These inquiries furnish us with a clue by which we may discover what are the duties and rights of citizens, and whether they can be separated one from the other; what is our country, in what does it really consist, and how can each of us ascertain whether he has a country or no?
Having thus considered every kind of civil society in itself, we shall compare them, so as to note their relations one with another; great and small, strong and weak, attacking one another, insulting one another, destroying one another; and in this perpetual action and reaction causing more misery and loss of life than if men had preserved their original freedom. We shall inquire whether too much or too little has not been accomplished in the matter of social institutions; whether individuals who are subject to law and to men, while societies preserve the independence of nature, are not exposed to the ills of both conditions without the advantages of either, and whether it would not be better to have no civil society in the world rather than to have many such societies. Is it not that mixed condition which partakes of both and secures neither?
“Per quem neutrum licet,
nec tanquam in bello paratum esse, nec
tanquam in pace securum.”—Seneca
De Trang: Animi, cap. I.
Is it not this partial and imperfect association which gives rise to tyranny and war? And are not tyranny and war the worst scourges of humanity?
Finally we will inquire how men seek to get rid of these difficulties by means of leagues and confederations, which leave each state its own master in internal affairs, while they arm it against any unjust aggression. We will inquire how a good federal association may be established, what can make it lasting, and how far the rights of the federation may be stretched without destroying the right of sovereignty.
The Abbe de Saint-Pierre suggested an association of all the states of Europe to maintain perpetual peace among themselves. Is this association practicable, and supposing that it were established, would it be likely to last? These inquiries lead us straight to all the questions of international law which may clear up the remaining difficulties of political law. Finally we shall lay down the real principles of the laws of war, and we shall see why Grotius and others have only stated false principles.
I should not be surprised if my pupil, who is a sensible young man, should interrupt me saying, “One would think we were building our edifice of wood and not of men; we are putting everything so exactly in its place!” That is true; but remember that the law does not bow to the passions of men, and that we have first to establish the true principles of political law. Now that our foundations are laid, come and see what men have built upon them; and you will see some strange sights!
Then I set him to read Telemachus, and we pursue our journey; we are seeking that happy Salentum and the good Idomeneus made wise by misfortunes. By the way we find many like Protesilas and no Philocles, neither can Adrastes, King of the Daunians, be found. But let our readers picture our travels for themselves, or take the same journeys with Telemachus in their hand; and let us not suggest to them painful applications which the author himself avoids or makes in spite of himself.