the spirit of laws-第44章
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A conqueror； therefore； who reduces the conquered people to slavery； ought always to reserve to himself the means （for means there are without number） of restoring them to their liberty。
These are far from being vague and uncertain notions。 Thus our ancestors acted； those ancestors who conquered the Roman empire。 The laws they made in the heat and transport of passion and in the insolence of victory were gradually softened； those laws were at first severe； but were afterwards rendered impartial。 The Burgundians； Goths； and Lombards would have the Romans continue a conquered people； but the laws of Euric； Gundebald； and Rotharis made the Romans and barbarians fellow…citizens。＇1＇
Charlemagne； to tame the Saxons； deprived them of their liberty and property。 Louis the Debonnaire made them a free people；＇2＇ and this was one of the most prudent regulations during his whole reign。 Time and servitude had softened their manners； and they ever after adhered to him with the greatest fidelity。
4。 Some Advantages of a conquered People。 Instead of inferring such destructive consequences from the right of conquest； much better would it have been for politicians to mention the advantages which this very right may sometimes give to a conquered people advantages which would be more sensibly and more universally experienced were our law of nations exactly followed； and established in every part of the globe。
Conquered countries are； generally speaking； degenerated from their original institution。 Corruption has crept in； the execution of the laws has been neglected； and the government has grown oppressive。 Who can question but such a state would be a gainer； and derive some advantages from the very conquest itself； if it did not prove destructive？ When a government has arrived at that degree of corruption as to be incapable of reforming itself； it would not lose much by being newly moulded。 A conqueror who enters triumphant into a country where the moneyed men have； by a variety of artifices； insensibly arrived at innumerable ways of encroaching on the public； where the miserable people； who see abuses grown into laws； are ready to sink under the weight of impression； yet think they have no right to apply for redress a conqueror； I say； may make a total change； and then the tyranny of those wretches will be the first thing exposed to his resentment。
We have beheld； for instance； countries oppressed by the farmers of the revenues； and eased afterwards by the conqueror； who had neither the engagements nor wants of the legitimate prince。 Even the abuses have been often redressed without any interposition of the conqueror。
Sometimes the frugality of a conquering nation has enabled them to allow the conquered those necessaries of which they had been deprived under a lawful prince。
A conquest may destroy pernicious prejudices； and lay； if I may presume to use the expression； the nation under a better genius。
What good might not the Spaniards have done to the Mexicans？ They had a mild religion to impart to them； but they filled their heads with a frantic superstition。 They might have set slaves at liberty； they made freemen slaves。 They might have undeceived them with regard to the abuse of human sacrifices； instead of that they destroyed them。 Never should I have finished； were I to recount all the good they might have done； and all the mischief they committed。
It is a conqueror's business to repair a part of the mischief he has occasioned。 The right； therefore； of conquest I define thus： a necessary； lawful； but unhappy power； which leaves the conqueror under a heavy obligation of repairing the injuries done to humanity。
5。 Gelon； King of Syracuse。 The noblest treaty of peace ever mentioned in history is； in my opinion； that which Gelon made with the Carthaginians。 He insisted upon their abolishing the custom of sacrificing their children。＇3＇ Glorious indeed！ After having defeated three hundred thousand Carthaginians； he required a condition that was advantageous only to themselves； or rather he stipulated in favour of human nature。
The Bactrians exposed their aged fathers to be devoured by large mastiffs a custom suppressed by Alexander； whereby he obtained a signal triumph over superstition。
6。 Of Conquest made by a Republic。 It is contrary to the nature of things that in a confederate government one state should make any conquest over another； as in our days we have seen in Switzerland。＇4＇ In mixed confederate republics； where the association is between petty republics and monarchies； of a small extent； this is not so absurd。
Contrary is it also to the nature of things that a democratic republic should conquer towns which cannot enter into the sphere of its democracy。 It is necessary that the conquered people should be capable of enjoying the privileges of sovereignty； as was settled in the very beginning among the Romans。 The conquest ought to be limited to the number of citizens fixed for the democracy。
If a democratic republic subdues a nation in order to govern them as subjects； it exposes its own liberty； because it entrusts too great a power to those who are appointed to the command of the conquered provinces。
How dangerous would have been the situation of the republic of Carthage had Hannibal made himself master of Rome？ What would he not have done in his own country； had he been victorious； he who caused so many revolutions in it after his defeat？＇5＇
Hanno could never have dissuaded the senate from sending succour to Hannibal； had he used no other argument than his own jealousy。 The Carthaginian senate； whose wisdom is so highly extolled by Aristotle （and which has been evidently proved by the prosperity of that republic）； could never have been determined by other than solid reasons。 They must have been stupid not to see that an army at the distance of three hundred leagues would necessarily be exposed to losses which required reparation。
Hanno's party insisted that Hannibal should be delivered up to the Romans。＇6＇ They could not at that time be afraid of the Romans； they were therefore apprehensive of Hannibal。
It was impossible； some will say； for them to imagine that Hannibal had been so successful。 But how was it possible for them to doubt it？ Could the Carthaginians； a people spread over all the earth； be ignorant of what was transacting in Italy？ No： they were sufficiently acquainted with it； and for that reason they did not care to send supplies to Hannibal。
Hanno became more resolute after the battle of Trebia； after the battle of Thrasimenus； after that of Cann？； it was not his incredulity that increased； but his fear。
7。 The same Subject continued。 There is still another inconvenience in conquests made by democracies： their government is ever odious to the conquered states。 It is apparently monarchical： but in reality it is much more oppressive than monarchy； as the experience of all ages and countries evinces。
The conquered people are in a melancholy situation； they neither enjoy the advantages of a republic； nor those of a monarchy。
What has been here said of a popular state is applicable to aristocracy。
8。 The same Subject continued。 When a republic； therefore； keeps another nation in subjection； it should endeavour to repair the inconveniences arising from the nature of its situation by giving it good laws both for the political and civil government of the people。
We have an instance of an island in the Mediterranean； subject to an Italian republic； whose political and civil laws with regard to the inhabitants of that island were extremely defective。 The act of indemnity；＇7＇ by which it ordained that no one should be condemned to bodily punishment in consequence of the private knowledge of the governor； ex informata conscientia； is still recent in everybody's memory。 There have been frequent instances of the people's petitioning for privileges； here the sovereign grants only the common right of all nations。
9。 Of Conquests made by a Monarchy。 If a monarchy can long subsist before it is weakened by its increase； it will become formidable； and its strength will remain entire； while pent up by the neighbouring monarchies。
It ought not； therefore； to aim
