CHAPTER XV.[69]

ON MODERATION IN ACQUIRING DOMINION.

How far internal justice permits us to acquire dominion--Moderation,

in the use of this right over the conquered,

laudable--Incorporating them with the conquerors--Allowing them

to retain their dominions--Placing garrisons therein--Imposing

tributes or other burdens--Utility of such moderation--Change in

the form of a conquered government--The conquered permitted to

retain some part of their former liberties--Especially in matters

of religion--Clemency to be shewn.

I. That equity and moderation towards individuals, which are so highly

extolled, are still more deserving of admiration, when exercised

towards nations and kingdoms; where injustice would be attended with

more signal calamities, and moderation with more beneficial effects.

In just war the right of dominion over a people, and the sovereign

power, which that people possess, may be acquired as well as any

other right. But the claims to such a right ought by no means to be

prosecuted beyond indemnity for aggression, and security against future

evils.

But this motive, so necessary to be observed, especially in all

treaties of peace, as well as in the use of victory, is often

confounded with others. In other points a sovereign prince or state may

relinquish a claim from a principle of moderation, but where the future

security of their subjects is concerned, it is an act of cruelty rather

than of moderation to relax too far in favour of a conquered enemy.

II. Aristotle has, more than once, said, that war is undertaken for

the sake of peace, and toil endured in order to obtain rest. And in

the same manner, Cicero has observed, that men go to war, that they

may live in peace without molestation and injury. War too, as we are

instructed by the teachers of true religion, may be made, to remove

every thing that interrupts, and stands in the way of peace.

In the primitive ages, as we find from history, wars in general were

made to preserve territories rather than to extend them. And any

deviation from this rule was thought unlawful: thus the prophet Amos

reproves the Ammonites for their love of making conquests.

III. The prudent moderation of the ancient Romans approaches nearly to

this model of primitive innocence. For although they made conquests,

they mitigated the fate of the conquered by incorporating them with

themselves.

IV. Another mark of moderation in the use of victory is leaving to

conquered kings, or nations the dominions, which they LAWFULLY held

before.

Polybius highly extols the merit and wisdom of Antigonus, who, having

Sparta in his power, allowed the inhabitants to retain their national

polity and freedom.

V. Sometimes indeed a conqueror, though allowing a subjugated people

to retain their dominion and sovereignty, must provide for his own

security, by placing garrisons in their country.

VI. Contributions too are frequently imposed and levied, not so much

by way of indemnity for expences incurred, as for a future security

between the conqueror, and the conquered country. Upon the same

principle, as was before[70] observed, in explaining the nature of

unequal treaties, conditions may be imposed also requiring a conquered

power to deliver up a certain number of her ships and forts, and to

reduce her troops to a limited number.

VII. But leaving to conquered powers a part or the whole of their

dominions is not only sometimes an act of justice and humanity, but

an act of sound policy also. Among other of Numa's institutions, his

manner of celebrating the rites of TERMINUS, the DEITY OF BOUNDARIES,

is much commended; for he prohibited the use of blood in those

ceremonies, as an intimation that nothing was more conducive to the

peace and harmony of the world, than for every nation to confine

herself within her proper bounds.

In conformity to which maxim Florus observes, that it is more easy to

make conquests than to keep them. To which rule Plato, in his third

book of Laws, adapts the proverbial expression of Hesiod, that HALF IS

BETTER THAN THE WHOLE.

VIII. The Lacedaemonians and the Athenians anciently claimed no farther

dominion over conquered cities and states, than purely wishing them to

adopt forms of government like their own, the Lacedaemonians living

under an aristocratic, and the Athenians under a democratic system. But

whether such changes were conducive to a conqueror's security, it is

not to our present purpose to examine.

IX. If it is not perfectly safe to forbear exercising ANY dominion over

a conquered enemy, the matter may be so regulated as to leave him some

portion of his former sovereignty and power. Thus among the Jews the

sceptre remained with the Sanhedrim, even after Archelaus was deprived

of his kingdom; and Alexander in many cases allowed Darius to remain a

sovereign over others, while he required of him submission to himself.

X. Even though a conquered power was deprived of all sovereignty,

she might be allowed to retain some of her laws, privileges, and

magistracies of inferior importance. Thus, Pliny, in his letters,

informs us, that in the proconsular province of Bithynia, the city of

Apamaea was allowed to regulate the form of her government at her own

pleasure, and, in other places, the Bithynians were permitted to retain

their own magistrates, and their own senate.

XI. This indulgence ought to be shewn to every people, especially in

their attachment to the religion of their forefathers, of which they

should never be deprived but with their own consent and conviction. An

indulgence, which Agrippa in his address to Caius, as cited by Philo

in the account of his embassy, approves of, as highly grateful to the

conquered people, and by no means prejudicial to the conqueror. At the

same time a conqueror will take care that erroneous opinions do not

prevail to the prejudice and overthrow of true religion, as was done by

Constantine upon his crushing the party of Licinius, and afterwards by

the Franks and other kings.

The Rights of War and Peace · 第 13 / 21 章