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the fanction of the fe new tenets, fome of the Chriftian Powers of Europe have, gone to war with each other without any previous Declaration; have parcelled out, and divided amongst them, neighbouring kingdoms; have broken through the ftrongest engagements, and clofeft treaties of alliance; have deferted the moft laudable confederacies, and have entered into clandeftine feparate treaties of Peace with the common enemy.

Let us now return to our author, by whofe political, critical, and hiftorical difcuffion of what the Law of Nations has been, and what it ought to be, thele innovations must be fairly tried.

was confeffed that all the world did not,
and would not cbey it." Diffatisfied
with thefe explanations, and other difcor-
dant opinions of eminent writers on the
fame fubject, our author was led to con-
fider its investigation as a matter of more
importance to the general interefts and
welfare of mankind, than his proposed
treatise on Diplomatic Law; he there-
fore undertook and executed the ufe-
ful work which is now prefented to
the world, and may be faid to confift of
two parts.
"The firtt is occupied with
endeavouring to fettle the conftruction of
the Law of Nations; and, above all,
as moit neceflary to the fabric, what is
its real foundation." In the pursuit of
this investigation, our author discovers
the neceflity of a more binding principle
of duty than the Law of Nature, fome-
thing more fixed and definite, as the
foundation of the Law of Nations; and
he conceives this principle to be Religion,
which, in addition to the Law of Nature,
not with a view to reject it, he holds to
be the trueft foundation for that code of
morality which we call the Law of Na-
tions. Having then deftroyed the ideas
of uniformity and certainty concerning
the application of natural law to the du-
ties of human life, and fhewn that the
Law of Nations is not to be confidered as
the law of all the world, but only of
particular claffes of nations united toge-
ther by fimilar religious and moral iyi-
tems, he endeavours to prove
Chriftianity is the only certain foundation
for that code which is (or ought to be)
oblerved by Chriftians, in other words,
by European nations."
If this hypo-
thefis be admitted, and we do not think
it can be rejected by Sovereigns and other
Rulers of Nations publicly profeffing
the Chriftian Religion, it follows, that
the Chriftian fyitem of morality must be
the binding principle of their duty re-
fpecting the Law of Nations, and confe-
quently, that no political neceflity what-
ever can juftify fuch violations of that
duty as we have already noticed.

In an ample Preface, explanatory of his defign, and of the motives which in- fluenced him to compofe his present work, we are informed, that he had collected materials and made his arrangements for a treatife of Diplomatic Law, and had nothing to do but to put them into language. But previous to this," fays he, a very important confideration engaged my attention, which though it has moved the enquiry of every man that ⚫ever came to the ftudy of Laws, muft ever be interesting, and has not always been fatisfactorily difpofed of: I mean the account of that obligation in general, under which we conceive ourselves bound ⚫ to obey a law, independent of thofe re-fources which the law itlelf provides for - its own enforcement. I was more parti-cularly called to this confideration on the fubject before me, because the law of which I was about to treat, having no common stribunal to execute its decrees, men were left merely to their confciences to deter-mine whether they would obey it or not. Upon turning to the fundamental parts of all the treatifes I had peruled, I found myself referred to the Law of Nature for the real and original fource of all the obligations in men to obey the Law of Nations; and this Law of Nature, again, I was to look for in my own heart and confcience, which were to decide for me and all the world in the fame manner, in almoft all cafes. At the fame time, the fyftem of the Law of Nations was neither more nor less than a particular, detailed, and ramified fyftem of morals, in which departure was made from that great outline, and thofe general perceptions, conftituting the Law of Nature, and we were brought to the minute application of them to cafes and doctrines peculiar to -particular fets of people. All this, notwithstanding, was fuppofed to be really binding upon all the world, though it, 1. VOL. XXX. Dec. 1796.

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The fecond part of the work is Hifto rical, and is to be confidered as the necellary confequence and proof of the firft, and it is equally curious and interesting. But, as the author justly oblerves, thote who come to the perufal of this work ought, in common juftice to the subject, to be in poffeffion of much previous knowledge; we shall not therefore enter into details which would be unfatisfactory and ufelefs to the generality of readers, for whom it is by no means calculated; Hhh

but

but shall proceed briefly to state the order in which he has arranged the materials of two very copious voluines, that Students in the Law, Members of Legislative Bodies, Statesmen, and Minifters, whom it more peculiarly concerns, may be induced to give it the moft ferious attention at this awful critis, when the fate of Europe may depend on the proper construction, fettlement, and fecurity of the Law of Nations.

The First Chapter of this elaborate treatife contains a precife definition of the Law of Nations; states the remarkable difference between this Law and what we call the Civil or Municipal Law; affigns the reafons for this difference; gives the difcordant opinions of the Lawyers and Philofophers of antiquity and of modern times, reípecting the structure of the Law of Nations; and opens the author's design of lettling the true foundation of this law.

In the Second Chapter the obligation of Natural Law is fully dilculled, and the various conftructions put upon it by different Nations, according to their local customs and manners, is adduced as a convincing proof, that the Law of Natureitfeit is a very imperfect foundation for any law which is fuppofed to be definite and certain, and which, on account of that foundation, and that alone, it is affirmed, is to govern all the States of the world. The true foundation of the Law of Nations is explained in the Third Chapter, as being laid in the Chriftian Religion, from which the great plan of our duty, the complexion of our minds, our ideas of justice, our foftened manners, our laws and customs, and confcquently the whole force of our moral obligations, take their rife and colour, and this theory, according to our author, is borne out by the practice of mankind. A brief review of the difference between the cultoms and manners of other parts of the globe and thofe of Europe, lead us in the next chap ter to the confirmation of this truth, "that the Law of Nations, as it is observed in the Chriftian States of Europe, is not the law of the world, and he gives a triking proof of it, in the remarkable opinion entertained by all European nations refpecting that famous part of the Droit Public, known by the name of the Balance of Power. Of this, according to the prefent fystem, the people of antiquity knew little or nothing; and it was unknown even to modern nations themselves before the time of the Emperor Charles the Fifth.". This great

check to the ambition of defpotic Sorereigns, is one of the improvements of the Law of Nations introduced by the influence of Chriftianity. The fear of fuch an acceffion of power as may prove fatal to the independence of Europe, is now held to be a fair ground for war; and therefore, upon Chriftian principles of action, nations may join in confederacies to oppofe it.

In the Fifth Chapter we are inftructed how to diftinguish different clatles of nations; and it is remarked, that the Ruffian, the Polish, and the Pruffan nations, before they were converted to Chriftianity, and entered into the clafs which obey the European Law of Nations, were confidered as the Primi Barbnorm.

The diftinguishing characteristics of the European ciats of nations are exemplified in the following delineation:

"Whenever we obferve many differem communities in the habit of making Treaties and Alliances together, of hoiding Congrefes, and entertaining ordinary or repient Embassies at one another's Courts; of appealing to each other's mediation; of deciding their differences by one bustor, fettled rule (let it be good or bad), or of carrying on war in the fame mode (be it cruel or lenient); above all, when we fee them governed by the fame customs, ariling from climate or geographical fituation, and bound together by one commes Religion; then may we fairly fuppofe that they agree, tacitly or expreísly, to obey the fame Law of Nations. One thing is decifive; and that is, when we oblerve them fearching for the rule of their duty in the fame codes of jurispru dence, and agreeing to pay respect to the opinions of the fame writers, in which cafe it is equal to abfolute demonstration, that they all come under the government of the fame law. With us in Europe, and the nations and colonies that spring from us, this has long been the practice. Things for the moft part are fettled and understood; the fame Laws of War and Peace, of Treaties and Alliances, are," he might have faid, or ought to be,

obeyed; the fame maxims are enforced, the fame authorities are cited; the fame Relig.on unites us. It is not fo with other nations; and the propofition is thus demonftrated, that when we speak of the Law of Nations, we mean only the nations of our own fet or class, that is of Europe."

Hence our author takes occafion in this place, and in other parts of his work, to observe, that the French in the " progrets

progress of their Revolution, have with drawn themfeives from the clais to which they formerly belonged, have refuted any longer to obey the old Law of Nations, and have, proportionably as they difcarded the Christian Religion, returned to that state of ferocity and barbarian, which exiited prior to the ettablishment of the European Law of Nations through th mild influence of Chriftianity; and hence, alio, the neceflity appears of reinftating and enforcing the obligations of this law at the era of a General Peace.

The chronological account of this law, as we ourselves have obeyed it in Europe; the ftrange ideas that were formerly entertained of it, generated by various local and important circumftances; the gradual changes (and the caufes of them) which took place in those ideas; together with the laft improvements that were given to them, fo as to elevate this law into the rank of the Sciences, are explained in the following Chapters, which comprife a vaft fund of historical information and critical obfervations under the following diftin&t heads: The Law of Nations, as obferved by the Greeks nl Romans The Principle of the Scandinarnan Law of Nations The Hiftory of that Law from the fall of the Roman Empire to the Eleventh Century, and from thence to the Fifteenth Century. The improvement of the Law of Nations, through the mighty and comprehentive genius of Charlemagne, is then introduced. This is followed by a new division of the fubject, pointing out the influence of particular inftitutions on the gradual improvement of the European Law of Nations. The fart, in order, is the feudal fyftein, which concludes the Firit Volume.

The Second Volume opens with an extenfive view of the influence of Chriftianry and the Ecclcfiaftical Eftablijbments, This is fucceeded by the influence of Chraby; and it is difficult to fay which of thefe two Chapters is the most inte

refting. The introduction of regularity in the Declarations of War; courtely and liberality to ftrangers, to enemies, and pritoners of war; fidelity in the obfervance of Treaties, and levere punishments for the breach of them; extention of triedly alliances, and remarkable hofpitality, were the diftinguishing attributes of Chivalry. And thete paved the way for the influence of Treaties and Conventions, the fubjects of the fifteenia chapter. In the next is difcuffed the rank and claims of the Nations of Europe founded on thofe Treaties.

The Hiftory of the Law is then refumed, and continued from the Fifteenth to the Sventeenib Century. "Within this period, among the States of Europe, began that remarkable and characteristic cuftom of entertaining ordinary or refident Embaflies at one another's Courts; an inftitution peculiar to themfelves, and which furnishes an opportunity for our author to inveftigate the rights and privileges of Ambafadors, particularly the inviolability of their perfons, nearly equal to that of Sovereigns. The cafe of Mary Queen of Scots is decided in this Chapter, againit the English Civilians and Statetmen, by whom the was condemned; and many curious hiftorical facts concerning Amballadors and Public Minif ters occupy a confiderable part of it.

The Eighteenth and last Chapter is entitled the Age of Grotin, whofe celebrated Treatise De Jure Bell et Pacis, our author conliders as the first regular code of National Law produced in Europe, a treatife which has stood the test of time; and with biographical anecdotes of this great man he clotes his own laborious talk.

We have only to add, that an Alphabetical Table of the Principal Matters is prefixed to the Firit Volume, which is an improvement upon the common mode of Indexes, and is more useful from its pofition, efpecially as the work abounds with Quotations and Notes.

Strictures on a Pamphlet written by Thomas Paine, on the English System of Finance; to which are added fome Remarks on the War and other National Concerns. By Lieutenant Colonel Chalmers, of Chelfea. 1s. 6d. Sewell,

1

HIS is the laft Champion in the caufe of Public Credit, and of the itability of the Funding System of our country, whom we fhall have occafion to notice and we may fafely pronounce, that he bus obtained a complete victory by found arguments and incontrovertible facts, over an artful, and in many respects, a

and hap

formidable enemy to the peace pinefs of the good People of Great Bri tain."

As an introduction to his able defence of the Funding Syftem, he takes a brief retrofpect of the kingdom for fome time previous to the establishment of the Bank, and of that fyftem from, which he doHhh 2 monitrates

monftrates that they were created by profound wisdom and policy, and that they have been productive of great and happy confequences to theie kingdoms. From this retrofpect we select the following curious facts:

In the beginning of Elizabeth's Reign her Customs rented for twenty tbouhand pounds per annum; her lands at Penton Ville, and in the other vicinities of her capital, rented for one failling per acre; the greatett eftates in the kingdom did not exceed two thousand per annumz and the City of London did not include one brick house. The pacific reign of James the Firit enabled his fubjects to avail themselves of their natural advantages, and to lay the foundation of feveral of thofe manufactures fince brought to fuch amazing perfection. By thefe means, during the latt century, the kingdom acquired wealth, comparatively great beyond all former affluence; population and cultivation furpaffed probability, and the greateft defigns were executed in the intancy, or previous to the Funding System. The Customs at the Revolution exceeded as forty to one thote of Queen Elizabeth: in fine, the reprefentative figns of wealth increased to fait, that the depreciation of money, fixing its value in the time of Elizabeth, was more confiderable previous to the erection of paper credit than it has been fince, reckoning even to the prefent hour." After pointing out the neceflity as well as the policy of the fyftem of finance introduced by William III. eur author proceeds to ftate the many benefits accruing to fociety from the operations of the public Funds

where the orphan, the widow, the aged, the infirm, and all other defcriptions of capitalifts, place their money with the moit perfect cafe and fecurity. The increst, invariably paid with the moft fcrupulous regularity, immediately circulates through the body politic, as generally and beneficially as the blood through the human frame. If the Funds did not exist, thofe wealthy defcriptions could not inveft cne-fourth of their money in mortgages; and if fo placed, the in tereft, in the very nature of things, would feldom be regularly paid; and this would prove as ditadvantageous to the said cre ditors, as to the commerce and revenues of the kingdom. The attachment of the very numerous clafs of the public creditors, and their more numerous dependants, is another advantage; and the National Debt, confiderable as it is, is not, in truth, a heavier burden on the

nation at prefent than fome eighty years ago, when it did not exceed fifty millions, if we take into confideration the vatt increate of money, which gives a proportional ability to bear it, and this every one converfant in affairs may illustrate by his own experience: for he must know, that eftates properly purchased eighty or a hundred years ago, would at this time fell or mortgage for three, four, five, fix, or eight times the fum they then coft. Mott certainly, therefore, an eftate which at the Revolution yiekled 1000l. per annum, and now rents for five times that fum, is able at prefent to pay four times the amount of the taxes which it could have done in 1688." According to this juft reafoning, our author, in his remarks on the War and other national concerns, recommends a tax, or contribution, proportioned to this increased landed property-adverting to the principle, that a períon poffelled of 10,0col. per annum, can better ipare 3000l. out of his income to the national neceffities, than a hundred perfons poffeffed of only 100l. a-year can pay one guinea each.

To the common-place objection, that the facility of obtaining large loans by the funding fyftem has more than once encouraged Minifters precipitately to enter on wars, he makes this fenfible reply, "that a Minister is more interested in preferving peace, than in waging war; and for this plain reafon, because in peace he really controuls events, whereas in war they often depend on numberiels contingencies which contrcul him."

In the refutation of Paine's pretended fimilarity between the Paper Credit of Great Britain and that of America and France, and of his ratio for the expences of our past and future Wars, &c. the Colonel's arguments coincide with and corroborate thote of Broome and Wakefield; fo that we rather wish to refer our readers to the Strictures themselves, than to be liable to unneceflary repetitions; for both in them, and in the remarks on the War, and other national concerns, with which we fall olofe our account of his patriotic zeal for the welfare of these kingdoms, they will find much useful information.

Amongst other topics, he justifies the prefent War, which unavoidably refulted from the Revolution of France making war on every thing refpectable in human nature. Every wife confideration commanded the Nations of Europe to declare War against France, and prevent her, by her criminal procedure and example, in

fubverting

fubverting Religion, and feizing on priyate property, from ruining herself and her co-eltates of the great community of Europe. With felpect to continuing it, he aiks this important question: Is Great Britain, hitherto the bulwark of Europe, to relinquith her confequence and independence? Is the to betray and abandon her conftitution, and meanly to beg Peace-Certainly not: and as it feems to be a well founded general opinion, that the prefent Rulers of France can only govern the veffel of State in forms; that they dread the annihilation of their power in the return of their numerous armies to the Republic; and that the vast tide of their fucceffes will fwell their demands to a level with their acquifitions, it is not likely that they will agree to terms fuch as this nation can in prudence, fafety, or honour, accept."

It is to be feared that this remark will be as fully verified as the Colonel's prediction, that the influence of France would prevail with the mitguided Court of Spain to declare War against us.

Taking a sketch of the demands France may be fuppofed to make, the Colonel thinks it probable, that fuch a Peace as at prefent could be obtained would, in every fenfe, be unworthy the aiceptance of this kingdom.-It might prove a fatal Truce, obliging our Government unavoidably to keep up a very expenfive Peace Establishment, which, in fich cafe, it would be found almost impofable to maintain.

In preference, therefore, to such humiliation and expence, le carneftly recomiends,

as the best means of preferving our Liberty, Property, Religion, and Conftitution, to continue the War with energetic vigour, until our enemies, exhausted by their victories, or worn out by anarchy, day fall into a state of languor propitious

to the citablishment of fuch a fate of Government as may afford a reafonable hope of permanent tranquillity."

Here our author joins issue with Mr. Burke-" No peace with a regicide Government, at least none to be relied on for duration, under an unstable Government, liable to be changed as foon as it is made, perhaps whilft it is negociating the Revolution from 1789 to 1795 jultifying fuch a conjecture."

In cafe then that the War is unavoidably prolonged, juftly confidering it as a War on the part of France against property, this able and difintereited writer. thinks it fitting that property fhould bear the burthen of it; and, following up this idea, he fuggefts feveral objects of taxation, impelled by zeal to point. them out, in reply, as it were, to thofe who, from ignorance or defign, continually affert the inability of the Nation farther to maintain a War for every thing that is dear to us.

It must not be omitted, that this is the Colonel's fecond attack upon Paine, for he was the author of a pamphlet entitled Plain Truth, written at the beginning of the American War, to deter the Houle of Bourbon from her fatal interference in that conteft, and in answer to one of Paine's publications.

Donald Bane, Lord of the Hebrides, orWestern Ifles, an Heroic Poem, in Three Books. By George Skene, Elq. 2s. 6d. Robinions.

HE Porn now before us is dedicated to the Earl of Fife, to whom the author feems to be under obligations; and we thay fairly fay it is not an unworthy offering. Whether it proceeds from the difficulty which occurs, or the labour required, in this higher ftile of verse, or whether from the more immediate intere of tranfitory and political iubjects,' it feldom falls to our lot to review any thing like an original Epic poen. The prefent therefore, which is by no means deficient in merit, deferves our attention. The author fays, in a fhort Preface, that his poem is founded upon the remem brance of an old historical manufcript, preferved at the family feat of Mr. Skene, of Skene, late Member of Parliament

the County of Aberdeen in North

Britain. We know that the Lord of the Hebrides had a fort of kingly power, and more than once invaded Scotland; but history affords no evidence to decide upon the authenticity of many particulars relative to thele invafions. Nevertheless, they are on that account, perhaps, more proper fubjects for the poet, to whom luch licence of imagination has ever been allowed. Donald Bane, the hero of the piece, is a proud and gigantic warrior, whofe inflexible refolution, invincible courage, and favage cruelty, inspire terror. The attachinent of thefe barbarous Inlanders to their Lord, notwithftanding his fierce and tyrannical government, is a lively inftance that valour is the higheft, if not the fole, virtue, feen by an unpolified people. Upon the whole,

we

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