[114] See Vattel: _Law of Nations_, II. Ch. IV. § 55. No foreign power, he says, has a right to judge the conduct and administration of any sovereign or oblige him to alter it. “If he loads his subjects with taxes, or if he treats them with severity, the nation alone is concerned; and no other is called upon to offer redress for his behaviour, or oblige him to follow more wise and equitable maxims.... But (_loc. cit._ § 56) when the bands of the political society are broken, or at least suspended, between the sovereign and his people, the contending parties may then be considered at two distinct powers; and, since they are both equally independent of all foreign authority, nobody has a right to judge them. Either may be in the right; and each of those who grant their assistance may imagine that he is giving his support to the better cause.” [Tr.] 6.—“No state at war with another shall countenance such modes of hostility as would make mutual confidence impossible in a subsequent state of peace: such are the employment of assassins (_percussores_) or of poisoners (_venefici_), breaches of capitulation, the instigating and making use of treachery (_perduellio_) in the hostile state.” These are dishonourable stratagems. For some kind of confidence in the disposition of the enemy must exist even in the midst of war, as otherwise peace could not be concluded, and the hostilities would pass into a war of extermination (_bellum internecinum_). War, however, is only our wretched expedient of asserting a right by force, an expedient adopted in the state of nature, where no court of justice exists which could settle the matter in dispute. In circumstances like these, neither of the two parties can be called an unjust enemy, because this form of speech presupposes a legal decision: the issue of the conflict—just as in the case of the so-called judgments of God—decides on which side right is. Between states, however, no punitive war (_bellum punitivum_) is thinkable, because between them a relation of superior and inferior does not exist. Whence it follows that a war of extermination, where the process of annihilation would strike both parties at once and all right as well, would bring about perpetual peace only in the great graveyard of the human race. Such a war then, and therefore also the use of all means which lead to it, must be absolutely forbidden. That the methods just mentioned do inevitably lead to this result is obvious from the fact that these infernal arts, already vile in themselves, on coming into use, are not long confined to the sphere of war. Take, for example, the use of spies (_uti exploratoribus_). Here only the dishonesty of others is made use of; but vices such as these, when once encouraged, cannot in the nature of things be stamped out and would be carried over into the state of peace, where their presence would be utterly destructive to the purpose of that state.