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times entered into ; as, for inftance, where one of the bel¬ 
ligerents lets un a claim, with refped to which a poli- 
tive fatisfadion is demanded before the claimant will lif- 
ten to the proportions of peace. Such was the claim of 
Great Britain with rcfpedi to the renunciation of Phi¬ 
lip V. of the crown of France, and with refped to dJJicnio 
before the treaty of Utrecht. 
Before a congrefs is aflembled, the belligerent powers 
make arrangements with refped to the time and place of 
affefnbling, the powers that are to be admitted to affift at 
It ; the neutrality of the place and its environs ; the fe- 
curity of the minifters, and their niefiengers ; the cere¬ 
monial to be obferved at the congrefs. Thefe fometimes 
occalion a fecond fort of preliminary conventions, and 
even preliminary congrelTes. 
It is now the cuftom, in order to avoid difputes with 
refpCd to the ceremonial, to give the minifters who are fent 
to the congrelTes the title of plenipotentiaries only, and not 
that of amballadors. Thefe minifters interchange their 
full powers, or other'wile put them into the hands of the 
mediator. 
The conferences are carried on by the minifters alone, 
or with the participation of the mediator. Sometimes 
they are held in a public building; fometimes in the 
dwelling of the mediator; and fometimes at thofe of the 
minifters alternately; on which occafions, the precedence 
is yielded to the mediator. 
Thefe conferences are continued, either verbally or in 
writing, till the treaty is finillied, or till, after ufelefs at¬ 
tempts to come to an amicable adjuftment, the congrefs is 
diftolved. 
When a treaty is to be negociated by the belligerent 
powers, as the negociations can hardly ever be brought 
to a dole by writing, of which the negociation between 
France and England, in 1761, is an inftance, both parties 
have recourle to minifters plenipotentiary; who in fuch 
cafe ought, 1. to be fent by the two powers at the fame 
time; 2. to be furnilhed with full powers; 3. to carry 
with them letters of credence addrefted to the fecretary or 
minifter of ftate, as they do not ufually obtain an audi¬ 
ence; 4. to be furnilhed with pafl’ports by the enemy. 
Thus, when their quality and character are authenticated, 
they enter into conferences with the fecretary or minifter 
of ftate, or with the mediator if there be one, and con¬ 
tinue them till the articles of the peace are concluded on, 
or till they are recalled or fent away. 
Preliminary articles of peace, are generally formed when 
the negociators have come to an agreement on the points 
which are to l'erve as the bafis of a treaty of peace, and 
there remain certain difficulties to be done away, which 
are not of importance enough to induce the parties to con¬ 
tinue or renew the war. Thofe treaties differ as to their 
form; fometimes they are mere minutes; and fome¬ 
times they have all the claufes ufually found in formal 
treaties. In general, when ligned and ratified , they are 
obligatory, even before the definitive treaty is concluded, 
and remain fo if the definitive treaty fliould not be con¬ 
cluded, unlefs it has been otberwife agreed on. When 
the preliminary articles are concluded upon, the parties 
continue to negotiate on the points that remain unfettled, 
in order to conclude and ratify the definitive treaty. 
In a definitive treaty of peace, the general articles, which 
bear a ftrong refemblance to each other in all treaties of 
peace, are difiinguiihable from ihc particular articles, which, 
being proper to the treaties in which they are inferted, 
are not fufceptible of comparifon. After the introduc¬ 
tion, ufually follow the general articles, refpecling the re- 
eftablifhment of peace and friendftiip, and at what periods 
of time hoftilities (hall ceafe in different parts; alio con¬ 
tributions, the exchange or releafe of prifoners of war, 
and general amnefty. Then follow the principal particu¬ 
lar articles, which, after having lpecified and renewed the 
treaties that are to ferve as the baiis of the peace, treat of 
the matters concerning the decifion of the difpute which 
-®ccafiosied the war, and particularly of what concerns the 
poffeffions, whether there are conceffions or compenfations 
to be made, or whether the uti poffedetis is agreed on. The 
treaty concludes with preferibing, the time when, and 
fometimes the place where, the ratifications are to be ex¬ 
changed. 
Separate articles are fometimes added to a treaty of peace. 
They are of two different deferiptions; the firft contains 
principal points relative to the treaty, and its execution, 
and are fometimes fccret and fometimes public. The fe- 
cond are general, and of the nature of a provifo: fuch are 
the articles concerning the titles, and the language made 
ufe of in the treaty. It is agreed in fuch articles, with 
refped to titles, that, thofe made ufe of in the treaty not 
being acknowledged by all, their ufe on this occafion 
(hall not be drawn into a precedent, or have any influ¬ 
ence on the future; and, with refped to the language, 
that the language made ufe of in the treaty is a matter of 
choice or convenience, and not the effed of obligation, 
and that therefore its ufe on this occafion eftablifties no 
cuftom or right. The Latin language, which was for¬ 
merly made ufe of by nations of different languages, has 
generally yielded to the French, which is now mod ufu¬ 
ally made ufe of by the powers of Europe, as well in the 
conferences as in the treaty itfelf; but nations of differ¬ 
ent languages do not acknowledge the obligation of 
making ufe of it. 
In refped to the figvature of treaties ; 1. The parties en¬ 
deavour to avoid as much as poffible the difputes which 
too often arife on the fubjed. When the point of pre¬ 
cedence is not decided, they adopt the alternation, or elle 
enter their protefts, or make refervations. a. The figna- 
ture, as well as the exchange of ratifications, is either 
without ceremony, or Tclemn; in the latter cafe, the mi¬ 
nifters plenipotentiary ufually affume the charader of anr- 
baffadors, either for the fignature or the ratification. 
Other powers, beiides the principal contrading parties in 
a treaty of peace are often mentioned therein, as compre¬ 
hended, as acceding, or as guarantees. 
Powers comprehended in a treaty are, 1. The allies and 
auxiliaries of the principal contracting parties, or in ge¬ 
neral all who have taken part in the war, in order that 
the effects of the peace may be extended to all. 2. Some¬ 
times other powers are comprehended or inferted from 
other motives. 
A power accedes to a treaty by a feparate aft, accepted 
by the contracting parties. It accedes as a principal con- 
trading party with all the rights and obligations of fuch 
party; or merely to give its confent, when the principal 
contracting parties have difpoied of fome one of its rights, 
with refpeCt to which its confent may appear neceliary ; 
or elfe it accedes as a mark of honour. 
The guarantee of a treaty by foreign powers is fome¬ 
times called in. This guarantee may extend to the treaty 
in general, or be confined to fome particular article or ar¬ 
ticles of it; in the firft cafe, it is called general; in the 
other particular : it alfo may be for one of the contracting 
parties only, or for all of them. In general, the guarantees 
engage to maintain the treaty, in promifing to lend aflift- 
ance to the party who (hall complain of an infraction of 
it, and who (hall demand fuch affiliance. But a guarantee 
has no right to oppofe the alterations that the contrading 
parties may afterwards make in their treaty by mutual 
confent; and, confequently, he is not obliged to guarantee 
the treaty when fo altered. 
As to the execution of a treaty ; the treaty of peace be¬ 
ing ligned and ratified, it only remains to publilh it and 
put it into execution. The firft is generally done with 
folemnity ; the latter very often meets with a great deal 
of difficulty, particularly when an invaded territory is to 
be evacuated, or provinces are to be ceded to a power 
that is not in poffeffion of them at the time of making the 
treaty of peace. Thefe difficulties lbmetimes occafion 
particular conventions, and even congrejfes of execution ; 
and by fuch means the recurrence to new hoftilities may 
be prevented. 
T® 
