6. Alinost all the powers that remained neutral at the time when this system was formed successively acceded to ; and, among the belligerent powers, France and Spain did not oppose it. Great Britain has never acknowledg ed it.
ir this system was adopted in 1780 for the then present war only, the declarations of the patties sufficiently prove their intention to have been that it should serve as a basis for a like system in future wars; and experience has fully confirmed the conjecture.* I. The enemy ought, strictly speaking, to put an end to the war as soon as he has obtained or can obtain the sa tisfaction demanded, a compensation for the expenses of the war, and security for the future. But it is policy that usually determines the duration of a war. Sometimes the demanded satisfaction is never obtained, and sometimes the arm' is carried on for vengeance or conquest's sake, after satisfaction is or may be obtained.
The first overtures for peace are sometimes made by one of the belligerent powers, and sometimes by a neon al power, their common friend. The negotiations also are sometimes opened by the belligerent powers themselves, and sometimes by a neutral power that interposes its good offi ces, or becomes mediator. These negotiations are carried on at the court of one of the belligerent powers, at that of a mediator, or at any other place named by the parties as the place of assembly for the congress.
2. When the negotiators have come to an agreement on the points which are to serve as the basis of a treaty of peace, and certain difficulties remain to be done away which are not of importance enough to induce the panties to con thine or renew the war, preliminary treaties are generally agreed upon. These treaties differ us to elicit form ; some times they are mere minutes, and sometimes they have all the clauses usually found in formal treaties. In general, Nviten signed and ratified, they are obligatory, even before the definitive treaty is concluded, and remain so if the de finitive treaty should not be concluded, unless stipulated oilierwise• When the preliminary treaty is concluded, the parties continue to negotiate on the points that remain unsettled, in order to the conclusion and ratification of the definitive treaty.
3. In a treaty of peace, we may distinguish the general at tides, which bear a strong resemblance to each other in all treaties of peace, from the particular articles, which, be ing proper to the treaties in which they are inserted, are not susceptible of comparison.
After the introduction usually follow the general arti cles, respecting the re•establishment of peace and friend ship, the cessation of hostilities and contributions, the ex change or release of prisoners of war, and the general am nesty.
Then follow the principal particular articles, which, after having specified and renewed the treaties that are to serve as the basis of the peace, treat of the !natters which occa sioned the war, and particularly of what concerns posses sion, whether there arc concessions or compensations to be made, or whether the principle of the uti flossidetis has been adopted.
The treaty concludes with specifying the time when, and sometimes the place where, the ratifications are to be ex changed.
4. Sometimes foreign powers are called in as guarantees of a treaty. A guarantee may extend to the treaty in gene ral, of he confined to some particular article or articles of it ; in the former ease it is called general, in the latter pat ticular. It may also be for one of the contracting parties only, or for all of them.
In general a guarantee engages to maintain the treaty, by promising to lend assistance to the party who shall com plain of an infraction of it, and who shall demand such as sistance.
A guarantee has no right to oppose the alterations that the contracting parties may afterwards make in the treaty by mutual consent ; but neither is lie obliged to guarantee the treaty when so altered.
5. The treaty of peace being signed and ratified, it only remains to publish and put it in execution. The former is generally clone with solemnity ; the latter often meets with a great deal of difficulty, particularly when an invaded territory is to be evacuated, or provinces, Ste. are to be ceded to a power that is not in possession of them at the time of making the treaty of peace. These difficulties sometimes occasion particular conventions, and even con gresses of execution ; and it is fortunate if by such means the embers of war are entirely extinguished.
Such of our readers as may wish to extend their inquiries on this subject, may consult the following works : Cumberland's Treatise on the Law of Xature, Latin, translated by the Rev. J. Towers, with Notes, 4to. 1750.
Grotius De Jure Belli ac Pacis. There is a translation in folio, 1738, with all the valuable notes of Barbeyrac.
Heineccius, Systenz of the Law of Xature and translated from the Latin, with notes by Dr. Turnbull, 2 vols. 8vo. 1763.