Commentaries on American Law
by James Kent (9781458821331)

Commentaries on American Law
James Kent
Release Date: 10 December 1060
Format: Paperback
Pages: 380
Category: Legal History
Publisher: General Books
ISBN: 9781458821331
ISBN-10: 1458821331

Purchase of this book includes free trial access to where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: The French Revolution. Several cases which preceded, or which arose during the violence of the French revolution, were unjustifiable invasions of the rights of independent nations to prescribe their own forms of government. This was true in the wars fomented or declared against all monarchical forms of government by the French rulers, during the early and more intemperate stages of their revolution. Other Instances of Interference. Among other recent instances, we may refer to the invasion of Holland by the Prussians in 1787, of the invasion of Naples by Austria in 1821, and of Spain by France in 1823; the last invasion being under the pretext of crushing a dangerous spirit of internal revolution. Apprehension of National Danger. Every nation has an undoubted right to provide for its own safety, and to take due precaution against distant or impending danger. A rational fear is said to be a justifiable cause of war. The danger must be great, distinct and imminent. The British government officially endorsed this theory in its declaration to the allied powers in 1821; that it upheld the right of any state to interfere, where its own security or essential interests were seriously endangered by the internal transactions of another state; but that its assumption of such right was only to be justified by the strongest necessity, and to be limited and regulated thereby. Limitation to the Right of Interference. The declaration further stated, that the right did not apply to all revolutionary movements, that its exercise was an exception to general principles, and only grew out of the circumstances of the special case; and could not, without danger, be incorporated as a rule in the ordinary diplomacy of states, or into the institutes of the law of nations. Hence, no for...

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