[Sidenote: To succor against tyranny.]
[Sidenote: Case of English Revolution.]
[Sidenote: An odious tyrant.]
[Sidenote: Rebellious people.]
[Sidenote: Case of civil war.]
[Sidenote: Sovereign and his people, when distinct powers.]
“If the prince, attacking the fundamental laws, gives his subjects a legal right to resist him, if tyranny, becoming insupportable, obliges the nation to rise in their defence, every foreign power has a right to succor an oppressed people who implore their assistance. The English justly complained of James the Second. The nobility and the most distinguished patriots resolved to put a check on his enterprises, which manifestly tended to overthrow the Constitution and to destroy the liberties and the religion of the people, and therefore applied for assistance to the United Provinces. The authority of the Prince of Orange had, doubtless, an influence on the deliberations of the States-General; but it did not make them commit injustice: for when a people, from good reasons, take up arms against an oppressor, justice and generosity require that brave men should be assisted in the defence of their liberties. Whenever, therefore, a civil war is kindled in a state, foreign powers may assist that party which appears to them to have justice on their side. He who assists an odious tyrant, he who declares FOR AN UNJUST AND REBELLIOUS PEOPLE, offends against his duty. When the bands of the political society are broken, or at least suspended between the sovereign and his people, they may then be considered as two distinct powers; and since each is independent of all foreign authority, nobody has a right to judge them. Either may be in the right, and each of those who grant their assistance may believe that he supports a good cause. It follows, then, in virtue of the voluntary law of nations, (see Prelim. Sec. 21,) that the two parties may act as having an equal right, and behave accordingly, till the decision of the affair.
[Sidenote: Not to be pursued to an extreme.]
[Sidenote: Endeavor to persuade subjects to a revolt.]
“But we ought not to abuse this maxim for authorizing odious proceedings against the tranquillity of states. It is a violation of the law of nations to persuade those subjects to revolt who actually obey their sovereign, though they complain of his government.
[Sidenote: Attempt to excite subjects to revolt.]
“The practice of nations is conformable to our maxims. When the German Protestants came to the assistance of the Reformed in France, the court never undertook to treat them otherwise than as common enemies, and according to the laws of war. France at the same time assisted the Netherlands, which took up arms against Spain, and did not pretend that her troops should be considered upon any other footing than as auxiliaries in a regular war. But no power avoids complaining of an atrocious injury, if any one attempts by his emissaries to excite his subjects to revolt.