International law; Natural law; War (International law)
XV. Of the same kind is the promise given by the Romans, that Carthage
should be free, which could never mean the enjoyment of complete
independence, by a people, who had long before lost the right of making
war, and many of their other privileges. Yet it left them some degree
of liberty, so much at least, that they should not be obliged to remove
the seat of their government at the command of any foreign power, and
gave them a pledge that their city should not be disturbed. It was
in vain then for the Romans to urge that it was only the city which
was intended. Whereas those acquainted with the use of metaphorical
language know that by the city is frequently meant the inhabitants, and
government with its privileges, and not the mere walls and houses. For
the term, BEING LEFT FREE, implies that the people should enjoy their
own laws.
XVI. The nature of personal and real treaties is a frequent subject of
inquiry, which may properly be examined in this place. Indeed in all
transactions with a free people, the engagements entered into with them
are of a real nature; because the subject of them is a permanent thing.
So permanent, that, although a republican be changed into a regal
government, a treaty will remain in force: for the political body
continues the same, although the head be changed, and the sovereign
power, which before was diffused among many members, is now centered in
one. Yet this rule will admit of an exception, where it is evident that
the specific form of government made an essential part of the treaty,
as when two states make a federal union for the mutual preservation
of their political systems. But if a treaty be made with a KING OR
SOVEREIGN PRINCE, it does not consequently follow that it is to be
considered only as a PERSONAL and not a REAL treaty. For the name of a
person may be inserted in a treaty, not merely to give it the character
of a personal treaty, but to point out the contracting parties. And
this will be still more evident, if, as is usual in most treaties, a
clause is annexed declaring it to be perpetual, or made for the good of
the kingdom, or with the king himself, and his successors, and it will
also be considered as a real treaty, even if it is stated to be passed
for a definite time. The treaty between the Romans and Philip, King of
the Macedonians, seems to have been of this description, which, upon
the refusal of his son to continue it, gave rise to a war.
Public-domain text, read in full here on John Shaqi.
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