[432] C. 20.
Matters relating to them. 142. Treaties of peace are generally founded on one of two principles: that the parties shall return to the condition wherein they were before the commencement of hostilities, or that they shall retain what they possess at their conclusion. The last is to be presumed in a case of doubtful interpretation. A treaty of peace extinguishes all public grounds of quarrel, whether known to exist or not, but does not put an end to the claims of private men subsisting before the war, the extinguishment of which is never to be presumed. The other rules of interpretation which he lays down are, as usual with him, derived rather from natural equity than the practice of mankind, though with no neglect or scorn of the latter. He maintains the right of giving an asylum to the banished, but not of receiving large bodies of men who abandon their country.[433]
[433] Id.
143. The decision of lot may be adopted in some cases, in order to avoid a war, wherein we have little chance of resisting an enemy. But that of single combat, according to Grotius’s opinion, though not repugnant to the law of nature, is incompatible with Christianity; unless in the case where a party, unjustly assailed, has no other means of defence. Arbitration by a neutral power is another method of settling differences, and in this we are bound to acquiesce. Wars may also be terminated by implicit submission or by capitulation. The rights this gives him have been already discussed. He concludes this chapter with a few observations upon hostages and pledges. With respect to the latter he holds that they may be reclaimed after any lapse of time, unless there is a presumption of tacit abandonment.[434]
[434] C. 20.
Truces and conventions. 144. A truce is an interval of war, and does not require a fresh declaration at its close. No act of hostility is lawful during its continuance; the infringement of this rule by either party gives the other a right to take up arms without delay. Safe conducts are to be construed liberally, rejecting every meaning of the words which does not reach their spirit. Thus a safe conduct to go to a place implies the right of returning unmolested. The ransom of prisoners ought to be favoured.[435] A state is bound by the conventions in war made by its officers, provided they are such as may reasonably be presumed to lie within their delegated authority, or such as they have a special commission to warrant, known to the other contracting party. A state is also bound by its tacit ratification in permitting the execution of any part of such a treaty, though in itself not obligatory, and also by availing itself of any advantage thereby. Grotius dwells afterwards on many distinctions relating to this subject, which, however, as far as they do not resolve themselves into the general principle, are to be considered on the ground of positive regulation.[436]
[435] C. 21.
[436] C. 22.
Those of private persons. 145. Private persons, whether bearing arms or not, are as much bound as their superiors by the engagements they contract with an enemy. This applies particularly to the parole of a prisoner. The engagement not to serve again, though it has been held null by some jurists, as contrary to our obligation towards our country, is valid. It has been a question, whether the state ought to compel its citizens to keep their word towards the enemy? The better opinion is that it should do so; and this has been the practice of the most civilized nations.[437] Those who put themselves under the protection of a state engage to do nothing hostile towards it. Hence, such actions as that of Zopyrus, who betrayed Babylon under the guise of a refugee, are not excusable. Several sorts of tacit engagements are established by the usage of nations, as that of raising a white flag in token of a desire to suspend arms. These are exceptions from the general rule which authorises deceit in war.[438] In the concluding chapter of the whole treatise Grotius briefly exhorts all states to preserve good faith and to seek peace at all times, upon the mild principles of Christianity.[439]
[437] C. 23.