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chapter iv 671 when abandoned by their sovereign, become free, and may provide for their own safety in whatever manner they think most advisable (Book I. §202)—if such people, during the course of the war, have voluntarily, and without military compulsion, submitted and given themselves up to the enemy of their former sovereign, the general promise of restoring conquests shall not extend to them. It were an unavailing plea, to allege that the party who requires all things to be replaced on their formerfooting , may have an interest in the independence of the former of those people, and that he evidently has a very great one in the restoration of the latter. If he wished to obtain things which the general clause does not of itself comprise, he should have clearly and specifically expressed his intentions relative to them. Stipulations of every kind may be inserted in a treaty of peace: but if they bear no relation to the war which it is the view of the contracting parties to bring to a conclusion, they must be very expressly specified; for the treaty is naturally understood to relate only to its own particular object. chapter iv Of the Observance and Breach of the Treaty of Peace. The treaty of peace concluded by a lawful power is undoubtedlyapublic treaty, and obligatory on the whole nation (Book II. §154). It is likewise, by its nature, a real treaty; for if its duration had been limited to the life of the sovereign, it would be only a truce, and not a treaty of peace. Besides, every treaty which, like this, is made with a view to the public good, is a real treaty (Book II. §198). It is therefore as strongly binding on the successors as on the prince himself who signed it, since it binds the state itself, and the successors can never have, in this respect, any other rights than those of the state. After all we have said on the faith of treaties and the indispensable obligation which they impose, it would be superfluous to use many words in shewing how religiously treaties of peace in particular should be observed both by sovereigns and people. These treaties concern and§35. The treaty of peace binds the nation and successors.§36. It is to be faithfully observed. 672 book iv: restoration of peace; embassies bind whole nations; they are of the highest importance; the breach of them infallibly rekindles the flames of war;—all which considerations give additional force to the obligation of keeping our faith, and punctually fulfilling our promises. We cannot claim a dispensation from the observance of a treaty of peace, by alleging that it was extorted from us by fear, or wrested from us by force. In the first place, were this plea admitted, it would destroy, from the very foundations, all the security of treaties of peace; for there are few treaties of that kind, which might not be made to afford such a pretext, as a cloak for the faithless violation of them. To authorise such an evasion, would be a direct attack on the common safety and welfare of nations:—the maxim would be detestable, forthesamereasonswhich have universally established the sacredness of treaties (Book II. §220). Besides it would generally be disgraceful and ridiculous to advance such a plea. At the present day, it seldom happens thateitherof thebelligerent parties perseveres to the last extremity before he will consent to a peace. Though a nationmay havelostseveralbattles,shecanstilldefendherself: as long as she has men and arms remaining, she is not destitute of all resource. If she thinks fit, by a disadvantageous treaty, to procure a necessary peace,—if by great sacrifices she delivers herself from imminent danger or total ruin,—the residue which remains in her possessionisstill an advantage for which she is indebted to the peace: it was her own free choice to prefer a certain and immediate loss, but of limited extent, to an evil of a more dreadful nature, which, though yet at some distance, she had but too great reason to apprehend. If ever the plea of constraint may be alleged, it is against an act which does not deserve the name of a treaty of peace,—against a forced submission to conditions which are equally offensive to justice and to all the duties of humanity. If an unjust and rapacious conqueror subdues a nation, and forces her to acceptof hard,ignominious,andinsupportable conditions, necessity obliges her to submit: butthisapparenttranquillity is...

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