International law; Natural law; War (International law)
And this, as Gregoras informs us, became a traditionary principle
among all who professed one common religion; nor was it confined
to those, who lived under the authority of the Roman empire, but
prevailed among the Thessalians, the Illyrians, the Triballians, and
Bulgarians.--Though such an abolition of slavery, and mitigation of
captivity may be considered as of trivial import, yet they were effects
produced by the introduction of the Christian religion, especially upon
recollection that Socrates tried, but without effect, to prevail upon
the Greeks to forbear making slaves of each other.
In this respect the Mahometans act towards each other in the same
manner as Christians do. Though it is still the practice among
Christian powers to detain prisoners of war, till their ransom be paid,
the amount of which depends upon the will of the Conqueror, unless
it has been settled by express treaty. The right of detaining such
prisoners has sometimes been allowed to the individuals, who took them,
except where the prisoners were personages of extraordinary rank, who
were always considered as prisoners of war to the state.
CHAPTER VIII.
ON EMPIRE OVER THE CONQUERED.
Civil and sovereign jurisdiction acquired by conquest--Effects
of such acquisition--Absolute power or mixed power gained
by conquest--Incorporeal rights acquired in the same
manner--Thessalian bond considered.
I. If individuals can reduce each other to subjection, it is not
surprising that states can do the same, and by this means acquire
a civil, absolute, or mixed, dominion. So that, in the language of
Tertullian, victory has often been the foundation of dominion, and it
often happens, as Quintilian remarks, that the boundaries of states and
kingdoms, of nations and cities, can only be settled by the laws of war.
Quintus Curtius relates of Alexander, that he said, it was for
conquerors to dictate laws, which the conquered were bound to receive.
This has always been a general opinion and rule, thus Ariovistus, in
Caesar, laid it down as an indubitable right of war, for the conqueror
to impose whatever terms he pleased upon the conquered, nor did he
suppose the Roman people would allow any one to interpose with them in
the discretionary use of this right.
By conquest, a prince succeeds to all the rights of the conquered
sovereign or state; and if it be a commonwealth, he acquires all the
rights and privileges, which the people possessed. He gains the same
right, which the state had before, to alienate the possessions, or to
transmit them if he chuses to his descendants, by which means they will
become a patrimonial territory.
Public-domain text, read in full here on John Shaqi.
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