[7] "Those things of which nothing is said, remain in the state in which they are." Wolf, 1222.
[8] Vattel, 1. 4, s. 24.—"The treaty of peace binds the contracting parties from the moment it is concluded, as soon as it has received its whole form, and they ought immediately to have it executed. But this treaty does not bind the subjects, but from the moment it is notified to them." And s. 25.—"The treaty becomes, by its publication, a law for the subjects, and they are obliged, thenceforward, to conform themselves to the stipulations therein agreed on."
[9] "The paction of the peace binds the contractors immediately, as it is perfect, since the obligation is derived from the pact; but the subjects and soldiers, as soon as it is published to them; since they cannot have certain evidence of it before its publication." Wolf, s. 1229.
[10] "Since it is a condition of war, that enemies may be deprived of all their rights, it is reasonable that everything of an enemy's, found among his enemies, should change its owner, and go to the treasury. It is, moreover, usually directed, in all declarations of war, that the goods of enemies, as well those found among us, as those taken in war, shall be confiscated. If we follow the mere right of war, even immovable property may be sold, and its price carried into the treasury, as is the custom with movable property. But in almost all Europe, it is only notified that their profits, during the war, shall be received by the treasury; and the war being ended, the immovable property itself is restored, by agreement, to the former owner." Bynk. Ques. Jur. Pub. 1. 1, c. 7.
[11] "Lors qu'on n'a point marqué de terme pour l'accomplissement du traité, et pour l'execution de chacun des articles, le bon sens dit que chaque point doit être executé aussitôt qu'il est possible. C'est sans doute ainsi qu'on l'a entendu."
[12] Instead of this, Fort Erie was, by error, inserted in my letter of December 15.
[13] "If the obstacle be real, time must be given, for no one is bound to an impossibility." Vattel l. 4, s. 51.
[14] "No one is bound beyond what he can do, and whether he can, may be left to the decision of the other prince, as an honest man." Bynk. Q. J. P. l. 2, c. 10.
[15] "What I have said of things in action being rightly confiscated hold thus: If the prince really exacts from his subjects what they owed to our enemies, if he shall have exacted it, it is rightfully paid, if he shall not have exacted it, peace being made, the former right of the creditor revives; accordingly, it is for the most part agreed among nations, that things in action being confiscated in war, the peace being made, those which were paid are deemed to have perished and remain extinct; but those not paid, revive, and are restored to their true creditors."—Bynk. Q. J. P. l. 1, c. 7.
[16] In a matter susceptible of no doubt.