International law; Natural law; War (International law)
The last passage is taken, almost word for word, from the third book
of Polybius. On which we may observe that the word ALLIES may strictly
mean those, who were so at the time, when the treaty was made, and,
without any forced interpretation, may also be extended to embrace
those, who afterwards became such. To which of these interpretations
the preference is to be given may be seen from the rules above given:
and according to those rules, it will be found, that alliances formed
after the making of the treaty will not be comprehended in it, because
it relates to the breach of a treaty, the violation of which is an
odious act, and tends to deprive the Carthaginians of the liberty of
redressing themselves by force against those who were supposed to have
injured them; a liberty sanctioned by the law of nature, and not to
be abandoned on any slight occasion. Were the Romans debarred then by
this rule from making any treaty with the Saguntines, and defending
them after they became allies? No! they had a right to defend them,
not by virtue of any treaty, but upon principles of natural justice,
which no treaty can annul. The Saguntines therefore with respect to
both powers were in the same situation, as if no engagement had been
made in favour of allies. In this case, it was no breach of treaty for
the Carthaginians, upon just grounds, to commence hostilities against
the Saguntines, nor for the Romans to defend them. Upon the same
principle, in the time of Pyrrhus, it had been stipulated, by treaty,
between the Carthaginians and Romans, that if either of them afterwards
entered into any engagement with Pyrrhus, the party so contracting
should reserve to itself the right of sending succours to the other, if
attacked by that king. Though in that case the war ON BOTH SIDES could
not be just, yet it would involve no infraction of any treaty. This is
an example of a case in equal treaties.
XIV. The case of an unequal treaty may be put, where it is agreed
that one of the confederate parties shall not make war, without the
consent, or by the injunction of the other, which was stipulated in
the treaty between the Romans and Carthaginians, after the conclusion
of the second Punic war. When the term WAR is applied to war of every
description, particularly to offensive rather than defensive war; in a
dubious case, it must be limited to its proper signification, lest the
treaty should operate as too great a restraint upon the liberty of that
power, which has engaged in the unequal treaty.
Public-domain text, read in full here on John Shaqi.
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