The Law of Nations

Chapter XVII - How a Nation may separate herself from the State of which she is a Member, and renounce her Allegiance to her Sovereign when she is not protected

210 book i: nations in themselves deception. However, as some people maintain, that, in this case, the inferior nation has only the right of resistance and of imploring foreign aid,—and particularly as the weak cannot take too many precautions against the powerful, who are skilful in colouring over their enterprises ,—the safest way is to insert in this kind of treaty a clause declaring it null and void whenever the superior power shall arrogate to itself any rights not expressly granted by the treaty. But if the nation that is protected, or that has placed itself in subjection on certain conditions, does not resist the encroachments of that power from which it has sought support,—if it makes no opposition to them,—if it preserves a profound silence, when it might and ought to speak,—its patient acquiescence becomes in length of time a tacit consent that legitimates the rights of the usurper. There would be no stability in the affairs of men, and especially in those of nations, if long possession, accompanied by the silence of the persons concerned, did not produce a degree of right. But it must be observed, that silence, in order to shew tacit consent, ought to be voluntary. If the inferior nation proves that violence and fear prevented its giving testimonies of its opposition , nothing can be concluded from its silence, which therefore gives no right to the usurper. chapter xvii How a Nation may separate itself from the State of which it is a Member, or renounce its Allegiance to its Sovereign when it is not protected. We have said that an independent nation, which, without becoming a member of another state, has voluntarily rendered itself dependent on or subject to it in order to obtain protection, is released from its engagements as soon as that protection fails, even though the failure happen through the inability of the protector. But we are not to conclude that it is precisely the same case with every nation that cannot obtain speedy and effectual protection from its natural sovereign or the state of which it is a member. The two cases are very different. In the former, a§199. How the right of the nation protected is lost by its silence.§200. Difference between the present case and those in the preceding chapter. chapter xvii 211 free nation becomes subject to another state,—not to partake of all the other’s advantages, and form with it an absolute union of interests (for if the more powerful state were willing to confer so great a favour, the weaker one would be incorporated, not subjected),—but to obtain protection alone by the sacrifice of its liberty, without expecting any other return. When therefore the sole and indispensable condition of its subjection is (from what cause soever) not complied with, it is free from its engagements; and its duty towards itself obliges it to take fresh methods toprovideforitsownsecurity.Buttheseveralmembersof oneindividual state, as they all equally participate in the advantages it procures, are bound uniformly to sup-port it: they have entered into mutual engagements to continue united with each other, and to have on all occasions but one common cause. If those who are menaced or attacked might separate themselves from the others in order to avoid a present danger, every state would soon be dismembered and destroyed. It is then essentially necessary for the safety of society, and even for the welfare of all its members, that each part should with all its might resist a common enemy, rather than separate from the others; and this is consequently one of the necessary conditions of the political association. The natural subjects of a prince are bound to him without any other reserve than the observation of the fundamental laws;—it is their duty to remain faithful to him, as it is his, on the other hand, to take care to governthem well: both parties have but one common interest; the people and the prince together constitute but one complete whole, one and the same society. It is then an essential and necessary condition of the political society, that the subjects remain united to their prince, as far as in their power. When, therefore, a city or a province is threatened or actually attacked , it must not, for the sake of escaping the danger, separate itself from the state of which it is a member, or abandon its natural prince, even when the state or the prince is unable...