TREATY. 



merely on things to which we were already bound by the 

 law of nature ; and 2. Thofe by which we engage fome- 

 thing more. Of the firft clafs are all the fimple treaties of 

 peace and friendfhip, when the engagements contrafted in 

 them add nothing to what men owe each other as bretliren, 

 and as members of the human fociety ; as thofe that permit 

 commerce, paflage, &c. Treaties of the fecond clafs, in 

 which fovereigns engage to do what tl)ey are not obliged to 

 perform by the law of nature, are either equal or unequal. 

 Equal treaties are thofe in which the contracting parties pro- 

 mife the fame things, or things that are equivalent, or, in 

 (hort, that are equitably proportioned, fo that their condi- 

 tion is equal ; fuch, e. gr. is a defeniive alliance, in which 

 they reciprocally ftipulate for the fame fuccours : fuch is an 

 ofFenfive alliance, in which it is agreed that each of the allies 

 (hall furnifh the fame number of vefTels, the fame number of 

 troops, of cavalry and infantry, or an equivalent in veffels, 

 in troops, in artillery, or in money. Such is alfo a league, 

 in which the contingent of each of the allies is regulated in 

 proportion to the intereft he takes or may have in the defign 

 of the league. Equal treaties may be fubdivided into as 

 many kinds as the fovereigns have different tranfaftions be- 

 tween them. Thus they treat of the conditions of com- 

 merce, of their mutual defence, of affociations in war, of 

 the paflage they fhall reciprocally gi-ant to each other, or re- 

 fufe to the enemies of their ally, &c. 



Nations ought as much as poffible to preferve equality in 

 their treaties. 



Equal treaties are diilinguifhed from equal aUiances. The 

 former are thofe where equality is kept in promifes ; and 

 the latter are thofe where equal treats with equal, forming 

 no difference in the contrafting parties, or, at leaft, admitting 

 no fuperiority too plainly pointed out ; but only fome pre- 

 eminence of honours and rank. Unequal treaties are thofe 

 in which the allies do not promife the fame things ; and the 

 alliance is unequal when it makes a difference in the dignity 

 of the contracting parties. Thofe unequal treaties that are 

 at the fame time unequal alliances, are divided into two kinds ; 

 the firft, where tlie inequality is found on the fide of the 

 mod conliderable power, and the fecond comprehending 

 treaties where the inequality is on the fide of the inferior 

 power. Unequal alliances are fubdivided into two kinds, 

 fuch as degrade the fovereignty, and fuch as do not. 



By another general divifion of treaties or aUiances, they 

 are diilingui(hed into perfonal and real ; the former are thofe 

 tliat relate to the pcrfon of the contrafting parties, and are 

 rcftrained and in a manner attached to them. Real aUiances 

 relate only to the things of which they treat, without any 

 dependence on the perfon of the contrafting parties. The 

 perfonal alliance expires with him who contrafted it ; but 

 the real alhancc is affixed to the body of the ftate, and fub- 

 fifts as long as the ftate, if the time of its duration is not 

 limited. The alliance terminates as foon as the term of it is 

 expired ; but a treaty made for a time may be renewed by 

 the common confent of the allies, and the renewal is mani- 

 fefted either cxprefsly or tacitly. 



Treaties between nations are facred ; and he who violates 

 his treaties, violates at the fame time the law of nations ; for 

 he defpifes the faith of treaties, that faith which the law of 

 nations declares facred, and he does all in his power to render 

 it vain. But unhappy experience having too fully convinced 

 mankind, that the faith of treaties is not always a fufiicient 

 ivarrant for their being obferved, fecurities have been fought 

 for againft perfidy ; and hence is derived the origin of a gua- 

 ranty, and hojlagc, which fee. The interpretation of trea- 

 ties is fnbjeft to certain rules or maxims, of which writers 

 on this fubjett have enumerated the following. It is not 



aUowable to interpret what has no need of interpretation : 

 if he who can and ought to explain himfelf has not done it, 

 it is to his own damage : neither of the contracting parties 

 has a right to interpret the treaty at his pleafure : what a 

 perfon has fufficiently declared, ought to be taken for true 

 againft him : the interpretation ought to be made according 

 to certain rules prcvioufly underftood and allov/cd. For thefe 

 and other particulars, we refer to Vattel's Law of Nations, 

 b.ii. 



For the folemn manner in which the Romans ufcd to con- 

 clude treaties, fee Livy, lib. i. cap. 24. The ceremonies ob- 

 ferved by the Greeks in making treaties may be feen in Pot- 

 ter, Archasol. Grase. lib. ii. cap. 6. torn. i. p. 252, feq. 



In general, it appears that the ancients were very rehgious, 

 grave and folemn in making treaties ; which were always 

 confirmed by facrifices and mutual oaths, with horrid im- 

 precations on the party that fhould -break the terms of 

 agreement. 



There are treaties of war, of peace, of marriage, of con- 

 federacy, of neutrality, of capitulation, and of commerce 

 and navigation. 



Treaties relating to war are of feveral kinds. Some of 

 thefe are connected with alliances, defenfive and offenfive. 

 Injudgingof the morality of thefe feveral treaties or alliances, 

 or of the lawfulnefs of them, according to the law of na- 

 tions, the foUowing is an inconteftable principle : It is law- 

 ful and commendable to fuccour and affiit, in any way, a 

 nation making a juft war ; and this affiftance is the duty of 

 every nation, which can give it without being wanting to 

 itfelf. But he who makes an unjuft war is not to be affifted 

 in any manner. Other treaties relating to war include thofe 

 of neutrality. Sometimes neceffity renders a treaty of this 

 fort juftifiable ; at other times this kind of treaty is the belt 

 method of fecuring peace, and preventing altercation. 

 Some treaties relate to the paffage of troops through a neu- 

 tral country ; and others to the fearch of neutral fhips, &c. 

 When the powers at war have agreed to lay down their arms, 

 the agreement or contraCt in which they ftipulate the con- 

 ditions of peace, with the manner in which it is to be reftored 

 and fupported, is caUed the " treaty of peace." The effeCt 

 of this treaty is to put an end to the war, and to abohfh the 

 fubjeCt of it. It leaves the contracting parties without any 

 rights of committing hoftihty, either for the very fubjeCl 

 which kindled the war, or for what has paffed in the courfe 

 of it : it is therefore no longer permitted to take up arms 

 again for the fame caufe. Accordingly, in thefe treaties, 

 the parties reciprocally oblige themlelves to a perpetual 

 peace, which is not to be underftood as if the contracting 

 parties promifed never to make war on each other for any 

 caufe whatever. Peace relates to the war which it termi- 

 nates ; and as it forbids the revival of the fame'war by taking 

 arms for the caufe which at firft kindled it, is in reality per- 

 petual. As it is the end of peace to extinguifh all fubjeCts 

 of difcord, amnefty, or a perfeCt oblivion of what is paft, 

 Ihould be the leading article of the treaty ; and though the 

 treaty fiiould be filent on this head, it is neceffarily underftood. 

 This treaty binds the contracting parties from the moment 

 of its conclufion, as foon as it has paffed thi-ough all its 

 forms. From this time aU hoftilities ceafe, unlefs a day is 

 fpecified when the peace ftiall take place ; but this treaty be- 

 comes obhgatory on fubjeCts only from the time of its being 

 notified to them. When no term is affigned for the accom- 

 phfhment of the treaty, and the execution of the feveral 

 articles, common fenfe dictates that every point fhould be 

 executed as foon as poffible. The faith of treaties equaUy 

 excludes from the execution of them all negleCl, aU dilaton- 

 nefs, and deliberate delays. A treaty of peace is a public 

 Y 2 treaty, 



