Conquerors, it is true, seldom
trouble themselves to make the distinction, but they willingly
permit the confusion of war to sweep all together; but yet this alters
not the right; for the conqueror's power over the lives of the
conquered being only because they have used force to do or maintain an
injustice, he can have that power only over those who have concurred
in that force; all the rest are innocent, and he has no more title
over the people of that country who have done him no injury, and so
have made no forfeiture of their lives, than he has over any other
who, without any injuries or provocations, have lived upon fair
terms with him.
180. Thirdly, the power a conqueror gets over those he overcomes
in a just war is perfectly despotical; he has an absolute power over
the lives of those who, by putting themselves in a state of war,
have forfeited them, but he has not thereby a right and title to their
possessions. This I doubt not but at first sight will seem a strange
doctrine, it being so quite contrary to the practice of the world;
there being nothing more familiar in speaking of the dominion of
countries than to say such an one conquered it, as if conquest,
without any more ado, conveyed a right of possession.
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