oblige me to follow its fate, when it dissolves itself in order to submit to a foreign dominion. I submitted to the society as it then was, to live in that society as the member of a sovereign state, and not in another: I am bound to obey it, while it remains a political society: but when it divests itself of that quality in order to re-<95>ceive its laws from another state, it breaks the bond of union between its members, and releases them from their obligations.
§196. These compacts annulled by the failure of protection.
When a nation has placed itself under the protection of another that is more powerful, or has even entered into subjection to it with a view to receiving its protection,—if the latter does not effectually protect the other in case of need, it is manifest, that, by failing in its engagements, it loses all the rights it had acquired by the convention, and that the other, being disengaged from the obligation it had contracted, re-enters into the possession of all its rights, and recovers its independence, or its liberty. It is to be observed, that this takes place even in cases where the protector does not fail in his engagements through a want of good faith, but merely through inability. For the weaker nation having submitted only for the sake of obtaining protection,—if the other proves unable to fulfil that essential condition, the compact is dissolved;—the weaker resumes its right, and may, if it thinks proper, have recourse to a more effectual protection.* Thus the dukes of Austria, who had acquired a right of protection, and in some sort a sovereignty over the city of Lucerne, being unwilling or unable to protect it effectually, that city concluded an alliance with the three first cantons; and the dukes having carried their complaint to the emperor, the inhabitants of Lucerne replied, “that they had used the natural right common to all men, by which every one is permitted to endeavour to procure his own safety when he is abandoned by those who are obliged to grant him assistance.”†
§197. Or by the infidelity of the party protected.
The law is the same with respect to both the contracting parties: if the party protected do not fulfil their engagements with fidelity, the protector is discharged from his; he may afterwards refuse his protection, and declare the treaty broken, in case the situation of his affairs renders such a step advisable.
§198. And by the encroachments of the protector.
In virtue of the same principle which discharges one of the contracting parties when the other fails in his engagements, if the more powerful nation should assume a greater authority over the weaker one than the treaty of protection or submission allows, the latter may consider the treaty as broken, and provide for its safety according to its own discretion. If it were otherwise, the inferior nation would lose by a convention which it had only formed with a view to its safety; and if it were still bound by its engagements when its protector abuses them and openly violates his own, the treaty would, to the weaker party, prove a downright deception. However, as some people maintain, that, <96> in this case, the inferior nation has only the right of resistance and of imploring foreign aid,—and particularly as the weak cannot take too many precautions against the powerful, who are skilful in colouring over their enterprises,—the safest way is to insert in this kind of treaty a clause declaring it null and void whenever the superior power shall arrogate to itself any rights not expressly granted by the treaty.
§199. How the right of the nation protected is lost by its silence.
But if the nation that is protected, or that has placed itself in subjection on certain conditions, does not resist the encroachments of that power from which it has sought support,—if it makes no opposition to them,—if it preserves a profound silence, when it might and ought to speak,—its patient acquiescence becomes in length of time a tacit consent that legitimates the rights of the usurper. There would be no stability in the affairs of men, and especially in those of nations, if long possession, accompanied by the silence of the persons concerned, did not produce a degree of right. But it must be observed, that silence, in order to shew tacit consent, ought to be voluntary. If the inferior nation proves that violence and fear prevented its giving testimonies of its opposition, nothing can be concluded from its silence, which therefore gives no right to the usurper.
§200. Difference between the present case and those in the preceding chapter.
We have said that an independent nation, which, without becoming a member of another state, has voluntarily rendered itself dependent on or subject to it in order to obtain protection, is released from its engagements as soon as that protection fails, even though the failure happen through the inability of the protector. But we are not to conclude that it is precisely the same case with every nation that cannot obtain speedy and effectual protection from its natural sovereign or the state of which it is a member. The two cases are very different. In the former, a free nation becomes subject to another state,—not to partake of all the other’s advantages, and form with it an absolute union of interests (for if the more powerful state were willing to confer so great a favour, the weaker one would be incorporated, not subjected),—but to obtain protection alone by the sacrifice of its liberty, without expecting any other return. When therefore the sole and indispensable condition of its subjection is (from what cause soever) not complied with, it is free from its engagements; and its duty towards itself obliges it to take fresh methods to provide for its own security. But the several members of one individual state, as they all equally participate in the advantages it procures, are bound uniformly to sup-<97>port it: they have entered into mutual engagements to continue united with each other, and to have on all occasions but one common cause. If those who are menaced or attacked might separate themselves from the others in order to avoid a present danger, every state would soon be dismembered and destroyed. It is then essentially necessary for the safety of society, and even for the welfare of all its members, that each part should with all its might resist a common enemy, rather than separate from the others; and this is consequently one of the necessary conditions of the political association. The natural subjects of a prince are bound to him without any other reserve than the observation of the fundamental laws;—it is their duty to remain faithful to him, as it is his, on the other hand, to take care to govern them well: both parties have but one common interest; the people and the prince together constitute but one complete whole, one and the same society. It is then an essential and necessary condition of the political society, that the subjects remain united to their prince, as far as in their power.
§201. Duty of the members of a state, or subjects of a prince, who are in danger.
When, therefore, a city or a province is threatened or actually attacked, it must not, for the sake of escaping the danger, separate itself from the state of which it is a member, or abandon its natural prince, even when the state or the prince is unable to give it immediate and effectual assistance. Its duty, its political engagements, oblige it to make the greatest efforts, in order to maintain itself in its present state. If it is overcome by force,—necessity, that irresistible law, frees it from its former engagements, and gives it a right to treat with the conqueror, in order to obtain the best terms possible. If it must either submit to him or perish, who can doubt but that it may and even ought to prefer the former alternative? Modern usage is conformable to this decision:—a city submits to the enemy when it cannot expect safety
