International law; Natural law; War (International law)
II. The right of conquest may go even beyond this. A state may hereby
lose its political existence, so far as to form an appendage to another
power, which was the case with the Roman provinces: or if a king
engaged in war against a state, at his own expence, has reduced it to
complete subjection, his authority over it becomes an absolute, rather
than a limited sovereignty. It can no longer be called an independent
state, but, by the right of conquest, forms an integral part of the
prince's immediate dominions. Xenophon in drawing the character of
Agesilaus, commends him for requiring no other services and obedience
of the cities he had conquered, than what is usually paid by subjects
to their lawful sovereigns.
III. From hence it will be easy to understand what is meant by a mixed
government, composed partly of civil, and partly of absolute power;--it
is a government, where subjection is united with some degree of
personal liberty.
We sometimes read of nations, that have been so far subdued, as to be
deprived of the use of all warlike arms, being allowed to retain no
instruments of iron, but the implements of husbandry; and of others,
that have been compelled to change their national customs and language.
IV. States as well as individuals may lose their property by the laws
of war: and even a voluntary surrender is in reality nothing more
than giving up what might have been taken by force. For as Livy says,
where all things submit to the power of arms, the conqueror may impose
whatever terms, and exact whatever fines he pleases. Thus the Roman
people by the victories of Pompey acquired all the territories, which
Mithridates had gained by conquest.
The incorporeal rights too, belonging to one state, may pass to another
by the rights of conquest. Upon the taking of Alba, the Romans retained
all the rights belonging to that city. From hence it follows, that the
Thessalians were released from the obligation of paying a sum of money,
which they owed to the Thebans; Alexander, upon the taking of Thebes,
having, as a conqueror, forgiven the debt. Nor is the argument used by
Quintilian in favour of the Thebans, at all convincing: he maintains
that nothing but what is of a tangible nature can pass by right of
conquest, a class of things to which incorporeal rights can never be
reduced: and that there is a material difference between inheritance
and victory, the former of which may convey incorporeal rights, but the
latter can give nothing except things of a solid and visible substance.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account