[73] The translation proceeds from the xviith to the xixth chapter of the original.—Translator.
[74] Sections VI, VII, VIII, IX and X of the original are omitted in the translation. (Translator.)
[75] B. ii. ch. vii. sect. 2.
[76] "The necessity of making peace authorises the Sovereign to dispose of the property of individuals; and the eminent dominion gives him a right to do it. Every thing in the political society ought to tend to the good of the community; and since even the powers of the citizens are subject to this rule, their property cannot be excepted. The state could not subsist, or constantly administer the public affairs in the most advantageous manner, if it had not a power to dispose occasionally of all kinds of property."—Vattel, b. iv. ch. ii. sect. 12. ibid. b. i. ch. xx. sect. 244.
[77] "Some damages are done deliberately and by way of precaution, as when a field, a house, or a garden, belonging to a private person, is taken for the purpose of erecting on the spot a tower, rampart, or any other piece of fortification,—or when his standing corn, or his storehouses are destroyed, to prevent their being of use to the enemy. Such damages are to be made good to the individual, who should bear only his quota of the loss. But there are other damages, caused by inevitable necessity, as for instance, the destruction caused by the artillery in retaking a town from the enemy. These are merely accidents, they are misfortunes, which chance deals out to the proprietors on whom they happen to fall. The sovereign ought indeed to shew an equitable regard for the sufferers, if the situation of his affairs will admit of it: but no action lies against the state for misfortunes of this nature,—for losses, which she has occasioned, not wilfully, but through necessity and mere accident, in the exertion of her rights. The same may be said of damages caused by the enemy." Vat. b. iii. ch. xv. sect. 232.
[78] See [b. ii. ch. xv. sect. 12.]
[79] "Because then the condition of the contracting parties being unequal, there is great reason to believe, that he, to whose disadvantage the inequality is, has pretended to engage himself as little as possible: and it was the other's business who was to have the benefit of it, to have the thing explained in as clear a manner as possible."—Barbeyrac.
[80] Sections XLII, XLIII, XLIV, & XLV, of the original, relating to decisions by lot and single combat, are omitted in the translation.—Translator.
[81] The XXIII Chapter of the Original, on Private Faith in War, is omitted in the translation.—Translator.