The Law of Nations

Chapter VI - Of the Enemy’s Allies,—of warlike Associations,— of Auxiliaries and Subsidies

512 book iii: of war chapter vi Of the Enemy’s Allies—of warlike Associations— of Auxiliaries and Subsidies. We have sufficiently spoken of treaties in general, and shall here touch on this subject only in its particular relations to war. Treaties relating to war are of several kinds, and vary in their objects and clauses, according to the will of those who make them. Besides applying to them all that we have said of treaties in general (Book II. Ch. XII. &c.), they mayalso be divided into treaties real and personal, equal and unequal, &c. But they have also their specific differences, viz. those which relate to their particular object, war. Under this relation, alliances made for warlike purposes are divided in general into defensive and offensive alliances. In the former, the nation engages only to defend her ally in case he be attacked: in the latter, she unites with him for the purpose of making an attack,—of jointly waging war against another nation. Some alliances are both offensive and defensive; and there seldom is an offensive alliance which is not also a defensive one. But it is very usual for alliances to be purely defensive : and these are in general the most natural and lawful. It would be a tedious and even a useless task to enumerate in detail all the varieties incident to such alliances. Some are made, without restriction , against all opponents: in others, certain states are excepted: others again are formed against such or such a nation expressly mentioned by name. But a difference, of great importance to be observed, especially in defensive alliances, is that between an intimate and complete alliance, in which we agree to a union of interests,—and another, in which we only promise a stated succour. The alliance in which we agree to a union of interests, is awarlike association: eachof thepartiesactswithhiswhole force; all the allies become principals in the war; they have the same friends and the same enemies. But an alliance of this nature is more particularly termed a warlike association, when it is offensive.§78. Treaties relative to war.§79. Defensive and offensive alliances.§80. Difference between warlike associations and auxiliary treaties. chapter vi 513 When a sovereign, without directly taking part in the war made by another sovereign, only sends him succours of troops or ships, these are called auxiliaries. The auxiliary troops serve the princetowhomtheyaresent,according to their sovereign’s orders. If they are purely and simply sent without restriction, they are to serve equally on the offensive and the defensive; and, fortheparticularsof theiroperations,theyaretoobeythedirections of the prince to whose assistance they come. Yet this prince has not the free and entire disposal of them, as of his own subjects: they are granted to him only for his own wars; and he has no right to transfer them, as auxiliaries, to a third power. Sometimes this succour from a potentate who does not directly take part in the war, consists in money; and then it is called a subsidy. This term is now often taken in another sense, and signifies a sum of money annually paid by one sovereign to another, in return forabodyof troops, which the latter furnishes to the other to carry on his wars, or keeps in readiness for his service. The treaties for procuring such a resource are called subsidiary treaties. France and England have at present such treaties existing withseveral of thenorthernpowersandprincesinGermany, and continue them even in times of peace. In order, now, to judge of the morality of these several treaties or alliances,—of their legitimacy according to the law of nations,—we must, in the first place, lay down this incontrovertible principle, that It is lawful and commendable to succour and assist, by all possible means, a nation engaged in a just war; and it is even a duty incumbent on every nation, to give such assistance, when she can give it without injury to herself. But no assistance whatever is to be afforded to him who is engaged in an unjust war. There is nothing in this which is not demonstrated by what we have said of the common duties of nations towards each other (Book II. Ch. I.). To support the cause of justice when we are able, is always commendable: but, in assisting the unjust, we partake of his crime, and become, like him, guilty of injustice. If, to the principle we have now laid down, you add the consi- deration of what a nation owes to...