and promises gratuitous succours, or succours disproportionate to those for which he stipulates in return, whilst he claims at the same time a superiority of dignity, and exacts proportionate respect from his Ally. It is this last condition which renders the Alliance unequal; without such a condition the Treaty would have been unequal, but the Alliance would have been equal.

Unequal Alliances are subdivided into those which impair the Independence of one of the Contracting Parties, and those which do not impair it. The Independence of a Nation is impaired, when it gives up any of its Natural Rights, or consents to use them in absolute subordination to the will of another Nation. Thus a Nation may agree with another Nation not to make peace with a common Enemy or not to make war upon a third Party, and it does not thereby give up its Independence, but covenants to exercise a Right incident to its Independence under certain restrictions in favour of its Ally. But if a Nation agrees not to enter into a Treaty of any kind with any third Party without the consent of its Ally, the former contracts an Unequal Alliance cum diminutione imperii, for it deprives itself absolutely of a power, the possession of which is a condition sine qua non of National Independence.

Protection.

§ 229. Treaties of Protection are Treaties in the Treaties of nature of Unequal Alliance. They were in frequent use amongst the Greeks and Romans, and the expression in fidem se tradere is opposed by Latin authors to the phrase in servitutem se tradere. Thus Phæneas, the envoy of the Etolians, announced to the Consul Atilius that the object of his Mission was to conclude a Treaty of Protection, and not a Treaty of Subjection to the Romans. "Non in servitutem, sed in

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66

fidem tuam nos tradimus, et certum habeo te imprudentia labi, qui nobis imperes. So the Numidians were considered to have placed themselves under Treaty in a relation to the Romans analogous to that in which Clients stood towards their Patrons. Quorum in fide et in clientela Regnum (Numidia) erat®” "As Private Protection," says Grotius", "took not away Personal liberty, so Public Protection does not take away Civil liberty, which cannot be conceived without Sovereignty." That the maintenance of National Independence on both sides is not inconsistent with a Treaty of Protection between two States is established by the practice of Nations in modern times. Thus the City of Danzic, with a territorial radius of two leagues, was placed by the Treaty of Tilsit 68, under the Protection of the Kings of Prussia and Saxony, without prejudice to its Independence; so the free City of Cracow was declared by the Final Act of the Congress of Vienna, to be a Free Independent and strictly Neutral City under the protection of Prussia, Austria, and Russia. The form, under which Treaties of Protection may be concluded, varies indefinitely. Modern Treaties of Protection, for the most part, provide that the Protecting Power shall keep garrison within the Protected State, and this may be considered as the characteristic feature of a Treaty of Protection as distinguished from a Treaty of Unequal Alliance. Thus by the Treaty of Turin (Nov. 7, 1817), concluded between the King of Sardinia and the Prince of Monaco, it is stipulated that the King of Sardinia shall always maintain a garrison 65 Titi Livii Hist. L. XXXVI.

c. 28.

66 Julii Flori, L. III. c. 1. n. 3. 67 De Jure B. et P. L. I. c. 3. $21.

68 Treaty between France and Russia, 7 July, 1807. Martens, Recueil, VIII. p. 639.

69 Martens, Nouveau Supplement, II. p. 243.

of five hundred men at his own expense in Monaco. The King of Sardinia also undertakes to defend the Prince of Monaco against foreign enemies, to include his name in Treaties of Peace with Foreign Powers, and to allow him to use the Royal Standard of Sardinia in time of War.

Subsidy.

§ 230. Treaties of Subsidy are Treaties under which Treaties of a Power, which does not take part in a war as a Principal, furnishes a limited succour to another power, as an Auxiliary. Treaties of General Alliance are to be distinguished from Treaties of Subsidy. When one State stipulates to furnish to another a limited succour of troops in return for an annual payment of money, without any provision in contemplation of an eventual engagement in general hostilities, such a Treaty does not render the State which furnishes such limited succour, an associate in any war that the other State may undertake. The payment, which the Power, who receives such limited succour, makes in return, is called a Subsidy, and it was at one time the practice both of France and Great Britain to have recourse to Treaties of Subsidy with certain German Powers in order to procure troops to carry on their wars. Of this kind was the treaty of Subsidy concluded between the King of Great Britain and the Landgrave of Hesse-Darmstadt (5th Oct. 1793)70, under which the latter Power undertook to furnish to the former for three years a corps of 3000 troops of all arms for service in any part of Europe, in consideration of an annual Subsidy. Under the head of Treaties of Subsidy may be classed the Conventions, which formerly existed between the Helvetic Cantons and various European Powers, under which the former furnished Swiss Regiments for the service of the

7 Martens, Recueil, V. p. 524.

latter Powers. These Conventions are sometimes called Military Capitulations, and such is the name given to a Convention which Spain concluded at Berne (2 Aug. 1804)" with the Helvetic Confederation for the continuous services of five Regiments during the space of thirty years. There is another use of the phrase Treaty of Subsidy' which must not be overlooked. A Treaty of Subsidy is virtually a Treaty of Alliance, when one Power enters into an agreement with another Power, that the latter shall furnish troops to fight against a Third Power, on condition of the former finding money for the maintenance of them. A Treaty of Subsidy for such an object is sometimes incorporated with a Treaty of Alliance. Thus we have a Convention of Alliance and Subsidy concluded at Reichenbach (15th June, 1813)72, between Great Britain, Russia, and Prussia, under which the former Power engaged herself to furnish 1,133,334 pounds sterling, before the expiration of twelve months, and to maintain the Russian fleet, which was at such time in the Ports of Great Britain, at an estimated expenditure of 550,000 pounds sterling. A Subsidy is sometimes an alternative provision in a Treaty of Alliance. Thus under the Treaty of Alliance concluded at Berlin" (15 April, 1788), between the States-General of the United Provinces and Prussia, the former Power had the alternative of furnishing money, if it could not furnish troops. A separate Convention of Subsidy is sometimes agreed to as supplemental to a Military Convention; this practice is generally observed when all the parties to the Military Convention are not at the same time parties to the Convention of Subsidy. 71 Martens, Recueil, VIII. p. 228. 72 Martens, N. R. I. p. 568. 73 Martens, Recueil, IV. p. 379.

Guaranty.

Thus after a Military Convention had been concluded between Sardinia, Great Britain, and France at Turin (26 Jan. 1855), a supplemental Treaty of Subsidy was concluded between Sardinia and Great Britain, under which the Queen of Great Britain undertook to recommend to her Parliament to advance by way of loan to the King of Sardinia the sum of one million pounds sterling. The King of Sardinia had agreed, under the previous Military Convention, to furnish for the service of the war against Russia a corps of 15,000 men; and France and Great Britain had in return guaranteed the integrity of the dominions of the King of Sardinia, and engaged themselves to defend them against every attack pending the war. § 231. Treaties of Guaranty are Compacts under Treaties of which a State promises to aid another State, if it should be disturbed in the enjoyment of a Conventional Right as distinguished from a Natural Right. When a Treaty of Peace is concluded, which proceeds upon a settlement of territorial boundary, it is not unfrequent to invoke the Guaranty of one or more powerful States to maintain the weaker of the two contracting Parties in the State of Possession established by the Treaty. "When those," says Vattel, "who make a Treaty of Peace or any other Treaty are not perfectly easy with respect to its observance, they require the Guaranty of a powerful Sovereign. The Guarantee promises to maintain the conditions of the Treaty and to cause it to be observed. As he may find himself obliged to make use of force against the party who attempts to violate his promises, it is an engagement that no Sovereign ought to enter into lightly and without good reason. Princes indeed seldom enter into it, unless when they have an in74 Martens, N. R. Gén. XV. p. 613.