International law; Natural law; War (International law)
VI. War then being an object of such weighty magnitude, in which the
innocent must often be involved in the sufferings of the guilty,
between wavering opinions the balance should incline in favour of peace.
There are three methods, by which independent nations may settle their
disputed rights without coming to the decision of the sword.
VII. The first method is that of conference. For, in the words
of Cicero, "there being two methods of deciding quarrels, the
one by discussion and the other by force, the former, a peculiar
characteristic of man, and the latter, of the brute creation: when
the first of these methods fails, men are obliged to have recourse
to the latter." Mardonius, in the Polyhymnia of Herodotus, blames
the Grecians, who, being united in one language, might settle their
quarrels by messengers of peace, by heralds, and negotiations, rather
than by war.
VIII. The other method is that of compromise, which takes place
between those, who have no common judge. Among innumerable instances
of this kind in ancient history, we may select that given by Xenophon
in his account of Cyrus, where that prince takes the king of the
Indians for arbitrator between himself and the king of Assyria. The
Carthaginians in their disputes with Masinissa prefer a settlement of
this kind before a decision of war. Livy too informs us that the Romans
themselves, in a dispute with the Samnites, made an appeal to the
common allies of both.
The office of deciding wars and putting an end to the contentions of
armies was assigned, according to Strabo, to the Druids of the Gauls,
and upon the testimony of the same writer, it formed a part of the
priestly functions among the Iberians.
Surely then it is a mode of terminating their disputes, balancing
their powers, and settling their pretensions worthy to be adopted by
Christian Kings and States. For if, in order to avoid trials before
judges who were strangers to the true religion, the Jews and Christians
appointed arbitrators of their own, and it was a practice recommended
and enjoined by St. Paul, how much more ought such a practice to be
recommended and enforced, to gain the still nobler end of preventing
the calamities of war.
These and many other reasons of no less importance might be advanced
for recommending to Christian powers general congresses for the
adjustment of their various interests, and for compelling the
refractory to submit to equitable terms of peace.
IX. A third method of terminating disputes, without hostilities, was
by lot, a practice commended by Dion Chrysostom in his speech on the
interposition of fortune in directing affairs, and it was commended
long before him by Solomon in the xviii. chapter of his Proverbs.
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