International law; Natural law; War (International law)
It is a just remark of Cicero's, that the language of logic is not
that of daily and familiar intercourse: the writers of that class have
phrases peculiar to themselves: which indeed is the case with arts
of every description. So in treaties, where military arrangements
occur, an army is defined to be a number of soldiers capable of OPENLY
invading a foreign, or an enemy's country. For historians everywhere
make a distinction between the private incursions of robbers, and
what is done by a lawful and regular army. What constitutes an army
must be therefore judged of by the enemy's force. Cicero defines an
army to consist of six legions and auxiliaries. Polybius says, that a
Roman army in general amounted to sixteen thousand Romans, and twenty
thousand auxiliaries. But a military force might be composed of a less
number of troops than this. In the same manner the number of ships
sufficient for any purpose will amount to a fleet, and a place able to
hold out against an enemy may be called a fort.
IV. It is necessary to make use of conjecture, where words or sentences
admit of many meanings: A mode of expression when included in one word,
is called by Logicians, a synonymous term, and, when extending to two
or more words, a doubtful phrase. In the same manner it is necessary
to have recourse to conjecture whenever a seeming contradiction occurs
in the expressions of a treaty. For in that case we must try to
discover such conjectures, as will reconcile, if possible, one part
with another. For if there be an evident contradiction, the contracting
parties by their latter determinations, must have intended to abrogate
their former; as no one can design to make contradictory resolutions
at the same time. Indeed all acts depending upon the human will, as
in the case of laws and testaments, which depend upon the will of one
party, and in contracts and treaties, which depend upon that of two or
more, all these acts are liable to changes, with a subsequent change
of will in the parties concerned. In all such cases any obscurity in
the language obliges us to have recourse to conjectures, which are
sometimes so obvious, as to point out a meaning directly contrary to
that of the words in their usual acceptation. Now the principal sources
of conjecture are to be found in the subject-matter, the consequences,
and the circumstances and connection.
V. From the subject or matter, as for instance, in the word day. Thus
if a truce be made for thirty days, here civil and not natural days are
meant.[46]
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