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Not to be pursued to
caufe. It follows then, in virtue of the voluntary laws of nations, (fee Prelim. § 21) that the two parties may act as having an equal right, and behave accordingly, till the decifion of the affair.
But we ought not to abuse this maxim for auan extreme. thorizing odious proceedings against the tranquillity of ftates. It is a violation of the law of nations to perfuade thofe fubjects to revolt who actually obey their fovereign, though they complain of his go
fubjects to a revolt.
The practice of nations is conformable to our maxims. When the German proteftants came to the affiftance of the reformed in France, the courtnever undertook to treat them otherwife than as common enemies, and according to the laws of war. France at the fame time affifted the Netherlands, which took up arms against Spain, and did not pretend that her troops fhould be confidered upon any other footing than as auxiliaries in a reAttempt to gular war. But no power avoids complaining of an atrocious injury, if any one attempts by his emiffaries to excite his fubjects to revolt.
excite fubjects to re
As to those monfters who, under the title of fovereigns, renders themselves the scourges and horrour of the human race; thefe are favage beafts, from which every brave man may justly purge the earth. All antiquity has praised Hercules for delivering the world from an Antæus, a Bufiris, and a Diomedes.
Book 4. Chap. 2. § 14. After ftating, that nations have no right to interfere in domeftick concerns, he proceeds" But this rule does not pre"clude them from efpousing the quarrel of a de"throned king, and affifting him, if he appears "to have juftice on his fide. They then de"clare themselves enemies to the nation who has
acknowledged his rival, as when two different "nations are at war they are at liberty to affift that "whofe quarrel they think has the faireft appear
BOOK II. CHAP. XII. § 196.
It is afked if that alliance fubfifts with the king, and the royal family, when by fome revolution they are deprived of their crown? We have lately remarked, (§. 1.94) that a perfonal alliance expires with the reign of him who contracted it: but that is to be understood of an alliance with the ftate, limited as to its duration, to the reign of the contracting 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 publick acts of its foveregin, it is made directly in favour of the king and his family; it would therefore be abfurd for it to terminate at the moment when they have
need of it, and at an event against which it was made.
When an preferve a
Besides, the king does not lofe his quality merely by the loss of his kingdom, If he is ftripped of it unjustly by an ufurper, or by rebels, he preferves his rights, in the number of which are his alliances.
But who fhall judge, if the king be dethroned lawfully or by violence? An independent nation
By the feventh Article of the Treaty of TRIPLE ALLIANCE, between France, England, and Holland, figned at the Hague, in the year 1717, it is ftipulated, "that if the kingdoms, coun"tries, or provinces, of any of the allies, are disturbed by in"teftine quarrels, or by rebellions, on account of the faid fucceffions, [the proteftant fucceflion to the throne of Great Britain, and "the fucceffion to the throne of France, as fettled by the treaty "Utrecht] /or under any other pretext whatever, the ally thus "in trouble fhall have full right to demand of his allies the fuc❝cours abovementioned ;" that is to fay, the fame fuccours as in the cafe of an invafion from any foreign power; Sooo foot and 2000 horse to be furnished by France or England, and 4000 foot and 1000 horse by the States General.
By the fourth Article of the Treaty of QUADRUPLE ALLIANCE, between England, France, Holland, and the Emperour of Germany, figned in the year 1718, the contracting powers "promife and oblige themselves that they will and ought to "maintain, guarantee, and defend the right and fucceffion to "the kingdom of France, according to the tenour of the treaties "made at Utrecht the 11th day of April, 1713; and this they "fhall perform against all perfons whatsoever who may prefume to "difturb the order of the faid fucceffion, in contradiction to the pre"vious acts and treaties fubfequent, thereon."
The above treaties have beeen revived and confirmed by every fubfequent treaty of peace between Great Britain and France. -EDIT.
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 cenfure it. The perfonal ally of this king, ought not then to affift him against the nation that has made ufe of its right in depofing him if he attempts it, he injures that nation. England declared war against Louis the XIV. in the year 1688, for fupporting the intereft of James the Second, who was depofed in form by the nation. The fame country declared war against him a second time, at the beginning of the prefent century, because that prince acknowledged the fon of the depofed James, under the name of James the Third. In doubtful cafes, and when the body of the nation has not pronounced er HAS NOT PRONOUNCED FREELY, a fovereign may naturally fupport and defend an ally, and it is then that the voluntary law of nations fubfifts between different states. The party that has driven. out the king, pretends to have right on its fide: this unhappy king and his ally, flatter themselves with having the fame 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.
In short, when the foreign prince has faithfully: fulfilled
in aid may
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Not obliged fulfilled his engagements towards an unfortunate to purfue his right be- monarch, when he has done in his defence, or to procure his restoration, all he was obliged to per-. form in virtue of the alliance; if his efforts are ineffectual, the dethroned prince cannot require him to fupport an endless war in his favour, or expect that he will eternally remain the enemy of the nation, or of the fovereign who has deprived him of the throne. He muft think of peace, abandon the ally, and confider him as having himself abandoned his right, through neceffity. Thus Louis XIV. was obliged to abandon James the Second, and to acknowledge king William, though he had at first treated him as a ufurper.
The fame queftion presents itself in real alliances, and in general, in all alliances made with the ftate, and not in particular with a king for the defence of his perfon. An ally ought, doubtless, to be defended against every invafion, against every foreign violence, and even against his rebellious fubjects; in the fame manner a republick ought to be defended against the enterprizes of one who attempts to destroy the publick liberty. But it ought to be remembered, that an ally of the ftate, or the nation, is not its judge. If the nation has depofed its king in form; if the people of a republick have driven out their msgiftrates and fet themselves at liberty, or acknowledged the authority of an ufurper, either exprefsly or tatacitly;