OF THE INTERNAL CONSTITUTION OF A STATE, AS FAR AS IT RELATES TO FOREIGN POWERS AND THEIR SUB JECTS.
t. The internal constitution of a state rests, in general, on these two points: viz. On the principles adopted with respect to him or them in whose hands the sovereign power is lodged, not only at present, but for the future also; and on those adopted with respect to the manner in which this sovereign power is to be exercised. Both these depend on the will of the state, foreign nations having no right to interfere in arrangements which are purely domes tic. flowerer, there are some exceptions to this rule. In case a dispute should arise concerning either of the points above mentioned, a foreign power may, first, Offer it9 good offices, and interpose them, if accepted ; second, If called in to the aid of that of the two parties which has jus tice on its side, it may act coercively; third, It may have a right, front positive title, to intermeddle ; and fourth, II' its own preservation requires it to take a part in the quar rel, that consideration overbalances its obligations to either of the parties. These exceptions, and particularly the two last, have been so extended by the practice of European nations, that no internal dispute of importance can now arise in any of them, but foreign powers find some pretence to take a part in it, without looking upon their interference as a violation of the law of nations.
2. Suppose that the interior troubles of a state come to an open rupture between the sovereign and his subjects, and that the whole nation, or part of it, should wish to drive hint from the throne ; or suppose that a province or ter. ritory, subjected to another state, refuses obedience to it, and endeavours to render itself independent ; in either of these cases there are two points which must be separated in determining on the conduct that foreign powers ought to observe : first, The conduct to be observed towards the old or new sovereign, or towards the people who, after having revolted, have declared themselves independent ; second, The assistance to be given to either party.
With respect to the first of these, a foreign nation, not under any obligation to interfere, does not appear to violate its perfect obligations, nor to deviate from the principles of neutrality, if, in adhering to the possession (without examining into its legality) it treats as sovereign hint who is actually on the throne, and as an independent nation, people who have declared, and still maintain themselves independent. The opposite party, however, never fails to complain of this conduct, as long as he does not himself acknowledge, by treaty, the validity of such possession or independence.
As to the second point, namely, the assistance to be given to either party, when once obedience has been formally re fused, and the refusing party has entered into the posses sion of the independence demanded, the dispute becomes similar to those which happen between independent states ; consequently, any foreign prince has a right to lend assist ance to the party whom he believes has justice on his side, whether he be obliged so to do by treaty or not ; provided, however, that he has not promised to observe a strict neu trality. But as to espouse an unjust cause is unlawful, and as it is impossible that the opinions of the two parties should not differ with respect to the justice of their cause, it is also impossible that those against whom succours are directed, should not consider such a step as a departure from neutrality, and as an injury. In fact, whether we speak of the passive conduct observed in such circum stances, or of the succours furnished by foreign powers, it is state policy that commonly decides whether he who feels himself offended shall dissemble, or at most complain of the injury, or whether he shall seek retaliation by violent means.
When a nation acknowledges, expressly or tacitly, the independence of the revolted state, or a prince renounces the throne he occupied, foreign powers have no longer right to oppose the revolution, nor is even their acknow ledgment of its validity necessary.