direct interest in the observance of the Treaty, or are induced by particular relations of friendship. The Guaranty may be promised equally to all the contracting parties, to some of them, or even to one of them alone, but it is commonly promised to all in general. It may also happen when several Sovereigns enter into a common alliance that they all reciprocally pledge themselves to each other, as Guarantees for its observance. The Guaranty is a kind of Treaty by which assistance and succour are promised to any one, in case he has need of them, in order to compel a faithless Ally to fulful his engagements"." "The term Guaranty," continues the same writer, "is often taken in a sense somewhat different from that we have given to it. For instance, most of

the Powers of Europe guarantied the Act, by which Charles VI had regulated the Succession to his dominions, and Sovereigns sometimes reciprocally guaranty their respective States. But we should rather denominate those transactions Treaties of Alliance for the purpose, in the former case, of maintaining the Rule of Succession under the Pragmatic Sanction; and in the latter, of supporting the State of Possession of a Friendly Power76"

To the same effect Klüber" writes, "L'une des plus usitées des Conventions dont nous nous occupons, est la Garantie proprement dite, par laquelle un Etat promet de prêter secours à un autre Etat, dans le cas que celui-ci serait lésé ou menacé d'un préjudice dans exercice de certains Droits par le fait d'une tierce puissance. La Garantie est toujours promise par rapport à une tierce puissance, de la part de laquelle il pourrait être porté préjudice à des droits

75 Droit des Gens, L. II. c. 15. § 235.
76 Ibid. § 228.

77 Ibid. § 157-159.

acquis.".. Lorsque la Garantie est destinée à assurer l'inviolabilité d'un Traité, elle forme toujours une obligation et un Traité accessoire (pactum accessorium), même quand elle ferait partie de l'acte de la Convention principale."... § 159. Les Garanties sont générales ou spéciales, selon que tous les droits d'une espèce déterminée, ou toutes les possessions d'un Etat, ou toutes les stipulations contenues dans un Traité, ou bien une partie seulement de ces droits, possessions, ou stipulations, sont garantis. Tantôt elles sont stipulées pour toujours, tantôt pour un temps déterminé. Dans le cas d'une lésion relative à l'objet garanti, ne fut elle même qu'imminente encore, le Garant, sur l'invitation que doit lui en être faite, est tenu de prêter le secours promis, à mesure cependant que le provoquant en garantie aurait luimême le droit de défense, ou de se faire raison à soimême, et toujours sans porter préjudice aux droits d'un tiers (salvo jure tertii). Le garant n'a ni droit ni obligation de faire davantage que de prêter l'assistance promise."

An International Guaranty is thus strictly concerned with International Rights, even where the subject of the Guaranty may be a Rule of Succession, as in the case of the Pragmatic Sanction of Charles VI, or the undisturbed possession of Territory as in the case of the Germanic Confederation, equally as when it is given by a third party to a Treaty of Peace, such as the Guaranty of his Britanic Majesty to the Treaty of Peace made at Utrecht in 1715 between the Crowns of Spain and Portugal. For instance, when Foreign Powers were invited to guaranty the Pragmatie Sanction, it was not intended that such Guaranty should affect the Political Independence of the Austrian Crown, so as to limit in B b

PART I.

any way its right to rescind or modify the Rule of Succession; but that the Guarantying Powers should support the daughter of Charles VI against any Foreign Power, which should attempt in its character of a Foreign Power to disturb her in the peaceable enjoyment of the Rights secured to her by the Pragmatic Sanction.

No rule of International Law is more clear than that a Convention of Guaranty nude and absolute does not apply to the case of Political changes. If, for instance, Denmark had guaranteed to the Princess Anne of England the undisturbed possession of the British throne upon the death of William III, contra quoscunque, no casus fœderis would have arisen if the Highlanders of Scotland had attempted to restore the Crown to the son of James II; but if Louis XIV or Philip V, as Foreign Powers, had sent an army to cooperate with the insurgents in depriving the Princess Anne of the Succession, there would have been at once an undeniable Casus Faderis. Even an expression so indefinite as contra quoscunque is limited by the nature of the subject matter; it may apply to the slightest International interference, from whatever quarter it may be threatened, but even a Civil War will not extend its operation to Political

troubles.

Such an expression is found in the eleventh article of the Treaty of Gottorp of 26th June, 1715, concluded between the King of Great Britain, as Duke of Brunswick, Luneburg (Elector of Hanover), and King Frederick IV of Denmark, by which "his Royal Majesty in Great Britain engages and obliges himself, for his heirs and successors, to maintain King Frederick IV, his heirs and successors, in the occupation, enjoyment, and possession of the Ducal part of the

Duchy of Schleswig contra quoscunque in the most effective manner, and to guaranty assistance; and to that end on every occasion when need shall require it, and it shall be demanded of His Royal Majesty in Great Britain on the part of the King of Denmark, within six weeks a die requisitionis to furnish without fail the assistance determined in the next preceding article, and otherwise, according to the exigency of circumstances, to assist with all his might and all his power."

In consideration of this Guaranty Denmark gave up to the Elector of Hanover the Duchies of Bremen and Verden which she had conquered from Sweden in 1712, and which Hanover has retained down to the present day; and Hanover on her part united her forces with those of Denmark, and thereby contributed to bring about the Treaty of Stockholm, of June 3, 1720, and which Denmark would not consent to ratify, until she had obtained the separate acts of Guaranty on the part of the Kings of Great Britain and France on the 26th July and 8th August of the same year78.

A Guaranty being given in favour of one of the Contracting Parties to a Territorial settlement, does not authorise the Guarantying Power to interfere in the enforcement of the settlement, unless his interference should be invoked. If the Contracting Parties choose to vary the settlement, they have a right to do so, and the Guarantying Power cannot oppose it; the obligation upon the latter to support the Party who should complain of the infringement of the settlement, does not carry with it a right to interfere without invitation; for the Guaranty was not

87 Twiss on the Relations of mark and the Germanic Conthe Duchies of Schleswig and federation, p. 124. Holstein to the Crown of Den

given for the advantage of the Guarantying Power, otherwise it would have been a Principal in the Contract. Vattel observes, that it is of great importance to keep in mind the distinction in this respect, between a Treaty of Guaranty and a Treaty of Alliance, lest under colour of a Guaranty, a powerful Nation should claim to be arbiter of the affairs of its neighbours, and pretend to give law to them.

80

Dr. Phillimore so seems to doubt the soundness of the position, that a Convention of Guaranty does not apply to Political changes, and lays stress upon a passage in Vattels, in which that writer says, " An Ally ought doubtless to be defended against every invasion, against every foreign violence, and even against his rebellious Subjects." It may however well happen that Sovereign Princes are at liberty to enter into Treaties of Alliance for mutual assistance against their own Subjects, if they should revolt; as, for instance, the Sovereign Princes and Free Cities of Germany have entered into a League, under which they have bound themselves to intervene, if the Subjects of any Confederate State should revolt, and yet it may consist with Reason, that a Convention of nude and absolute Guaranty, contra quoscunque, will not extend to Political Troubles. Again, the second Treaty of Barrier 3, (30 Jan. 1713,) under which the Dutch engaged themselves to give aid to Queen Anne and her Successors to the British Crown, being Protestants, according to the order of Succession as established by the Parliament of England, against all

83

79 Droit des Gens, L. II. c. 16. Confederation. Art. XXV, and $286. XXVI. Martens, N. R. V. p. 489. 83 Schmauss, Corpus Jur. p. 1287. Dr. Phillimore refers to this Treaty, which Lord Liverpool terms a Defensive Alliance.

80 Commentaries on Interna- · tional Law, T. II. pp. 72, 75.

81 Vattel, L. II. c. 12. § 197. 82 Final Art. of the Germanic