§ I.

National Rights — Natural Rights — Public Rights.

I know no better way of commencing this subject than with the verses of Ariosto, in the second stanza of the 44th canto of the “Orlando Furioso,” which observes that kings, emperors, and popes, sign fine treaties one day which they break the next, and that, whatever piety they may affect, the only god to whom they really appeal, is their interest:

Fan lega oggi re, papi et imperatori

Doman saran nimici capitali:

Perche, qual l’apparenze esteriori,

Non hanno i cor, non han gli animi tali,

Che non mirando al torto piu che al dritto.

Attendon solamente al lor profitto.

If there were only two men on earth, how would they live together? They would assist each other; they would annoy each other; they would court each other; they would speak ill of each other; fight with each other; be reconciled to each other; and be neither able to live with nor without each other. In short, they would do as people at present do, who possess the gift of reason certainly, but the gift of instinct also; and will feel, reason, and act forever as nature has destined.

No god has descended upon our globe, assembled the human race, and said to them, “I ordain that the negroes and Kaffirs go stark naked and feed upon insects.

“I order the Samoyeds to clothe themselves with the skins of reindeer, and to feed upon their flesh, insipid as it is, and eat dry and half putrescent fish without salt. It is my will that the Tartars of Thibet all believe what their dalai-lama shall say; and that the Japanese pay the same attention to their dairo.

“The Arabs are not to eat swine, and the Westphalians nothing else but swine.

“I have drawn a line from Mount Caucasus to Egypt, and from Egypt to Mount Atlas. All who inhabit the east of that line may espouse as many women as they please; those to the west of it must be satisfied with one.

“If, towards the Adriatic Gulf, or the marshes of the Rhine and the Meuse, or in the neighborhood of Mount Jura, or the Isle of Albion, any one shall wish to make another despotic, or aspire to be so himself, let his head be cut off, on a full conviction that destiny and myself are opposed to his intentions.

“Should any one be so insolent as to attempt to establish an assembly of free men on the banks of the Manzanares, or on the shores of the Propontis, let him be empaled alive or drawn asunder by four horses.

“Whoever shall make up his accounts according to a certain rule of arithmetic at Constantinople, at Grand Cairo, at Tafilet, at Delhi, or at Adrianople, let him be empaled alive on the spot, without form of law; and whoever shall dare to account by any other rule at Lisbon, Madrid, in Champagne, in Picardy, and towards the Danube, from Ulm unto Belgrade, let him be devoutly burned amidst chantings of the ‘Miserere.’

“That which is just along the shores of the Loire is otherwise on the banks of the Thames; for my laws are universal,” etc.

It must be confessed that we have no very clear proof, even in the “Journal Chrétien,” nor in “The Key to the Cabinet of Princes,” that a god has descended in order to promulgate such a public law. It exists, notwithstanding, and is literally practised according to the preceding announcement; and there have been compiled, compiled, and compiled, upon these national rights, very admirable commentaries, which have never produced a sou to the great numbers who have been ruined by war, by edicts, and by tax-gatherers.

These compilations closely resemble the case of conscience of Pontas. It is forbidden to kill; therefore all murderers are punished who kill not in large companies, and to the sound of trumpets; it is the rule.

At the time when Anthropophagi still existed in the forest of Ardennes, an old villager met with a man-eater, who had carried away an infant to devour it. Moved with pity, the villager killed the devourer of children and released the little boy, who quickly fled away. Two passengers, who witnessed the transaction at a distance, accused the good man with having committed a murder on the king’s highway. The person of the offender being produced before the judge, the two witnesses — after they had paid the latter a hundred crowns for the exercise of his functions — deposed to the particulars, and the law being precise, the villager was hanged upon the spot for doing that which had so much exalted Hercules, Theseus, Orlando, and Amadis the Gaul. Ought the judge to be hanged himself, who executed this law to the letter? How ought the point to be decided upon a general principle? To resolve a thousand questions of this kind, a thousand volumes have been written.

Puffendorff first established moral existences: “There are,” said he, “certain modes which intelligent beings attach to things natural, or to physical operations, with the view of directing or restraining the voluntary actions of mankind, in order to infuse order, convenience, and felicity into human existence.”

Thus, to give correct ideas to the Swedes and the Germans of the just and the unjust, he remarks that “there are two kinds of place, in regard to one of which, it is said, that things are for example, here or there; and in respect to the other, that they have existed, do, or will exist at a certain time, as for example, yesterday, to-day, or to-morrow. In the same manner we conceive two sorts of moral existence, the one of which denotes a mo............