Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1810-08-27

! terra nation IONS with him for attacking
ard Tor jointly carrying the war INTO an
/ her. Some alliances are both offensive
and defensive, and an alliance IS seldoi
offensive without being also defensive
But II IS very usual for alliances To be pure
| IN defensive ard these are IN general IN
| most natural and lawful Ii would he tor
| tedious, and even of little use, TO so through
! the detail of all the variety In these ALI
| ances. Some are made without restriction
/ towards and against all : IN other certain
/ states are excepted thlrd are formed
! nnminally, against SUCH or such q ma
| tiol.
| $50 But difference of greatimportance
/ to be observed, especially in defensive ALI
| snces, is that between an intimate and com
| nIete alliance, i'm which We engage 10 make
| the cause common. and another in which we
promise only settled succour; the alliance
making a common cause is society Of Tvay.
| Every one acts with his whole force ssl
the allies become principals in the war
! they have the same friends and the same en-
emies but an alliance Of this nature Is
more especially termed society b zOar when
il is offensive.
S81 When sovereign, without directly
taking part in the war made by another soye-
reign, sends him only succour of troops or
ships these are called aRHiHdries. The
auxiHary troops serve the prince TO whom
| they are sent, according TO their sovereign's
orders Ifgiven purely and simply without
restriction, they are to serve equally on the
offensive or defensive and in the conduct
ofthe several operations they are to obey
the prince to whose assistance they come
~. hos MT
disposal of them, as Of his own subjects;
they are granted him only for his own wars,
and he has no right to transfer them as aux
iliaries to third power.
s 50. For Judging of the morality Of these
several treaties or alliances, Of the lawful
ness of them according TO the law of the
nations. This must be laid down as an in
contestible principle 1t IS lazgfuk and COM
nendd6le 10 sueconr and assist, every zrdy, a
nation making ajust zrGr ; and epen this as
sistaHce is the dry Of cve,y ma in, which can
8ive ii without being 1Uanthlg TO Itself But he
rUho makes unjust as NOT to be assisted IN
any manner. There IS nothing in this which
is not demonstrated by all that we have
said Ofthe common duties ofnations towards
each other (Book H. Oh. IL To support
right when we are able, Is always commen-
dabIe but to assist an unjust party is TO
partake ofhs guilt, it is beng no less unjust
than himself.
$50 AS it is allowable only in Just war
to send succours, or to make alliances SO
every alliance, every society of war, every
treaty of succours, previously made in time
of peace, when 30 particular war is inten.
ded necessarily and of itself includes this
tscit clause, that the treaty shall take place
only in a Just war On any other footing
the alliance could not be validly contrac.
ted.
SIS. When alliances have thus been PIE
viOusly contracted, the cases in which ma
ton is to act, in consequence ofthe alliance,
and in which the force of the engagements
consists, are no occasion TO be determined.
This is what is called casHs tedeyis, or case
OF the alliance. 1t consists in The concur
renee OF the circumstances for which the
treaty has been made, whether those cir
cumstances be expressly specified or tacit-
ly supposed. Whatever has been promised
in the treaty of alliance is due to the cdsus
tede1Is, and not otherwise.
S89 AS the most solemn treaties cannot
obnge persons to favour an unjust quarrel
lSect SO the casas frdeyis never taxes place
IN war manitestly unjust.
SOS. An engagement which may draw
on a war is of great moment it concerns
the very safety of the state. He who in an
alliance promises a subsidy o. a BODY of
auxiliaries, sometimes thinks that he risks
only sum OF money, or certain number Of
soldiers whereas he often exposes him
self to war and all its calamities. The ma
ton against which he furnishes succours
I will look on him as their enemy, and should
! the fate OF their arms prove favorable, they
will carry the war into his country. But il
remains TO see whether such a thing can be
done justly, and on what occasions. Some
authors decide in general, that whoever
JOINS our enemy, or assists him against US
with money, troops, or In any other manner
whatever, becomes thereby our enemy, and
gives Us right Of making war against him
a cruel decision, and destructive Of the
tranquility of nations 1t cannot be sup
ported by principles, and happily the prac.
tlce OF Europe is directly the reverse.
SIO1. But if a defensive alliance has not
been made particularly against me, nor con
Guided at the time when | was openly de-
claring for war, or had already begun il,
and If the allies have only stipulated in it,
that each OF them shall furnish stated sue
cour to him who shall be attacked can
not require that they should neglect to full
I'll solemn treaty, which they had an IN
questionable right to conclude without any
injury TO me. The succours furnished to
my enemy are the payment Of debt they
do me no wrong in discharging it, and con-
sequentiy give me no just cause to make
war on them. [Sect. 90 Neither can /
say that my safety obhges me 10 attack them,
Tor should thereby increase the number Of
my enemies, and instead Of a slender sue