Gambar halaman
PDF
ePub

CHAPTER SECOND.

OBJECTS OF ATTENTION.

It is undoubtedly the case with some persons, that they do not clearly perceive what objects would occupy the attention of a Congress of Nations. And in order to make them understand the importance of such an assembly, it is necessary to indicate distinctly some of the topics, to which its deliberations would be likely to be called. The idea of a large permanent assembly, supported at the public expense, with no great objects before them requiring their attention, would meet with but little favor. It will be the object of this Chapter briefly to refer to some of those subjects or heads of subjects, which, it is reasonable to suppose, would from time to time receive notice; premising, however, that we do not undertake to give a complete enumeration. Other subjects, connected with some peculiar and unforeseen state of things, would occasionally solicit attention.

I, -INALIENABLe rights.- -There are some rights, which belong to man as man; they are inseparable from his nature; they cling to him under all changes of situation, and amid all the diversities of political regulation. Such as the right to personal safety, the right to improve and perfect the powers our Creator has given us, the right to equal and impartial justice, and the rights of con

science. It is important for the welfare of mankind, that fundamental rights of this description should be understood; that they should be placed upon clear and irrefragable grounds; and that they should be announced with the utmost solemnity. This is particularly true of rights of conscience. With all the light and liberty of the nineteenth Century, there is far from being a full, free, and perfect toleration of religious opinions. And all announcements and stipulations in favor of rights of conscience cannot be too highly valued, because they are made in support of the inalienable claims of humanity. Whatever are proper subjects for treaty stipulations would be suitable topics for the deliberations of an International assembly; and it is well known, that rights of conscience have, in repeated instances, been secured by treaties. And it is worthy of remark, that this view of things was announced to the national Legislature by the President of the United States, as a reason for uniting in the proposed Congress of Panama. The passage, to which we refer, is as follows." The Congress of Panama is believed to present a fair occasion for urging upon all the new nations of the South, the just and liberal principles of religious liberty. Not by any interference whatever, in their internal concerns, but by claiming for our citizens, whose occupations or interests may call them to occasional residence in their territories, the inestimable privilege of worshiping their Creator according to the dictates of their own consciences. This privilege, sanctioned by the customary law of nations, and secured by treaty stipulations in numerous national compacts; secured even to our own citizens in the treaties with Columbia, and with the Federation of Central America, is yet to be obtained in the other South American States and Mexico. Existing prejudices are still struggling against it, which may perhaps be more successfully com

batted at this general meeting, than at the separate seats of Government of each Republic."

II,-CRIMES AGAINST HUMANITY. -Among these are infanticide, human sacrifices, the burning of widows on the funeral pile of their husbands, the practice of the torture, excessive and revolting punishments, the slave trade, and other crimes of a like character. The attention of a Congress of Nations ought to be seriously directed to evils of this kind, because they involve the interests of human nature as such; they are crimes, in view of which not only civilization, but humanity revolts; they are offences, not merely against a local government, but against all mankind. It was for a long time the practice in certain provinces of India, for widows at the death of their husbands, to burn themselves on the funeral pile. Although other nations, in a case of this kind, have no right to interfere by violence, it is obviously their duty to interfere, so far as there is a prospect of doing any good, by imparting instruction, and by earnest rémonstrances. And if such provinces are under the control of civilized and Christian nations, it is the duty of such nations, to the performance of which they may properly be excited and urged by other Christian States, to terminate the practice in question by express and direct interdictions.

III,- -IMPROVEMENTS IN THE LAW OF NATIONS. From what has been said in the Second Part of this Work, it cannot be doubted, that the Law of nations is open to improvements. Nor is it less evident, that a Congress of nations would be a peculiarly suitable body to suggest such improvements, both in consequence of being able to judge of their necessity and of possessing a weight of authority, which would be likely to secure their entire recognition. It is not necessary to enumerate the questions which remain unsettled; some of which

have already been brought before the notice of the reader; nor to indicate the causes, which have contributed to this state of uncertainty. It is enough to know, that they are not likely to be adjusted in the present situation of affairs. A Congress of nations would obviously be in a favorable situation to give them an impartial examination; and the opinions of such a body, whatever they might be, would, in all probability, become the prevalent opinions of the civilized world.

IV, COMMERCIAL INTERCOURSE. The improvement and expansion of commerce is one of the striking and pleasant features of the present day. The ocean is not divided by marks and boundaries, but furnishes a common highway for all nations. In large commercial cities the men of all countries, and speaking in all languages, constantly meet together, and by their mutual intercourse and transactions vindicate their claim to a common descent, a common relationship. As commerce, in the enlarged sense of the term, exists between nation and nation, and embraces all mankind; as it involves immense interests, which connect themselves often with abstruse and complicated inquiries, it will inevitably present subjects for frequent examination to a Congress of nations. The natural tendency of things, adverse to the freedom and growth of commerce, is the exclusion of foreign articles for the purpose of encouraging home products. It is not easy for any government to resist the claims and calls of its subjects for the protection, which is understood to result from such restrictive measures. But an unhappy result is, that these measures are immediately followed by countervailing enactments on the part of other nations; and if carried very far, they evidently tend to the utter destruction of commerce. Now if nations would come together, in the spirit of amity and with all the facts before them, they could hardly fail to

perceive the ultimate results of restrictions, however necessary they might appear to be on a small scale, and to take measures for the prevention of them. It is certainly to be feared, if nations universally should act upon the principle of refusing the importation of whatever they can produce themselves, which seems to be the prevalent disposition among them, that the interests of commerce, so essential to the happiness of mankind, will speedily and greatly suffer.--Perhaps these suggestions may have the appearance of being visionary, but we venture to say with confidence, that among the multitude of questions, connected with navigation and the interchange of commodities, some at least will be found appropriate subjects of international consultation, and that the examination of them will be attended with beneficial consequences.

v,

-NATURALIZATION AND ALLEGIANCE. -The subject of naturalization, with which that of allegiance is closely connected, would be well worthy of the attention of such a body. An Englishman comes to the United States, and after residing a certain time, and passing through some prescribed ceremonies, becomes an American citizen. But it does not appear, (whatever declarations he may in his own person make, that he will yield obedience and homage to no other power,) that the fact of his becoming an American citizen destroys his allegiance to England. "Natural allegiance, says Blackstone, is a debt of gratitude, which cannot be forfeited, cancelled, or altered, by any change of time, place, or circumstances. An Englishman, who removes to France or to China, owes the same allegiance to the king of England there as at home, and twenty years hence as well as now."*If this principle is good in

* Commentaries, Vol. I. p. 369.

« SebelumnyaLanjutkan »