FOOTNOTES: 

[62] Ep. 1168. p. 530.

[63] Ep. 883 p. 531.

[64] Ep.  Grotii 610.

[65] Ep.  Grotii 613.

[66] Ep. 531.

[67] Ep. 890.

XXIV.  After his return from England, Grotius happened to be one day at the Assembly of the States of Holland and West-Friesland when an affair of consequence was under consideration.  The States had granted commissions to several Privateers, some of which made depredations on the friends of the Republic, and, afterwards quitting the country, scowered the seas, refusing to return though summoned.  Some people of Pomerania who had been ill used by these Corsairs, applied to the States for redress.  The Question therefore was, Whether the States were answerable for the act of those privateers, either as having employed bad men in their service, or neglected to require security from them on giving them commissions.  Grotius’ advice being asked, his opinion was, that the States were only bound to punish the offenders, or deliver them up, if taken; and, for the rest, to make satisfaction to the sufferers out of the effects of the pirates.  We learn from himself on what he grounded his opinion[68].  The States, said he, were not the cause of those unjust practices, nor had any part in them:  so far from it they have prohibited, by express ordonnances, the injuring of our friends.  They were not obliged to ask security from the privateers, since, without granting formal commissions, they might permit all their subjects to plunder the enemy, as was formerly practised; and the permission they granted to those privateers was not the cause of the damage they did to our allies, since any private person may, without such permission, fit out vessels, and sail on a cruize.  Besides, it was impossible to foresee that these privateers would turn out wicked; and there is no taking such precautions as to employ only honest men.  When a prince’s troops, whether by sea or land, contrary to his order, injure his friends, he is not responsable for it; as appears from what has been acknowledged by France and England.  To make one answerable for the acts of those who are in his service, even when no fault of his gave any occasion to them, would be to decide the question not by the law of nations, but by the civil law; and even the rule is not general in the civil law.

The States were determined by this opinion.

FOOTNOTES: 

[68] De jure belli et pacis, lib. 2. c. 17. sec. 20.

XXV.  The multitude of affairs with which Grotius was oppressed, and the continual journeys he was obliged to make, left him no time for cultivating Polite Literature.  In the midst of his occupations Du Maurier, the French Ambassador in Holland, and his particular friend, having resolved to begin a course of study, applied to Grotius for directions.  We shall here give an extract from his answer[69], because it may be of use to grown persons desirous of acquiring literary accomplishments.