第16章 STATE SOVEREIGNTY(3)

The pacification of the Continentafter the overthrow of the French Empire,was succeeded by a series of movements instituted by communities for thepurpose of obtaining Constitutionsthat isfor guarding against being remittedto the same condition of despotic rule in which the French Revolution hadfound themAll these Constitutions had for their object the limitation ofthe powers of the KingPerhaps the most democratic of them was the one knownas the Spanish Constitution of 1812When in fact the Spanish Cortes at Cadizframed this ConstitutionFerdinandthe King of Spainwas in the handsof the Frenchand therefore the Spanish Constitution-makers had to contemplatea Constitution suitable to a country from which the King would beperhaps,permanently absentNaturallythereforethe powers of the King were inthis Constitution reduced to very littleThe King of Spainon his returnfrom imprisonmentdenounced this Constitutionbut it obtained great favourin certain parts of Europeand in 182the Neapolitansafter a revolution,compelled their King to grant a Constitution which was a copy of itMuchdismay was caused to the Continental Powers which retained their despotisms,and the Congresses of Laybach and Troppau assembled to consider the dangerof the spread of what were then known as 'French principlesfrom Naplesto the rest of EuropeIt was finally determined that the Neapolitan Constitutionshould be modifiedand that compulsion should be put on the not very reluctantKing by the arms of AustriaGreat Britainhoweverprotested against thedecisionSoon afterwards the Constitution of 181was adopted after a militaryrising in Spain itselfThis led to the assemblage of the Congress of Veronaand to the restoration of the Spanish despotismthe compulsion on this occasionbeing put upon Spain by France.

Beforehoweverthe European peace finally broke upthe current hadturned in the other directionand Great Britainwhose foreign affairs werenow directed by Lord Palmerstonemployed its influence to assist stateswhich desired to obtain ConstitutionsIn addition to the desire for populargovernment the spirit of nationality had now come into playand the ultimateresult was the intervention of Napoleon III in Italy and the destructionof the Italian despotismsTherefore all the Powers in Europeduring thepeacedid in turn act upon principles from which the inference might bedrawn that they denied the right of a state under certain circumstances toadopt what political Constitution it pleasesnevertheless this rule of lawin the long run prevailednor can there be the slightest question that itis of the greatest valueOf all rules of public law it is the one whichdoes most to prevent the whole of the civilised world being brought underan iron-bound theory of governmentIt enables theories of government tobe tested by experiment in several statesand prevents any one of them fromoverwhelming the rest whether in the name of order or in the name of freedom.

I pass now to the second of the rules which I have quoted from MrHall.

Every sovereign state is entitled to dowithin its dominionswhatever actsit may think calculated to render it prosperous and strongTwo consequencesfollow from this positionA state may take what measures it pleases forits own defenceand a state may adopt whatever commercial sytstem it thinksmost likely to promote its prosperityThat a state has these powers is notnow deniedand would notI thinkbe disputedbut nevertheless if theexistence of these rights had not now for two centuries been affirmed byInternational LawI think they would have turned out to be full of pretextsfor warEven at this moment the patience of states is hardly tried by theway in which their neighbours act upon the principleTake France and Germany.

Rarely in the history of the world have there been such achievements of militaryengineering as are exemplified in the fortresses which line the long borderof the two countriesEvery one of those fortresses is just as availablefor attack as for defenceand knowing what men areit is really wonderfulthat no complaint has at present been made of the mere fact of their construction.

Take again two dependencies of European countrieswhich are really greatcountries standing on a footing of their own British India and Asiatic Russia.