Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-01

less reader. "Sinee" says that a'Hnor'
"a nation is obliged to preserve itself, 1t
has a right to every thing necessary for its
preservation. For the law OF nature gives
us a right to every thing, without which we
could not fulfil our obligation otherwise
it would oblige US to do impossibilities,
or rather would contradict itself. in pre-
scribing a duty, and prohibiting at the
same time the only means Of fulfilling It."
Hampden has been caught by the words
necessary, without which, and "only
MEANS" in the foregoing passage, which
he has marked in italics or capitals, SO as
to give them weight not given by the au-
thor. and has inferred from them, and o.
Their passages in the same book. that what
he denominates the incidental power, is
limited to things strictly necessary" o"
"without which" the obligation could nsst
be fulfilled and in no case, he says, us
latitude allowed, as extensive as that
claimed by the supreme court"
The great and obvious error Of Hamp-
den consists in this. He converts an at
6rmative into negative proposition. He
converts declaration Of Vattel, that>a ma.
ton has natural right to do certain things,
into declaration that a nation has no ma
tural right to do other things. But for this,
| could not ask stronger passage to show
that the terms on which Hampden relics,
are employed ia very different sense
from that in which he understands them.
"a nation" says Vattel, "has right to
every thing necessary for its preservation
Will any man seriously contend that the
rights of nation are limited to those acts
which are necessary for its preservation,
in the sense affixed by Hampden to the
term necessary. May it not pass the
bounds of strict necessity, in order to con-
suit or provide for its happiness, its con.
venience, its interest, its power ? "The
law of nature,'' says vattel, ''gives
right to every thing without which we
could not fulfil an obligation" But does
it inhibit every thing else ? lift does. then
our obligations are sufficiently broad and
latitudinous to cover the whole extent OF
human policy and human action.
"A nation" says Vattel, in the same
page, speaking Of the destruction of
state, "has right TO every thing which
can secure it from such a threatening dan
ger, and to keep at distance whatever is
capable OF causing its ruin" There is
plainly no difference between that which
a nation may do tor its preservation, and
that which il may do to prevent its ruin.
It's a continuation of the same subject;
the author means to convey the same SEN
timent the change of phraseology is
merely casual and it is Obvious that tn
restrictive terms used in the passage quot
ed by Hampton. are employed in such
mitigate d sense, as to have the same signi-
cation with the broader words subsequent
" used on the same subject. In the whole,
the author plsinly recognizes the right &C
knowledged and acted upon by all the
world, of nation to exercise all its fore
sight, its policy, and its means, tor its
own security and of the necessity OF re-
sorting 10 those means, it is the sole judge.
certainly do net perceive the applica-
ton Of these paragraphs, but they are
pressed into the service by Hampden.
We are also referred to passage in Vat
tel. which respects tacit or implied en-
gagements. | shall quote it rather more
at large than we find it in Hampden.-
"Taclt faith" says that author, us found
ed on tacit consent, and tacit consent is
ibat which is deduced by just conse-
auence from the steps taken by any one.
Thus all tina, is included, as Grotius says,
in The nature of certain acts on which an
argument is made, is tacity comprehend
ed in the convention or, in other words,
every thing ithout which what is agreed
cannot take psce, is tacitly granted
Several examples of the rule are then
given a., the allowance of provisions TO
ALI army which has stipulated for permits
sion to returh home in safety and the Sc
curty which is tacltly promised to an ene-
my who demands or accepts al interview.
Iacquiesce implicitly in the rule as laid
down by Falte aud by Grotius. wish 10
extend tacit consent no farther than 10 thai |
which is deduCed 10y just consequence
from the steps taken by any one nor TO |