Questions of
natural right are triable by their conformity with the moral sense &
reason of man. Those who write treatises of natural law, can only
declare what their own moral sense & reason dictate in the several
cases they state. Such of them as happen to have feelings & a reason
coincident with those of the wise & honest part of mankind, are
respected & quoted as witnesses of what is morally right or wrong in
particular cases. Grotius, Puffendorf, Wolf, & Vattel are of this
number. Where they agree their authority is strong. But where they
differ, & they often differ, we must appeal to our own feelings and
reason to decide between them.
The passages in question shall be traced through all these
writers, that we may see wherein they concur, & where that
concurrence is wanting. It shall be quoted from them in the order in
which they wrote, that is to say, from Grotius first, as being the
earliest writer, Puffendorf next, then Wolf, & lastly Vattel as
latest in time.
Grotius. 2. 16. 16.
`Hither must be referred the common question, concerning
personal & real treaties. If indeed it be with a free people, there
can be no doubt but that the engagement is in it's nature real,
because the subject is a permanent thing, and even tho the government
of the state be changed into a Kingdom, the treaty remains, because
the same body remains, tho' the head is changed, and, as we have
before said, the government which is exercised by a King, does not
cease to be the government of the people.
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