the name of
James the Third. In doubtful cases, and _when the body of the nation has
not pronounced, or HAS NOT PRONOUNCED FREELY_, a sovereign may naturally
support and defend an ally; and it is then that the voluntary law of
nations subsists between different states. The party that has driven out
the king pretends to have right on its side; this unhappy king and his
ally flatter themselves with having the same advantage; and as they have
no common judge upon earth, they have no other method to take but to
apply to arms to terminate the dispute; they therefore engage in a
formal war.
[Sidenote: Not obliged to pursue his right beyond a certain point.]
"In short, when the foreign prince has faithfully fulfilled his
engagements towards an unfortunate monarch, when he has done in his
defence, or to procure his restoration, all he was obliged to perform in
virtue of the alliance, if his efforts are ineffectual, the dethroned
prince cannot require him to support an endless war in his favor, or
expect that he will eternally remain the enemy of the nation or of the
sovereign who has deprived him of the throne. He must think of peace,
abandon the ally, and consider him as having himself abandoned his right
through necessity. Thus Louis the Fourteenth was obliged to abandon
James the Second, and to acknowledge King William, though he had at
first treated him as an usurper.
[Sidenote: Case of defence against subjects.]
[Sidenote: Case where real alliances may be renounced.]
"The same question presents itself in real alliances, and, in general,
in all alliances made with the state, and not in particular with a king
for the defence of his person. An ally ought, doubtless, to be defended
against every invasion, against every foreign violence, _and even
against his rebellious subjects: in the same manner a republic ought to
be defended against the enterprises of one who attempts to destroy the
public liberty_. But it ought to be remembered that an ally of the state
or the nation is not its judge. If the nation has deposed its king in
form,--if the people of a republic have driven out their magistrates and
set themselves at liberty, or acknowledged the authority of an usurper,
either expressly or tacitly,--to oppose these domestic regulations, by
disputing their justice or validity, would be to interfere in the
government of the nation, and to do it an injury. (See Sec. 54, and
following, of this Book.) The ally remains the
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