CASE OF ALLIANCES.
When an alliance to preserve a king takes place.
King does not lose his quality by the loss of his kingdom."It is asked if that alliance subsists with the king and the royal family when by some revolution they are deprived of their crown. We have lately remarked, (§ 194,) that a personal alliance expires with the reign of him who contracted it: but that is to be understood of an alliance with the state, limited, as to its duration, to the reign of the contracting king. This of which we are here speaking is of another nature. For though it binds the state, since it is bound by all the public acts of its sovereign, it is made directly in favor of the king and his family; it would therefore be absurd for it to terminate at the moment when they have need of it, and at an event against which it was made. Besides, the king does not lose his quality merely by the loss of his kingdom. If he is stripped of it unjustly by an usurper, or by rebels, he preserves his rights, in the number of which are his alliances.[40]
Case wherein aid may be given to a deposed king."But who shall judge if the king be dethroned lawfully or by violence? An independent nation acknowledges no judge. If the body of the nation declares the king deprived of his rights by the abuse he has made of them, and deposes him, it may justly do it when its grievances are well founded, and no other power has a right to censure it. The personal ally of this king ought not then to assist him against the nation that has made use of its right in deposing him: if he attempts it, he injures that nation. England declared war against Louis the Fourteenth, in the year 1688, for supporting the interest of James the Second, who was deposed in form by the nation. The same country declared war against him a second time, at the beginning of the present century, because that prince acknowledged the son of the deposed James, under 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.
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.
Case of defence against subjects.
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 § 54, and following, of this Book.) The ally remains the ally of the state, notwithstanding the change that has happened in it. However, when this change renders the alliance useless, dangerous, or disagreeable, it may renounce it; for it may say, upon a good foundation, that it would not have entered into an alliance with that nation, had it been under the present form of government.
Not an eternal war."We may say here, what we have said on a personal alliance: however just the cause of that king may be who is driven from the throne either by his subjects or by a foreign usurper, his aides are not obliged to support an eternal war in his favor. After having made ineffectual efforts to restore him, they must at length give peace to their people, and come to an accommodation with the usurper, and for that purpose treat with him as with a lawful sovereign. Louis the Fourteenth, exhausted by a bloody and unsuccessful war, offered at Gertruydenberg to abandon his grandson, whom he had placed on the throne of Spain; and when affairs had changed their appearance, Charles of Austria, the rival of Philip, saw himself, in his turn, abandoned by his allies. They grew weary of exhausting their states in order to give him the possession of a crown which they believed to be his due, but which, to all appearance, they should never be able to procure for him."—Book II. ch. xii. §§ 196, 197.