The greatest part of the states of Europe at present look upon this right of maintaining the balance of power, as a right that belongs to dicta.
It is for politicians to determine when this balance is in danger, and to point out the means of re-establishing it ; the history of Europe proves how many vicissitudes it has undergone since the beginning of the sixteenth century.
4. The principle treated of in the last section, may au thorise the powers of a certain part of Europe to oppose immoderate mmoderate aggrandizement of any state among them. Hence the system for maintaining a balance of power among the eastern powers of Europe, among those of the West, or those of the north ; among the states of Germa ny, or those of Italy ; among the Europeans in America, &c. The same principle may be applied to commerce, and more particularly to navigation ; but it never can be carried so far, as to hinder a state from extending its com merce by lawful means, or from augmenting the number of its vessels of war, at least while it does not abuse its power by exercising or extending an usurped empire over the seas.
5. Every free sovereign state has a right to form with other powers whatever treaties may appear to be condu cive to its interests, provided such treaties do not violate the rights of another. Foreign powers cannot force a trea ty upon a free state, nor can they dispose of its rights by treaties made between themselves.
This liberty is reciprocahy acknowledged by all the pow ers of Europe, as far as the theory goes ; but, in practice, first, Modern history furnishes examples enough of a com bination of powers having forced independent states to ac cede, against their w ill, to treaties made by the combination, and even of their having put such states among the con tracting parties, without designing to consult them before hand. Second, In surveying the weaker states of Europe, we see that they arc far from being able to exercise that liberty in relation to treaties, which the universal law of nations attributes to them ; and that there are but too many of these little states, which, enjoying a nominal indepen dence, are really dependent on their too powerful neigh bours. Third, Sometimes it happens that nations have themselves contracted their liberty of making treaties, by treaties they have already made with other powers ; and the demi-sovereign states are subjected to certain laws, which sometimes act as restraints on their liberty of mak ing treaties.
1. The commerce carried on with foreign nations being one of the most efficacious means of augmenting the ease, the riches, and power of a nation, it is of the first impor tance to examine what are the rights of nations with res pect to it. External commerce, that is, the commerce be
tween nation and nation, has several branches. It consists in selling the superfluity ; in purchasing articles of neces sity, as well productions as manufactures ; in buying from one nation and selling to another ; or in transporting the merchandise from the seller to the buyer, to gain the freight.
2. Men being by nature obliged to assist each other re ciprocally, there exists a sort of general obligation on them to carry on commerce with each other. This obligation, however, is only an imperfect one ; it does not go to hinder a nation to consult its interests, in the adoption of certain conditions or restrictions in the commerce that it finds con venient to carry on. Suppose even that one nation has, for a long series of years, carried on commerce with another, it is not obliged to continue so to do, if there are no treaties or agreements which require it. Still less can one nation oblige another to trade with it alone. It is permitted to promise one nation not to trade with such or such other nation; hut, this case excepted, if tw o nations think proper to trade with each other, a third has no right v, hatever to hin der it. In this sense, the liberty of commerce is mable to perfect natural right.
Generally speaking, the commerce of Europe is so far free, that no nation refuses positively and entirely to permit the subjects of another nation, when even there is no treaty existing between them, to trade with its possessions, in or out of Europe, or to establish themselves in its territory for that purpose. A state of war I'm ms here a natural excep tion. However, as long as there is no treaty existing, every state retains its natural right to lay on such commerce whatever restriction it pleases. A nation is, then, fully authorized, first, To prohibit the entry or exportation of certain merchandises. Second, To institute customs, and to augment them at pleasure. Third, To prescribe the manlier in which commerce with its dominions shall be carried on. Fourth, To point out the places where it shall be carried on, or to exempt from it certain parts of its do minions. Fifth, To exercise freely its sovereign power over the foreigners living in its territories. Sixth, To make whatever distinctions between the nations with whom it trades it may find conducive to its interests.