249. Whether they may be detained on any other account, ibid. 250. They may be detained for their own actions, 240 251. Of the fupport of hostages, ibid. 252. A fubject cannot refufe to be a hoftage, 241 253. Rank of the hoftages, ibid. ibid. 242 ibid. ibid. ibid. 254. They ought not to make their escape, 255. Whether a hoftage who dies is to be replaced, 256. Subftitute for a hoftage, 257. Hoftage fucceeding to the crown, 258. The liability of the hoftage ends with the treaty, 259. The violation of the treaty is an injury done to the hoftages, ib. 260. The fate of the hoftage when he who has given him fails in his engagements, 261. Right founded on cuftom, CHA P. XVII. Of the Interpretation of Treaties. 262. Neceffity of establishing rules of interpretation, 243 ibid. 244 263. First general maxim it is not allowable to interpret what has no need of interpretation, ibid. 264. Second general maxim-if he who could and ought to have explained himfelf, has not done it, it is to his own detri ment, 245 ibid. 265. Third general maxim-neither of the contracting parties has a right to interpret the treaty according to his own fancy, 266. Fourth general maxim - what is fufficiently declared, is to be taken for true, 267. We ought to attend rather to the words of the person promifing, than to thofe of the party ftipulating, ibid. ibid. 268. Fifth general maxim- the interpretation ought to be made according to certain rules, 246 269. The faith of treaties impofes an obligation to follow thofe rules, 247 270. General rule of interpretation, ibid. 271. The terms are to be explained conformably to common 252 281. Not neceffary to give a term the fame fenfe every-where in the fame deed, 282. We ought to reject every interpretation which leads to an abfurdity, ibid. 283. or which renders the act null and void of effect, 284. Obfcure expreffions interpreted by others more clear in the fame author, 253 254 285, Interpretation founded on the connection of the discourse, ib. 286. Interpretation drawn from the connection and relation of the things themselves, 287. Interpretation founded on the reafon of the deed, 288. Where many reasons have concurred to determine the will, ib. 289. What conftitutes a fufficient reafon for an act of the will, 257 290. Extenfive interpretation founded on the reafon of the act, ib. 291. Frauds tending to elude laws or promifes, 292. Restrictive interpretation, 255 256 258 259 293. Its ufe, in order to avoid falling into abfurdities, or into what is unlawful, ibid. 294. or what is too fevere and burthenfome, 295. How it ought to restrict the fignification agreeably to the fubject, 260 ibid. 296. How a change happening in the state of things may form an exception, 260 297. Interpretation of a deed in unforeseen cafes, 298. Reasons arifing from the poffibility and not the existence 262 of a thing, ibid. 299. Expreffions fufceptible of an extenfive and a limited fenfe, 263 300. Things favourable, and things odious, 301. What tends to the common advantage, and to equality, is favourable; the contrary is odious, ibid. 302. What is useful to human fociety, is favourable: the contrary is odious, 264 265 303. Whatever contains a penalty, is odious, ibid. 304. Whatever renders a deed void, is odious, ibid. 305. Whatever tends to change the present state of things, is 310. How we ought to interpret deeds of pure liberality, ing rules, 322. General remark on the manner of obferving all the preced- ibid. Of the Mode of terminating Difputes between Nations. 323. General direction on this fubject, 324. Every nation is bound to give fatisfaction respecting the just 325. How nations may abandon their rights and just com- ibid. Of War,-its different Kinds,—and the Right of making War. Of the Inftruments of war,-the raising of Troops, &c.—their Commanders, or the Subordinate Powers in War. 9. Enlifting or raising of troops, ibid. 10. Whether there be any exemptions from carrying arms, ibid. 11. Soldiers' pay and quarters, 296 12. Hofpitals for invalids, ibid. 13. Mercenary foldiers, 297 14. Rule to be obferved in their enliftment, 298 20. How their promifes bind the fovereign, 300. 21. In what cafes their promifes bind only themfelves, ibid.. 22. Their affumption of an authority which they do not poffefs, ib. 23. How they bind their inferiors, 301 24. War never to be undertaken without very cogent reasons, 301 25. Juftificatory reafons, and motives for making war, 26. What is in general a just cause of war, 27. What war is unjust, 28. The object of war, dertaking a war, 29. Both justificatory reafons and proper motives requifite in un 30. Proper motives vicious motives, 393 ibid. Sect. page 31. War undertaken upon just grounds, but from vicious mo tives, 32. Pretexts, 33. War undertaken merely for advantage, 303 304 ibid. 34. Nations who make war without reafon or apparent mo tives, 35. How defenfive war is just or unjust, 305 ibid. 36. How it may become just against an offenfive war which was originally juft, ibid. 37. How an offenfive war is juft in an evident cause, 42. Whether the aggrandifement of a neighbouring power can authorise a war against him, ibid.. 43. Alone, and of itself, it cannot give a right to attack him, 308 44. How the appearances of danger give that right, 45. Another cafe more evident, 49. How he that deftroys the equilibrium, may be reftrained, or 311 ibid. 312 Of the Declaration of War,—and of War in due Form. 54. The right to make war ceases on the offer of equitable conditions, ibid. 55. Formalities of a declaration of war, ibid. 56. Other reafons for the neceffity of its publication, 61. Duty of the inhabitants on a foreign army's entering try before a declaration of war, ibid. 62. Commencement of hoftilities, 318 63. Conduct to be obferved towards the enemy's fubjects who are in the country at the time of the declaration of war, ibid. 64. Publication of the war, and manifeftoes, ibid. 65. Decorum and moderation to be obferved in the manifeftoes, 319 66. What is a lawful war in due form, 67. It is to be diftinguished from informal and unlawful war, 320 68, Grounds of this diftinction, ibid. ibid. |