International law; Natural law; War (International law)
XVII. It is evident that many writers of acknowledged wisdom, and sober
judgment, have carried the point farther than has been done in this
treatise, in allowing the use of false representations to an enemy. In
cases, where public enemies are concerned, they maintain, that it is
lawful to deviate from those strict rules of avowing and disclosing
all our intentions, which they prescribe, on all other occasions. Such
is the opinion of Plato and Xenophon among the Greeks, of Philo among
the Jews, and Chrysostom among Christians. It may not perhaps be amiss
to cite, in this place, the message sent by the men of Jabesh Gilead
to the Ammonites, by whom they were besieged, and also that of the
prophet Elisha, and at the same time to mention the conduct of Valerius
Laevinus, who boasted of having killed Pyrrhus.
The third, the fourth and fifth observations above made, may be
illustrated from what is said by Eustratus, Archbishop of Nice, "An
able and upright counsellor is not obliged to disclose the whole
truth: for there may be occasions, when it may be necessary for him to
recommend the means of deceiving an enemy, or to employ some stratagem
towards a friend, where it may turn to his advantage."
XVIII. What has been said of false speaking must be understood as
applied to affirmative declarations, which can be prejudicial to no
persons, but public enemies: it can by no means be taken to include
promises. For promises confer upon the person, to whom they are made,
a peculiar right to claim their full performance. And this is a rule,
which must take place, even between public enemies; a rule to which
existing hostilities are not allowed to form an exception. It is a
maxim proper to be enforced in TACIT, as well as in EXPRESS agreements:
as when a parley or conference is demanded, there is always an IMPLIED
promise, that both sides shall attend it with perfect safety. But these
are points reserved for the discussion of another part of this treatise.
XIX. It will be necessary to repeat an observation made before, with
respect to oaths, both of the affirmative and promissory kind, where
it was maintained that they exclude all exceptions, all mental
reservations towards the person, to whom they are made, being regarded
not merely as a solemn transaction with that individual, but as a
stedfast appeal to God. Such an appeal to the supreme being demands the
performance of an oath, even if it gave the individual no right to the
same.
At the same time it was observed, that a sworn declaration is not like
one of any other kind, where an application of terms different from
their usual meaning may supply the speaker with an excuse for evading
their import. But truth requires every declaration and promise to be
made in terms, which it is supposed that every man of integrity and
clear judgment will understand, spurning at the impious thought, that
men may be deceived by oaths, as children are by toys and trifles.
Public-domain text, read in full here on John Shaqi.
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