Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1763 edition. Excerpt: ... Ms silence alone does not imply a ratification, unless it be accompanied with some act, or other circumstance, which cannot well bear another explication. And much more, if the agreement was made upon condition of its being ratified by the sovereign, it is of no force till he has ratified it in a formal manner. CHAP. X. Of compaSis made with an enemy. J. AMONG public compacts, those which suppose a state of war, and are made with an enemy, deserve particular attention. Of these there are two kinds; some which do not put an end to the war, but only moderate or suspend the acts of hostility; and others, which end the war intirely. But before we consider these compacts in particular, let us inquire into the validity of them in general. Whether we ought to keep our faith given to an enemy? II. This question is certainly one of the most curious and important belonging to the Jaw of nations. Grotius and Puffendorf are not agreed in this point. The former maintains, that all compacts made with an enemy ought to be kept with an inviolable sidelity. But Puffendorf is somewhat dubious with respect to those compacts, which leave us in a state of war, without a design to remove it. Let us therefore endeavour to establish some princi Y 3 pies, pies, by means of which we may'determine with rew ipect to these two opinions. III. I observe, i. That though war of itself destroys the state of society between two nations, we must not thence conclude that it is subjected to no law, and that all right and obligation are absolutely at an end between enemies. 2. On the contrary, every body grants that there is a right of war, obligatory of itself, between enemies, and which they cannot violate, without being; defective in their duty. This is what we have proved..