or datum exacled and weld
ed at the point OF bayonst, or under i'm.
POROUS circumstances, because il is in
corporaled into an Instrument of WRITING
called treaty, should acquire thereby
| more responsibility in reluion to other
nations, than If it had not been Thought
OF. 1t laws for other disinteres,ed nati.
oBs should be patched Together in this
way, succeeding Nations in little time
would have nothing TO do but 10 read trea
les--snd the concessions of = few Ee.b,e
and trembling states would operate 10 des.
troy and circumscribe the fair, Just and
reasonable claims, and privileges of ali
other succeeding states, whether bower
iul or not. Such doctrine appears TO he
too ridiculous for serious reiutation. and
yet IT must be opposed, because men have
given weigh, and celebrity, to the writings
OF certain book makers, who n.ye bun,
up their works upon these, and no other
foundations and authorities.
The latitude which will be afforded Inv
these arguments is well calculated 10 give