Government. Heb. ii, 7, 8. ion. §3. Science of He made man a little lower than the angels, crowned him with glory and honor, and set him over the works of His hands, putting all things in subjection under his feet. Thus was given to man dominion, proMan's domin- prietary right in all things of earth; and, had he continued holy, just, and good, he would probably have exercised joint dominion, using all things in common. These " sons of God," however, were not to be mere machines, but independent moral agents, capable of choosing for themselves between good and evil, right and wrong. Our first parents, the representatives of our race, when the choice was placed before them, deliberately took the evil, and violated the first command given them by GOD. Man then became a rebel against the Divine authority, and a system of Government must be framed suited to his fallen condition. His character was changed; and, instead of being governed by the law of GOD, seeking in all things the highest glory of GOD, the best good of his fellow, selfishness became the predominant trait. Man's fall. HOOKER'S Nature teaches law. Man obliged in a state of nature. lished that States must ment. The judicious Hooker remarks: That which hitherto we have set down is (I hope) sufficient to shew their brutishness, which imagine that religion and virtue are only as men will account of them; that we might make as much account, if we would, of the contrary, without any harm unto ourselves, and that in nature they are as indifferent one as the other. We see then how nature itself teacheth laws and statutes to live by. The laws which have been hitherto mentioned do bind men absolutely even as they are men, although they have never any settled fellowship, never any solemn agreement amongst themselves States estab- what to do or not to do. But forasmuch as we are not by ourselves sufficient to furman could at- nish ourselves with competent store of things needful for such a life as our nature doth tain his high- desire, a life fit for the dignity of man; therefore, to supply those defects and imperest dignity. fections which are in us, living single and solely by ourselves, we are naturally induced to seek communion and fellowship with others.' This was the cause of men's uniting have govern themselves at the first in politic societies, which societies could not be without government, nor government without a distinct kind of law from that which hath been already declared. Two foundations there are which bear up public societies; the one, a natural inclination, whereby all men desire sociable life and fellowship; the other, an order expressly or secretly agreed upon touching the manner of their union in living together. The latter is that which we call the Law of a Commonweal, the very soul of a politic body, the parts whereof are by law animated, held together, and set on Laws made for work in such actions as the common good requireth. Laws politic, ordained for external order and regiment amongst men, are never framed as they should be, unless presuming the will of man to be inwardly obstinate, rebellious, and averse from all obedience unto the sacred laws of his nature; in a word, unless presuming man to be in regard of his depraved mind little better than a wild beast, they do accordingly provide notwithstanding so to frame his outward actions, that they be no hindrance unto the common good for which societies are instituted; unless they do this, they are not perfect. It resteth, therefore, that we consider how nature findeth out such laws of government as serve to direct even nature depraved to a right end. A State's foundation, and form of government. man as sinful. Knowledge of Government of man over man would have been unnecessary, had he the fall neces- continued holy; so that the knowledge of man's creation, temptation and ly understand fall, was necessary to his understanding the end and purpose of Government, not less that relating to time than to eternity. We must know sary to proper man's government, 1 How perfectly this accords with Aristotle's sentiment, beautifully illuminated by the light of Revelation, as the reader will see in extracts following. Government. The Bible "how it is "the heart of the sons of men is full of evil, and madness is in §8. Science of their heart while they live". e"-why "the heart is deceitful above all things, and desperately wicked," to understand the necessity of man's gives this. control by law and authority. We had lost all knowledge of this, and Jer. xvii, 9. hence a Divine revelation became necessary. This we have in the BIBLE, which incidentally instructs in various subjects, but is replete with advice, direction, and laws for man's Government. The primary object is to inform us of our relations to the Ruler of the universe, and to His eternal Government; but it also teaches self-government, and how to govern each other. Indeed, the Creator has so interwoven the duties and obligations of man to himself and to his fellow with those to Deity, that they are not to be dissevered. Eccl. ix, 3. governmental With what deep concern should we regard a science that takes hold Importance of of every interest of time and of eternity, and in which we have all science. requisite instruction from the mouth of Infinite Wisdom! With what profound reverence does it become us to receive and examine those instructions, given not only by precept, but by example! To the Christian especially does this subject strongly commend itself. Investigating and applying to human government, which is more within the compass of our faculties, the principles GoD has communicated, we are led along step by step toward the great Fountain of all authority; and the study of man's finite works, unfolding the reasons upon which Sovereignty, the Right of Command, is based, helps us to comprehend more and more the propriety, wisdom, and excellence of the sway of the LORD of lords, the KING of kings, which rests not only upon His proprietary right as Creator, but upon the same principle of beneficence which justifies human Govern ment. teaches by example as well But the Framer of man understood his frailties and imperfections. The Bible Knowing that precept would have less power over us than example, we are taught also by the latter; and a record is given of early nations in as precept. the Bible, nowhere else to be found, and the value of which, in the science of International Law, we little appreciate. Of the antediluvian world, the account is short; and if any form of No Governgovernment existed, it must have become vicious, corrupt, worthless. ment before the flood. Ib. 11-13. And God saw that the wickedness of man was great in the earth, and that every Gen. vi, 5. imagination of the thoughts of his heart was only evil continually. The earth also was corrupt before GOD, and the earth was filled with violence. And God looked upon the earth, and, behold, it was corrupt; for all flesh had corrupted his way upon the earth. And God said unto Noah, The end of all flesh is come before me; for the earth is filled with violence through them; and, behold, I will destroy them with the earth. destruction ernment. They had no proper systems of Government, or the earth would not Man goes to have been filled with violence and corruption. Possibly that is the warn- without Goving example to all sentient beings existing in the myriads of worlds throughout space, of creatures left by their Creator to their own management. But whether of value to other worlds or not, it teaches us the practical lesson, that, without strong and sufficient Government to control Government. §8. Science of erring man, he goes to destruction; and though the bright bow in the summer's cloud bespeaks God's promise never more to bring a flood, we know destruction to man unrestrained, is none the less certain and irremediable. The Hebrews a Federal Republic. The Jews subjected to the Romans. Our Saviour's birth. The tenth generation from Noah, and two hundred and ninety-two years after the flood, Abram was born. His descendants GoD chose to take under His special care, and He taught them the science of government. The Old Testament abounds with instruction given this favorite people; and, considering the circumstances, we may infer that, both as to the form and as to the details, Gop designed it to be a lasting example to the world, of what He deemed the best Government for man. As we shall see in the sequel, the Confederacies of ancient Greece, and this of the United States, appear to be more like it than any other, till that wicked people chose to rebel against GOD, consolidate their States, and have a king.' The Jews became corrupt, and were enslaved to the Romans. About the same period, too, the Grecian Confederacies, torn to pieces by dissensions and wars among themselves, one after another became also subject to the empire of Rome. Amid the subjection of the Jews to the Romans, our blessed Saviour was born. Although His errand was chiefly to fulfil the plans of Deity, with reference to the spiritual Government of our race, yet the interests of time and of eternity are so identified; the influences of this hand'sbreadth of existence are so ineradicable from man's nature throughout His teachings eternal ages, that a large part of His teachings have direct reference to our duties toward each other, and particularly those relating to govern. ment. Both by precept and example did He teach entire subjection to the constituted authorities, notwithstanding His own people, and He with them, were enslaved to a foreign power; and He himself was, under Roman law, unjustly tried, condemned, and crucified, after a wicked, false, malicious, trial and condemnation by the Jewish Sanhedrim. concerning Government. His crucifixion -not under Democracy, Further should we observe, that this iniquity was perpetrated, not but Monarchy. under the form of free Government-the Right of Command in the people -as instituted by GOD for His favorite Israel, and under which Rome had risen to its great power, but, when, after seventy years of usurpation and tyranny, the Commonwealth had been changed into an Empire. In accordance with the plan of the Sovereign of the universe in the salvation of fallen man, the Son of GOD must be crucified; but Democracy, the form most nearly approaching, in its hidden mystery, that of the august 1 This is not the generally received opinion. Sidney, Lowman, and others, styled the ancient government an aristocracy, and I supposed they knew. But a careful study of the Old Testament satisfied me that each tribe was & State, and that they were united in a Federal Republic till Saul was made king. Harrington treats them as a Commonwealth, Lewis as a Republic; but calling upon Dr. Raphall, an eminent Jewish rabbi in New York, he read to me from a work of his, confirming my opinion that each tribe was an independent Democracy, the twelve constituting a Federal Republic, and he has kindly promised his aid in the interesting examination of the gov ernment of his ancient people. Chancellor Matthews, too, I find, has issued a work, in which he takes the same ground with others. majesty of Heaven, is saved from the commission of this awful crime, 4 Rise of and Monarchy is made the instrument. § 4. RISE OF MODERN INTERNATIONAL LAW. national Law. effective. Ages. tion. Our SAVIOUR'S teachings, and those of the apostles under Divine inspiration, have given new beauty, efficacy, and strength to Govern- Influence of ment; and had the principles of the Old Testament, with the meliorating the Bible not influences of the New, been properly operative on man, we should have no record like that of the Dark Ages, succeeding the fall of the Roman The Dark empire. But a mysterious Providence allowed the mind and heart of mankind to grow darker and darker for many centuries, till, in the sixteenth, The Reformathe light of the Reformation broke upon the world. All departments of knowledge felt the genial influences, and none more so than Government. The world was blessed with the beneficent rule of Elizabeth and Henry IV, though not unmixed with wrong. Toward the close of that century, The Bible the the great Bacon taught the world new principles of philosophy, based upon the eternal truths of the Christian religion. Barbeyrac, in his able paper prefaced to Pufendorf, observes: basis of the new law of nations. Posterity will be eternally obliged to him [Bacon] for the great Light and noble BARBEYBAC'S Projects he has furnished the World with; towards the general restoration and ad- opinion of Ba con-Preface vancement of the Sciences. We have reason to believe, that it was the reading of the to Pufendorf, works of this great man, that inspired Hugo Grotius with the thoughts of attempting p. 79. the first to compose a system of the Law of Nature; which he afterward undertook, at —of Grotius the solicitation of the celebrated Nicholas de Pieresc, Judge of the High Court of Parliament for Provence. 'Its pretended that Melancthon had already given a sketch of something of this kind in his Ethicks; and they tell us too of one Benedict Winckler, who published in 1615 a book entitled, Principia Juris; wherein he entirely departs from the method of the Schoolmen, and maintains against them, amongst other things, that the Will of God is the very Fountain and Foundation of all Justice. But 'its acknowledged, that the latter of these two often confounds the Law of Nature with that which is positive; and that neither the one nor the other has afforded any more than a small gleam of light; not sufficient to dissipate those thick clouds of darkness, in which the world had been so long invelop'd. Besides, Melancthon was too much prepossessed in favor of the Peripatetick Philosophy, ever to make any great progress in the knowledge of the true fundamental principles of the Law of Nature, and the right method of explaining that Science. Grotius therefore ought to be regarded as -father of the science. the first who broke the ice; and most certain it is, that no man could be better qualified for such an enterprise. Extraordinary clearness of understanding, exquisite judg- His qualificament, profound meditation, universal knowledge, prodigious reading, continual application to study in the midst of a great many vexatious obstacles, and the necessary duties of several considerable employments, with a sincere love for truth, qualifications which no one can deny properly to belong to that great man, without wronging his own judgment, and bringing his character in danger of the imputation either of base envy or gross ignorance. If (as has been very rightly observed) [in Parrhasiano, vol. i, p. 346] he was not thoroughly acquainted with the art of thinking justly; the Philosophy of his time being still very dark and obscure; he has supplied, in a great measure, that defect, by the force of his good sense. If without the help of art, he has shown so much delicacy of taste, and true discernment, what would he not have His chief done had he been entire master of the art of reasoning justly and of rightly method- work, the izing his thoughts, which is now and has been for some time, to be had? His work and Peace, Law of War was first published at Paris in 1625, and dedicated to Louis XIII. It is said he at published in 1625. first designed to have entitled it, The Law of Nature and Nations, but he chose after tions. § 4. Rise of Modern Inter national Law. Grotius' objects. He applies the Law of xviii. His uso of the wards to give it the title it now bears of The Law of War and Peace. What he had chiefly in view was, to set forth those duties which the several nations of the world, in their sovereign powers that govern them, owe one to another; and how the differences arising between them might be justly terminated. For which purpose he takes into his work the principal subject matters of natural jurisprudence and politics, and lays down also principles sufficient to establish the most considerable duties of private men. He himself owns that he is far from having exhausted so copious a subject; and wishes that others may supply what is wanting; to the end that mankind may one day be furnished with a complete system of this science. Never had book a more universal approbation. Hugh Grotius (Hugo de Groot) was born at Delft, in 1583, and died in 1645. Not only is he the father of the modern system of govern mental science, but to him is generally conceded the distinguished honor of being the first to apply to it the truths and principles of the Bible, though his great work is also supported by the wisdom of Greece and Rome, and of the early Christian writers. In his preface he ob serves: GROTIUS' proOf the authority of such books as holy men, by the afflate of God's Spirit, legomena to Rights of War have written or approved, we often make use, yet with some difference between the and Peace, P. Old and New Testament. The former is by some quoted for the very law of nature, but without doubt erroneously, for many things therein do proceed from the free will and pleasure of God, which notwithstanding is no whit repugnant to the truth of the law of nature; and so far arguments may be drawn from thence, so that we carefully distinguish that law of God, which God by men doth sometimes execute, and that which men execute among themselves. We have, as nearly as we could, avoided both this error and another contrary unto it, which is, that after the times of the New Covenant, there is no use at all to be made of the Old. As to this, we are of a contrary judgment, as well for what we have already said, as because such is the nature of the New Law, that whatsoever is commanded in the Old, appertaining to virtue and good manners, the same, or much greater, is commanded in the New, and after this manner do the ancient Christian writers make use of the testimonies drawn from the Old Testament. But to the right understanding of the sense of the Books of the Old Testament, we have no small help from the Hebrew writers, especially those who were thoroughly instructed in the language and manners of their own country. The New Testament I do also make use of, to instruct Christians in what is lawful for them to do, which cannot be elsewhere learned; which notwithstanding (contrary to what some have done) I have distinguished from the Law of Nature: Being most assured that, in that most holy Law, a greater sanctity is commanded than that which the Law of Nature doth of itself require. Neither have I omitted to observe, what is rather commended unto us than commanded, that so we may understand that to do the contrary to that which is commanded, is impiety, and renders us lyable to punishment; but eagerly to aspire to that which is most excellent, as it argues a noble and generous mind, so shall it not want its due reward. Earlier authorities. The honor due to Grotius is not to be diminished by admitting what is fairly due to others. Constantly, as these investigations have been prosecuted, has the force of Solomon's query been impressed: "Is there under the sun. any thing whereof it may be said, See, this is new? It hath been already Eccles. i, 10. of old time, which was before us." Nothing new Aristotle and Imperfectly as have the writings of Aristotle and Cicero been preserved, they yet give quite completely the fundamental principles of Government, and are in remarkable harmony with the older, more perfect, better grounded teachings of the Bible. Nor was Grotius the only one, |