Page:Montesquieu - The spirit of laws.djvu/246

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194
THE SPIRIT

Book X.
Chap. 2. & 3.
ance of the laws. But among societies the right of natural defence carries along with it sometimes the necessity of attacking; as for instance, when one nation sees that a longer peace will enable another to destroy her, and that to attack that nation instantly is the only way to prevent her own destruction.

From thence it follows, that small societies have oftener a right to declare war than great ones, because they are oftener in the case of being afraid of destruction.

The right therefore of war is derived from necessity and strict justice. If those who direct the conscience or councils of princes do not hold by this, all is undone: when they proceed on arbitrary principles of glory, conveniency, and utility; torrents of blood will overspread the earth.

But above all, let them not avail themselves of any such idle plea as the glory of the prince: his glory is nothing but pride; it is a passion and not a legitimate right.

It is true the same of his power might increase the strength of his government; but it might be equally increased by the reputation of his justice.


CHAP. III.
Of the Right of Conquest.

FROM the right of war comes that of conquest; which is the consequence of that right, and ought therefore to follow its spirit.

The right the conqueror has over a conquered people is directed by four sorts of laws, the law of nature which makes every thing tend to the preservation of the species; the law of natural reason,

which