VATTEL’S LIFE

Emer de Vattel was born in Couvet, in the Principality of Neuchâtel, , on 25 April 1714.1 His father David, a Calvinist pastor and member of the Vénérable Classe, the local consistory, had been influential in endorsing Frederick I of ’s successful claim to the sovereignty of Neuchâtel upon the death of Marie de Nemours in 1707. Emer’s mother, Marie, equally came from a filo-Prussian and well-off family. She was the sister of Emer de Montmollin, who served as the Chancellor of Neuchâtel and a diplomatic envoy for Fredrick I at Utrecht in 1713.2 Prussian rule in Neuchâtel had inaugurated a time of economic pros- perity, especially in the clock industry, as well as intellectual activity. Although it was not until 1838 that the city saw the birth of its long-awaited academy of sciences, an animated scholarly debate had been thriving there since the first decades of the eighteenth century. At the centre of this development were theologian Jean-Frédéric Ostervald, who was to become one of Emer de Vattel’s closest friends, as well as polymath Louis Bourguet, who gave lectures on philosophy, law and mathematics and founded the reviews Mercure Suisse and Journal Hélvetique, with which Vattel was to publish several pieces.3 Though not as celebrated as natural lawyers Jean Barbeyrac in Lausanne or Jean-Jacques Burlamaqui in Geneva, Ostervald and Bourguet nevertheless were intellectuals of Europe-wide renown, and their presence in Neuchâtel certainly benefited the early evolution of Vattel’s thinking. A brilliant young student, Vattel commenced his university studies in 1728, at the age of fourteen. As Neuchâtel still lacked an académie at the time, he moved to Basel, where thanks to his uncommon talents he was admitted to the faculty of theology prior to reaching the minimum age required.4 However, this experience in the field of theology largely

1 Edouard Béguelin, ‘En souvenir de Vattel’ in Recueil de travaux offert par la Faculté de Droit de l’Université de Neuchâtel à la Société Suisse des Juristes (Neuchâtel, Attinger, 1929) 35–176, 35. 2 Albert de Lapradelle, ‘Introduction’ in Emer de Vattel, Droit des gens, ou principes de la loi naturelle appliqués à la conduite des nations et des souverains (first published 1758, Washington, Carnegie Institution, 1916) III. 3 Béguelin, ‘En souvenir de Vattel’, 38. 4 Ibid 40.

20 vattel’s life disappointed him as he questioned orthodox theological dogmas and teaching. It was probably at this stage that he began to feel close to con- temporary deist doctrines and develop a certain anticlerical attitude not only towards Roman Catholics, but also towards the Calvinist Church. In a letter sent to Ostervald a few years later, Vattel denounced the alleged greed and lust for power of the Neuchâtel consistory in the following terms:

There is good reason to believe that the greater part [of the Vénérable Classe] pays much more attention to preserving their own rights than to protecting their sheep from the Devil; indeed, they regard the Devil himself but as a scarecrow very much suitable for them to dominate over the inane. Good apostles, who preach the Gospel to others and apply very well themselves the maxims of secular politics.5 As Vattel grew critical of the role of ecclesiastical hierarchies and tended to reject orthodox theology he set out to quit the faculty. Probably pres- sured by financial issues too, he moved to Geneva, where he worked as a preceptor and enrolled at the Academy, in 1733. There he was initiated, perhaps through Burlamaqui’s lectures, to and political phi- losophy, and became acquainted with the works of Leibniz and Wolff.6 Both Burlamaqui’s utilitarianism and Leibniz-Wolffian rationalism were to become primary sources of inspiration for the Vattelian system of natu- ral law later on.7 Still, Vattel’s first literary endeavours did not consist of any systematic treatises, but of brief essays, often on trivial topics, as well as poetry, his life-long passion.8 Even in later stages of his life, when he delved more deeply into legal theory and , he never ceased to compose verses and dialogues. So he recurrently published miscellanea of short pieces of different literary genres, such as the Pièces diverses, avec quelques

5 Emer de Vattel, Letter to Frédéric Ostervald, 19 December 1746, quoted in Béguelin, ‘En souvenir de Vattel’, 37. Translation by the author. Original text: ‘On n’a pas tort de croire que le grand nombre [des membres de la Vénérable Classe] est bien plus attentif à conserver ses droits qu’à défendre leur brebis contre le Diable; c’est qu’ils ne regardent le Diable lui- même que comme un épouvantail fort propre à les faire dominer sur les sots. Bons apôtres, qui prêchent aux autres l’Évangile et pratiquent fort bien eux-mêmes les maximes de la politique du siècle.’ Given Vattel’s hostility towards Calvinist pastors and theologians, Alfred Dufour’s stress on the Protestant motifs behind Vattel’s theory of public law seems somewhat hazardous: Alfred Dufour, ‘Religion, Eglise, Etat dans la pensée d’Emer de Vattel’ (2002) 3–4 Revue historique neuchâteloise 169, 172. 6 Béguelin, ‘En souvenir de Vattel’, 41. 7 Bernard Gagnebin, Burlamaqui et le droit naturel (Geneva, La Frégate, 1944) 245–251. 8 Béguelin, ‘En souvenir de Vattel’, 42.