Page:Review of the Proclamation of President Jackson.djvu/92

 expect to hear in some commentary upon this pandeet, of constructive and so unaccountable Representatives, and of the transfer of moral allegiance.

According to my old-fashioned notions of morals and of law, there is no human obligation without a sanction, whether such obligations attach to individuals or to States: nor does the existence of the sanction, depend upon the existence of any common superior to enforce it. To me it seems a solecism, to speak of obligations that do not oblige; and that which obliges the observance of an obligation, is its sanction, be that what it may. Nor would it be less a solecism, to suppose that the sanction of any human obligation, was to be found in the precepts of morality only: for as these precepts constitute mere obligations themselves, one obligation would so become the sanction of another. In such a case, it might probably puzzle the acumen even of those who can comprehend the theory of moral guilt, to decide which was the obligation and which the sanction. And if the existence of some common superior, was necessary to give validity to sanctions, the obligations contracted by States, could never be rightfully enforced by other States, so long as the equality of States is conceded. Yet no man before this author, has ever doubted the existence of such a right.

It would be foreign to my present purpose, to enquire, what is the sanction of national obligations, or by whom, or how, or when, these may be applied and enforced.

I may, perhaps, recur to this subject hereafter. At present, it will be only necessary to say that it is not morality merely, but the law, that gives the sanction of all human obligations which deserve that name. This law must be administered by human agents, who can employ none other than human means.—In the case of individuals it is the municipal law of their country, which gives the sanction of all their perfect obligations. This law is administered by magistrates only: but its sanctions, although declared by them alone, must be enforced when necessary, by the power of mere men. In the case of States, it is the public law of the civilized world which gives the sanction f the obligations of Nations. This law is administered by States alone; and the sanctions declared by it, must be applied and enforced, when