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CHAPTER III.

OF THE SPHERE, SOURCES, GROWTH, OR ACCUMULATION,

AND DEVELOPMENT OF INTERNATIONAL LAW.

CHAPTER III.

OF THE SPHERE, SOURCES, GROWTH, OR ACCUMULA

TION, AND DEVELOPMENT OF INTERNATIONAL LAW.

Having thus endeavoured to form pretty accurate notions of the different kinds or descriptions, of international law generally, and how far these divisions and descriptions are founded in fact, we proceed to inquire into its progress or growth, or how it is gradually accumulated and unfolded.

And without resorting to any imaginary state of nature, whether of peace, or of warfare ; and without indulging, along with the Abbé St Pierre and Professor Kant, in the hope of the maintenance of perpetual peace, or along with the cosmopolite writers, in the expectation of the establishment of one universal empire or government over the whole earth, perhaps not to be desired, although it were practicable, we may proceed more consistently with the inductive mode of philosophizing, by assuming nothing as fact, but what is established to have been in times past, or now to be, the state of mankind, by the records of authentic history, or by actual observation. Proceeding upon this principle, we find that in all ages, and in all the different quarters of the globe, mankind have been divided into separate tribes, communities, or nations, occupying a particular range of territory, united among them

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selves under one government, and congregated into one state, unconnected with, or independent of, other tribes or nations, whether adjacent, or more distant.

In tracing the growth and accumulation of the internal law of states, we had occasion to notice the principal causes, which, in addition to, but independently of, the moral feelings of our nature, have led, and continue to lead, to the social union, the formation of states, and the establishment of laws and courts of justice. These causes we saw, consisted mainly, of the considerations of interest which individuals and families had, and have, in the observance of the negative rules of justice; in the support and protection of the individual's right of external action, consistently with the exercise of a reciprocal similar right on the part of other individuals. But to these causes, it is unnecessary here to revert at greater length. Suffice it to say, that we found their operation was so strong and powerful, as to induce and create such a compact union, or coalition of the congregated individuals, as to constitute a separate physical, moral, and legal person or unit, capable of external action, as such, like the physical individual, and resembling an organized natural production, containing in its structure, the elements of its own internal government and regulation. Of these elements, too, we found territory, or the permanent occupation and cultivation of a portion of the earth, or property in land, to be one of the most essential. Indeed we are accustomed to distinguish from states, properly so called, and to designate as hordes, those unsettled tribes, who, wandering over

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