International law; Natural law; War (International law)
XXV. In speaking of motives and reasons, it is proper to observe, that
they some times comprehend things, considered not according to their
actual existence, but according to their moral consequences: in which
case it is by no means right to limit the words of a treaty to their
literal meaning, but the utmost extent of interpretation is allowable,
in order to maintain the spirit as well as the letter of such treaties.
Thus if it be stipulated that no troops or ships shall be brought to a
certain place, or within a certain distance, the prohibition excludes
ALL ships or troops from being brought thither, even under the fairest
and most harmless pretences. For the purport of the treaty is to guard
not only against actual mischief but even against remote danger.
It is a point often disputed, whether the continuance of things in
their present state is a tacit condition, on which the fulfilment of
all promises is founded. A position that can by no means be maintained,
unless it appears that such continuance was the sole motive upon
which the treaties were made. As in many parts of history, we read of
ambassadors having relinquished their missions, and returned home,
upon finding the state of things so changed that the object of their
embassies was at an end.
XXVI. When an emergency arises repugnant to the general intention of an
act, it is explained by the ancient masters of rhetoric under the head
of expression and design. Now this variation between the emergency and
the intention is of a twofold nature. For the will and its intention
are to be collected either from natural reason or from some outward
sign. In judging of the will by natural reason, Aristotle, who has
treated the subject with great accuracy, makes the MIND the SEAT OF
JUDGMENT, and the WILL the SEAT OF EQUITY, which he nobly defines to
be the correction of that, wherein the law, by reason of its universal
nature is defective.[49]
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