Not to be pursued to an extreme. Endeavour to persuade subfects to a re volt. But we ought not to abuse this maxim for authorizing odious proceedings against the tranquillity of states. It is a violation of the law of nations to persuade those subjects to revolt who actually obey their sovereign, though they complain of his government. The practice of nations is conformable to our maxims. When the German Protestants came to the assistance of the reformed in France, the court never undertook to treat them otherwise than as common enemies, and according to the laws of war. France at the same time assisted the Netherlands, which took up arms against Spain, and did not pretend that her troops should be considered upon any other footing than as auxiliaries in a regular war. Attempt to ex- But no power avoids complaining of an atrocious injury, if any one attempts by his emissaries to excite his subjects to revolt. As to those monsters, who, under the title of Tyrants. sovereigns, render themselves the scourges and horror of the human race; these are savage beasts, from which every brave man may justly purge the earth. All antiquity has praised Hercules for delivering the world from an Antæus, a Busiris, and a Diomedes. Book 4. Chap. 2. § 14. After stating that nations have no right to interfere in domestic concerns, he proceeds,-" But this rule does not preclude them from espousing the quarrel of a dethroned king, and assisting him, if he appears to have justice on his side. They then declare themselves enemies to the nation who has acknowledged his rival, as when two different nations are at war they are at liberty to assist that whose quarrel they think has the fairest appearance." CASE OF ALLIANCES. BOOK II. CHAP. XII. § 196. It is asked if that alliance subsists with the king, and the royal family, when by some revolution they are deprived of their crown? We have lately remarked, (§ 194,) that a personal alliance expires with the reign of him who contracted it: but that is to be understood of an alliance with the state, limited as to its duration, to the reign of the contracting it When an alliance to preserve a king takes place. king. This of which we are here speaking is of another nature. For though it binds the state, since it is bound by all the public acts of its sovereign, it is made directly in favour of the king and his family; would therefore be absurd for it to terminate at the moment when they they have need of it, and at an event against which it was made. Besides, the king does not lose his quality merely by the loss of King does not his kingdom. If he is stripped of it unjustly by lose his quaan usurper, or by rebels, he preserves his rights, of his kingin the number of which are his alliances. lity by the loss dom. But who shall judge, if the king be dethroned lawfully or by violence? An independent nation acknowledges no judge. If the body of the nation declares the king deprived of his rights by the abuse he has made of them, and deposes him, it may justly do it when its grievances are well founded, and no other power has a right to censure it. The personal ally of this king ought not then to assist him against the nation that has made use of its right in deposing him: if he attempts it, he injures that nation. England declared war against Louis XIV. in the year 1688, for supporting the 1 By the seventh Article of the Treaty of TRIPLE ALLIANCE, between France, England, and Holland, signed at the Hague, in the year 1717, it is stipulated," that if the kingdoms, countries, or provinces, of any of the allies, are disturbed by intestine quarrels, or by rebellions, on account of the said successions, [the Protestant succession to the throne of Great Britain, and the succession to the throne of France, as settled by the treaty of Utrecht,] or under any other pretext whatever, the ally thus in trouble shall have full right to demand of his allies the succours above mentioned; " that is to say, the same succours as in the case of an invasion from any foreign power; 8000 foot and 2000 horse to be furnished by France or England, and 4000 foot and 1000 horse by the StatesGeneral. By the fourth Article of the Treaty of QUADRUPLE ALLIANCE, between England, France, Holland, and the emperor of Germany, signed in the year 1718, the contracting powers "promise and oblige themselves that they will and ought to maintain, guarantee, and defend the right and succession to the kingdom of France, according to the tenor of the treaties made at Utrecht the 11th day of April, 1713; and this they shall perform against all persons whatsoever who may presume to disturb the order of the said succession, in contradiction to the previous acts and treaties subsequent thereon." The above treaties have been revived and confirmed by every subse quent treaty of peace between Great Britain and France.-EDIT. But we ought not to abuse this maxim for aupa therining odious proceedings against the tranqy of states. It is a violation of the law of ors to persuade those subjects to revolt who ->y obey their sovereign, though they complain it is government. The practice of nations is conformable to our maxims. When the German Protestants came to the assistance of the ernet n France, the court never undertook to treat them Crv ss common enemies, and according to the avi v France at the same time assisted the NetherALEX VICI ROK arms against Spain, and did not pretend mat het zogs should be considered upon any other footing * as surlaries in a regular war. But no power crouts complaining of an atrocious injury, en me attempts by his emissaries to excite his As to those monsters, who, under the title o seres render themselves the scourges an de human race; these are savage beasts, fr what we here man may justly purge the earth. BLY IS Ted Hercules for delivering the world $res & Stands Diomedes. Sox & Chap. 2 §14 After stating that nations NN BRCIe domestic concerns, he proceeds FAN Rt preciade them from espousing t a s keramel kg, and assisting him, if he appe s se. Ther then declare themsel * man vie has acknowledged his rival diferents rest war they are at liberty That pure they think has the fairest appea CASE OF ALLIANC ROX CHAP. XII. § hasil sance subsists wi NYX SY, Then by some revolution th thor? We have lately remarked, (§ ** 278 Ces with the reign of him due is te be understood of an allis Imes & duration, to the reig interest of James the Second, who was deposed in form by the nation. The same country declared war against him a second time, at the beginning of the present century, because that prince acknowledged the son of the deposed James, under the name of James the Third. In doubt Case wherein a:1 may be given to a deposed king. ful cases, and when the body of the nation has not pronounced, or HAS NOT PRONOUNCED FREELY, a sovereign may naturally support and defend an ally, and it is then that the voluntary law of nations subsists between different states. The party that has driven out the king pretends to have right on its side: this unhappy king and his ally flatter themselves with having the same advantage; and as they have no common judge upon earth, they have no other method to take but to apply to arms to terminate the dispute: they therefore engage in a formal war. Not obliged to pursue his right beyond a certain point. In short, when the foreign prince has faithfully fulfilled his engagements towards an unfortunate monarch, when he has done in his defence, or to procure his restoration, all he was obliged to perform in virtue of the alliance; if his efforts are ineffectual, the dethroned prince cannot require him to support an endless war in his favour, or expect that he will eternally remain the enemy of the nation, or of the sovereign who has deprived him of the throne. He must think of peace, abandon the ally, and consider him as having himself abandoned his right, through necessity. Thus Louis XIV. was obliged to abandon James the Second, and to acknowledge King William, though he had at first treated him as an usurper. The same question presents itself in real alliances, and, in general, in all alliances made with the state, and not in par. ticular with a king for the defence of his person. fence against An ally ought, doubtless, to be defended against every invasion, against every foreign violence, and even against his rebellious subjects; in the same manner a republic ought to be defended against the enterprises of one who attempts to destroy the public liberty. But it ought to be remembered, that an ally of the state, or the nation, is not its judge. If the nation has deposed its king in form; if the people of a republic have driven out their magistrates and set themselves at liberty, or acknowledged the authority of an usurper, either expressly or tacitly; to oppose these Case of de subjects. |