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right to interfere in the negociations for peace. In gene¬ 
ral, he who gives the aid may require of him wdio receives 
it to aid him in his turn, if he Ihould be in danger in con-, 
fequence of having given it; but a compenfation for lolfes 
is never made between allies who carry on the war in com¬ 
mon. 
An’ ally, of whatever defcription, ought to commit 
no violence againtt his ally; and ought at lead to ob¬ 
ferve towards him the fame friendly conduft that his duty 
requires him to obferve towards a neutral power. 
In ftriftnefs, a belligerent power has a right to treat as 
his enemies all the powers which lend affiftance to the 
enemy, from whatever motive, or in confequence of what¬ 
ever treaty. However, policy has induced the powers of 
Europe to depart from this rigorous principle. They now 
admit, x. That a fovereign who furnifhes troops in virtue 
of a treaty of fubfidy, does not thereby become the ene¬ 
my of the power again ft which thefe troops aft. 2. That, 
as long as a fovereign fends to the affiftance of his ally no 
more than the number of troops ftipulated for in the trea¬ 
ty of alliance, and does not authorize them to ferve upon 
any other footing than the one fpecified in the treaty, fuch 
fovereign ought to be looked upon as an auxiliary, and 
not as the enemy of the power againft which his troops 
make war ; and, of courfe, that fuch fovereign ought to 
be permitted to enjoy his rights of neutrality. This is 
more efpeciaiiy the cafe, when the aid of an auxiliary is 
the confequence of a treaty of general defcnfvc alliance con¬ 
cluded before the beginning of a war. 
Some powers have claimed the rights of neutrality, even 
•while they w'ere furniiliing the greateft part of their troops, 
and contributing principally to the refilling of the enemy, 
and the continuation of the war. But imperative circurn- 
fiances and motives of policy alone can induce the ene¬ 
my to treat fuch. powers as neuter; for, when two powers 
become allies in form, by carrying on the war in com¬ 
mon, and with all their forces, it is clear that they may 
and ought to be treated as enemies by the adverfe party. 
5. Neutrals. A ftate not engaged to either of the bel¬ 
ligerent powers by a treaty of alliance, or bound to them by 
the ties vaffalage, affociation, or the like, is under noperfeft 
obligation to take a part in the war. Provided, then, that 
fuch ftate obferves what is required of it, by a ftrift neu¬ 
trality, it has a right to infill upon being treated as neu¬ 
tral by the powers at war; and, confequentiy, thofe pow¬ 
ers ought to defift from all violences towards it, except 
fuch as abfolute neceftity may authorize. 
To obferve an entire neutrality, a ftate mu ft, 1. Abftain 
from all participation in warlike expeditions. 2. It muft 
grant or refufe nothing to one of the belligerents, which 
may be ufeful or neceflary to fuch power in profecuting 
the war, without granting or refilling it to the adverfe 
party ; or, at leaft, it muft not efrablilh an inequality in or¬ 
der to favour one of the parties more than the other. The 
moment a neutral power deviates from thefe rules, its neu¬ 
trality is no longer entire , but limited ; and indeed, though 
neutral ftates fometimes promife men, and enter into a 
fort of conventional neutrality, a limited neutrality is all 
that the laws of neutrality impofe. A fo’-ereign who 
lends affiftance to one of the belligerents, either ir. troops 
or money, cannot in ftriftnefs claim the treatment due to 
a neutral power. 
Every fovereign has a right, in time of peace, to grant 
or refufe to another power the liberty of railing troops in 
his territory ; of marching a body of troops into or through 
his territory; and may grant to one power what he re- 
fufes to another. In time of war he may do the fame. 
He has a right to grant or refufe to the belligerents, and 
obferve the fame inequality towards them, as he did in 
time of peace, without thereby deviating from the difpen- 
fation of that impartiality which ought to be entertained 
by every neutral power. 
In praftice it is generally admitted, that it is no more 
lawful in time of war than in time of peace to enter with 
an armed force into a neutral territory, without previous 
A W. 
permiffion ; but neceftity is fometimes pleaded in juftifi- 
cation of a tranfgreflion of this rule. Every inequality, 
obferved by a neutral towards the belligerents, is looked 
upon as being, in faft, contrary to the laws of neutrality ; 
and either of the belligerent powers looks upon itfelf as 
having a right to take by force what a neutral power re- 
fufes to grant, if the neutral grants it to the other belli¬ 
gerent. An equality real or apparent, obferved by a neu¬ 
tral power, does not always fatisfy the belligerents; one 
of thefe fometimes hinders by force the enemy from ob¬ 
taining from a neutral what, if granted to both, would be 
more ufeful to the enemy than itfelf; fo alfo, one of the 
belligerent powers procures, by force, what, if refufed to 
both, would be more difadvantageous to it than to the 
enemy ; in both thefe cafes, an unreal impartiality is al¬ 
leged, or elfe the law of neceftity. 
Hoftilities begun or continued in a neutral territory 
muft violate the rights of fovereignty of the neutral power; 
and therefore the law of nations forbids the belligerent 
powers to begin or continue hoftilities in the territory, or 
on the parts of the fea, under the dominion of a neutral 
power. This point is acknowledged by the cuftoms and 
general praftice of the nations of Europe, and is often 
confirmed by treaty: nothing is more common than fti- 
puiations not to commit or fuffer hoftilities in a neutral 
territory ; and, though there are but too many examples 
of violations of this kind, yet they always produce com¬ 
plaints, and can only be juftified by extreme neceftity. It 
cannot, then, be lawful to take the property of an enemy 
in the territory of a neutral power; and, of courfe, the 
booty that a captor brings or fends into a neutral terri¬ 
tory cannot, on that account, be claimed by the original 
proprietor. The captor may even fell fuch booty in a 
neutral territory, if it has not been otherwife fettled by 
treaty. 
The property of a neutral power, whether movable or 
immovable, found in the territory of an enemy, ought to 
be exempt from hoftilities; the belligerents have no right 
whatever to touch it. Accordingly, this rule is obferved 
as much as the troubles and confufion of war wiii permit. 
It is doubtful if ihe law of nations authorizes a fove¬ 
reign, except in cafes of extreme neceftity, to lay an 
embargo on the neutral veflels that happen to be in his 
ports at the breaking out of a war, and to feize on them 
in order to employ them in the fervices of his fleet, on pay¬ 
ing them for their fervices. Cuftom has, it is true, in¬ 
troduced the exercife of this right ;'but it has been abo- 
iiihed by a great number of treaties, as for inftance be¬ 
tween France and Holland in 1739, an< ^ between Ruftia and 
England in 173+and 1766. 
One of the moft important points to be confidered in 
refpeft of the laws of neutrality, is the commerce carried 
on between neutral and belligerent nations. 
The right that a nation enjoys, in time of peace, of fell¬ 
ing and carrying all forts of merchandife to every nation 
that choofes to trade with it, it enjoys alfo in time of war, 
provided that it remains neuter. It therefore follows, that 
a neutral nation may permit its fubjefts to carry all 
forts of merchandife, including arms and ammunition, to 
the powers at war, or to that with which this commerce 
may be carried on to the greateft advantage. So long as 
the ftate, that is the fovereign power in a neutral nation, 
does not interfere, by prohibiting commerce with either 
or all the powers at war; fo long, it would feem, the na¬ 
tion does not tranlgrefs the laws of neutrality. However, 
a pouter at war having a right to hinder its enemy from rein¬ 
forcing itfelf, by the reception of warlike fores, necefjity autho¬ 
rizes theirJ'eizure, to prevent merchandife of this kind from 
being conveyed to the enemy by a neutral power; but, in 
all fuch cafes, the captor ought to content himfelf with 
fequeftering fuch merchandiles till the end of the war; 
or, if he applies them to his own life, he ought to pay 
the full value to the neutral proprietor. The right of 
confifcating fuch merchandiles, or the veiTei on-board cf 
which they are found, leems not to belong to a bellige- 
1 rent. 
