Politics: A Treatise on Government Part 5

Having established these points, we proceed next to consider whether one form of government only should be established, or more than one; and if more, how many, and of what sort, and what are the differences between them. The form of government is the ordering and regulating of the city, and all the offices in it, particularly those wherein the supreme power is lodged; and this power is always possessed by the administration; but the administration itself is that particular form of government which is established in any state: thus in a democracy the supreme power is lodged in the whole people; on the contrary, in an oligarchy it is in the hands of a few. We say then, that the form of government in these states is different, and we shall find the same thing hold good in others. Let us first determine for whose sake a city is established; and point out the different species of rule which man may submit to in social life.

I have already mentioned in my treatise on the management of a family, and the power of the master, that man is an animal naturally formed for society, and that therefore, when he does not want any foreign a.s.sistance, he will of his own accord desire to live with others; not but that mutual advantage induces them to it, as far as it enables each person to live more agreeably; and this is indeed the great object not only to all in general, but also to each individual: but it is not merely matter of choice, but they join in society also, even that they may be able to live, which probably is not without some share of merit, and they also support civil society, even for the sake of preserving life, without they are grievously overwhelmed with the miseries of it: for it is very evident that men will endure many calamities for the sake of living, as being something naturally sweet and desirable. It is easy to point out the different modes of government, and we have already settled them in our exoteric discourses. The power of the master, though by nature equally serviceable, both to the master and to the slave, yet nevertheless has for its object the benefit of the master, while the benefit of the slave arises accidentally; for if the slave is destroyed, the power of the master is at an end: but the authority which a man has over his wife, and children, and his family, which we call domestic government, is either for the benefit of those who are under subjection, or else for the common benefit of the whole: but its particular object is the benefit of the governed, as we see in other arts; in physic, for instance, and the gymnastic exercises, wherein, if any benefit [1279a]

arise to the master, it is accidental; for nothing forbids the master of the exercises from sometimes being himself one of those who exercises, as the steersman is always one of the sailors; but both the master of the exercises and the steersman consider the good of those who are under their government. Whatever good may happen to the steersman when he is a sailor, or to the master of the exercises when he himself makes one at the games, is not intentional, or the object of their power; thus in all political governments which are established to preserve and defend the equality of the citizens it is held right to rule by turns. Formerly, as was natural, every one expected that each of his fellow-citizens should in his turn serve the public, and thus administer to his private good, as he himself when in office had done for others; but now every one is desirous of being continually in power, that he may enjoy the advantage which he makes of public business and being in office; as if places were a never-failing remedy for every complaint, and were on that account so eagerly sought after.

It is evident, then, that all those governments which have a common good in view are rightly established and strictly just, but those who have in view only the good of the rulers are all founded on wrong principles, and are widely different from what a government ought to be, for they are tyranny over slaves, whereas a city is a community of freemen.

CHAPTER VII

Having established these particulars, we come to consider next the different number of governments which there are, and what they are; and first, what are their excellencies: for when we have determined this, their defects will be evident enough.

It is evident that every form of government or administration, for the words are of the same import, must contain a supreme power over the whole state, and this supreme power must necessarily be in the hands of one person, or a few, or many; and when either of these apply their power for the common good, such states are well governed; but when the interest of the one, the few, or the many who enjoy this power is alone consulted, then ill; for you must either affirm that those who make up the community are not citizens, or else let these share in the advantages of government. We usually call a state which is governed by one person for the common good, a kingdom; one that is governed by more than one, but by a few only, an aristocracy; either because the government is in the hands of the most worthy citizens, or because it is the best form for the city and its inhabitants. When the citizens at large govern for the public good, it is called a state; which is also a common name for all other governments, and these distinctions are consonant to reason; for it will not be difficult to find one person, or a very few, of very distinguished abilities, but almost impossible to meet with the majority [1279b] of a people eminent for every virtue; but if there is one common to a whole nation it is valour; for this is created and supported by numbers: for which reason in such a state the profession of arms will always have the greatest share in the government.

Now the corruptions attending each of these governments are these; a kingdom may degenerate into a tyranny, an aristocracy into an oligarchy, and a state into a democracy. Now a tyranny is a monarchy where the good of one man only is the object of government, an oligarchy considers only the rich, and a democracy only the poor; but neither of them have a common good in view.

CHAPTER VIII

It will be necessary to enlarge a little more upon the nature of each of these states, which is not without some difficulty, for he who would enter into a philosophical inquiry into the principles of them, and not content himself with a superficial view of their outward conduct, must pa.s.s over and omit nothing, but explain the true spirit of each of them.

A tyranny then is, as has been said, a monarchy, where one person has an absolute and despotic power over the whole community and every member therein: an oligarchy, where the supreme power of the state is lodged with the rich: a democracy, on the contrary, is where those have it who are worth little or nothing. But the first difficulty that arises from the distinctions which we have laid down is this, should it happen that the majority of the inhabitants who possess the power of the state (for this is a democracy) should be rich, the question is, how does this agree with what we have said? The same difficulty occurs, should it ever happen that the poor compose a smaller part of the people than the rich, but from their superior abilities acquire the supreme power; for this is what they call an oligarchy; it should seem then that our definition of the different states was not correct: nay, moreover, could any one suppose that the majority of the people were poor, and the minority rich, and then describe the state in this manner, that an oligarchy was a government in which the rich, being few in number, possessed the supreme power, and that a democracy was a state in which the poor, being many in number, possessed it, still there will be another difficulty; for what name shall we give to those states we have been describing? I mean, that in which the greater number are rich, and that in which the lesser number are poor (where each of these possess the supreme power), if there are no other states than those we have described. It seems therefore evident to reason, that whether the supreme power is vested in the hands of many or few may be a matter of accident; but that it is clear enough, that when it is in the hands of the few, it will be a government of the rich; when in the hands of the many, it will be a government of the poor; since in all countries there are many poor and few rich: it is not therefore the cause that has been already a.s.signed (namely, the number of people in power) that makes the difference between the two governments; but an oligarchy and democracy differ in this from each other, in the poverty of those who govern in the one, and the riches I28oa of those who govern in the other; for when the government is in the hands of the rich, be they few or be they more, it is an oligarchy; when it is in the hands of the poor, it is a democracy: but, as we have already said, the one will be always few, the other numerous, but both will enjoy liberty; and from the claims of wealth and liberty will arise continual disputes with each other for the lead in public affairs.

CHAPTER IX

Let us first determine what are the proper limits of an oligarchy and a democracy, and what is just in each of these states; for all men have some natural inclination to justice; but they proceed therein only to a certain degree; nor can they universally point out what is absolutely just; as, for instance, what is equal appears just, and is so; but not to all; only among those who are equals: and what is unequal appears just, and is so; but not to all, only amongst those who are unequals; which circ.u.mstance some people neglect, and therefore judge ill; the reason for which is, they judge for themselves, and every one almost is the worst judge in his own cause. Since then justice has reference to persons, the same distinctions must be made with respect to persons which are made with respect to things, in the manner that I have already described in my Ethics.

As to the equality of the things, these they agree in; but their dispute is concerning the equality of the persons, and chiefly for the reason above a.s.signed; because they judge ill in their own cause; and also because each party thinks, that if they admit what is right in some particulars, they have done justice on the whole: thus, for instance, if some persons are unequal in riches, they suppose them unequal in the whole; or, on the contrary, if they are equal in liberty, they suppose them equal in the whole: but what is absolutely just they omit; for if civil society was founded for the sake of preserving and increasing property, every one's right in the city would be equal to his fortune; and then the reasoning of those who insist upon an oligarchy would be valid; for it would not be right that he who contributed one mina should have an equal share in the hundred along with him who brought in all the rest, either of the original money or what was afterwards acquired.

Nor was civil society founded merely to preserve the lives of its members; but that they might live well: for otherwise a state might be composed of slaves, or the animal creation: but this is not so; for these have no share in the happiness of it; nor do they live after their own choice; nor is it an alliance mutually to defend each other from injuries, or for a commercial intercourse: for then the Tyrrhenians and Carthaginians, and all other nations between whom treaties of commerce subsist, would be citizens of one city; for they have articles to regulate their exports and imports, and engagements for mutual protection, and alliances for mutual defence; but [1280b] yet they have not all the same magistrates established among them, but they are different among the different people; nor does the one take any care, that the morals of the other should be as they ought, or that none of those who have entered into the common agreements should be unjust, or in any degree vicious, only that they do not injure any member of the confederacy. But whosoever endeavours to establish wholesome laws in a state, attends to the virtues and the vices of each individual who composes it; from whence it is evident, that the first care of him who would found a city, truly deserving that name, and not nominally so, must be to have his citizens virtuous; for otherwise it is merely an alliance for self-defence; differing from those of the same cast which are made between different people only in place: for law is an agreement and a pledge, as the sophist Lycophron says, between the citizens of their intending to do justice to each other, though not sufficient to make all the citizens just and good: and that this is fact is evident, for could any one bring different places together, as, for instance, enclose Megara and Corinth in a wall, yet they would not be one city, not even if the inhabitants intermarried with each other, though this inter-community contributes much to make a place one city. Besides, could we suppose a set of people to live separate from each other, but within such a distance as would admit of an intercourse, and that there were laws subsisting between each party, to prevent their injuring one another in their mutual dealings, supposing one a carpenter, another a husbandman, shoemaker, and the like, and that their numbers were ten thousand, still all that they would have together in common would be a tariff for trade, or an alliance for mutual defence, but not the same city. And why? not because their mutual intercourse is not near enough, for even if persons so situated should come to one place, and every one should live in his own house as in his native city, and there should be alliances subsisting between each party to mutually a.s.sist and prevent any injury being done to the other, still they would not be admitted to be a city by those who think correctly, if they preserved the same customs when they were together as when they were separate.

It is evident, then, that a city is not a community of place; nor established for the sake of mutual safety or traffic with each other; but that these things are the necessary consequences of a city, although they may all exist where there is no city: but a city is a society of people joining together with their families and their children to live agreeably for the sake of having their lives as happy and as independent as possible: and for this purpose it is necessary that they should live in one place and intermarry with each other: hence in all cities there are family-meetings, clubs, sacrifices, and public entertainments to promote friendship; for a love of sociability is friendship itself; so that the end then for which a city is established is, that the inhabitants of it may live happy, and these things are conducive to that end: for it is a community of families and villages for the sake of a perfect independent life; that is, as we have already said, for the sake of living well and happily. It is not therefore founded for the purpose of men's merely [1281a] living together, but for their living as men ought; for which reason those who contribute most to this end deserve to have greater power in the city than those who are their equals in family and freedom, but their inferiors in civil virtue, or those who excel them in wealth but are below them in worth. It is evident from what has been said, that in all disputes upon government each party says something that is just.

CHAPTER X

It may also be a doubt where the supreme power ought to be lodged.

Shall it be with the majority, or the wealthy, with a number of proper persons, or one better than the rest, or with a tyrant? But whichever of these we prefer some difficulty will arise. For what? shall the poor have it because they are the majority? they may then divide among themselves, what belongs to the rich: nor is this unjust; because truly it has been so judged by the supreme power. But what avails it to point out what is the height of injustice if this is not? Again, if the many seize into their own hands everything which belongs to the few, it is evident that the city will be at an end. But virtue will never destroy what is virtuous; nor can what is right be the ruin of the state: therefore such a law can never be right, nor can the acts of a tyrant ever be wrong, for of necessity they must all be just; for he, from his unlimited power, compels every one to obey his command, as the mult.i.tude oppress the rich. Is it right then that the rich, the few, should have the supreme power? and what if they be guilty of the same rapine and plunder the possessions of the majority, that will be as right as the other: but that all things of this sort are wrong and unjust is evident.

Well then, these of the better sort shall have it: but must not then all the other citizens live unhonoured, without sharing the offices of the city; for the offices of a city are its honours, and if one set of men are always in power, it is evident that the rest must be without honour.

Well then, let it be with one person of all others the fittest for it: but by this means the power will be still more contracted, and a greater number than before continue unhonoured. But some one may say, that it is wrong to let man have the supreme power and not the law, as his soul is subject to so many pa.s.sions. But if this law appoints an aristocracy, or a democracy, how will it help us in our present doubts? for those things will happen which we have already mentioned.

CHAPTER XI

Other particulars we will consider separately; but it seems proper to prove, that the supreme power ought to be lodged with the many, rather than with those of the better sort, who are few; and also to explain what doubts (and probably just ones) may arise: now, though not one individual of the many may himself be fit for the supreme power, yet when these many are joined together, it does not follow but they may be better qualified for it than those; and this not separately, but as a collective body; as the public suppers exceed those which are given at one person's private expense: for, as they are many, each person brings in his share of virtue and wisdom; and thus, coming together, they are like one man made up of a mult.i.tude, with many feet, many hands, and many intelligences: thus is it with respect to the manners and understandings of the mult.i.tude taken together; for which reason the public are the best judges of music and poetry; for some understand one part, some another, and all collectively the whole; and in this particular men of consequence differ from each of the many; as they say those who are beautiful do from those who are not so, and as fine pictures excel any natural objects, by collecting the several beautiful parts which were dispersed among different originals into one, although the separate parts, as the eye or any other, might be handsomer than in the picture.

But if this distinction is to be made between every people and every general a.s.sembly, and some few men of consequence, it may be doubtful whether it is true; nay, it is clear enough that, with respect to a few, it is not; since the same conclusion might be applied even to brutes: and indeed wherein do some men differ from brutes? Not but that nothing prevents what I have said being true of the people in some states. The doubt then which we have lately proposed, with all its consequences, may be settled in this manner; it is necessary that the freemen who compose the bulk of the people should have absolute power in some things; but as they are neither men of property, nor act uniformly upon principles of virtue, it is not safe to trust them with the first offices in the state, both on account of their iniquity and their ignorance; from the one of which they will do what is wrong, from the other they will mistake: and yet it is dangerous to allow them no power or share in the government; for when there are many poor people who are incapable of acquiring the honours of their country, the state must necessarily have many enemies in it; let them then be permitted to vote in the public a.s.semblies and to determine causes; for which reason Socrates, and some other legislators, gave them the power of electing the officers of the state, and also of inquiring into their conduct when they came out of office, and only prevented their being magistrates by themselves; for the mult.i.tude when they are collected together have all of them sufficient understanding for these purposes, and, mixing among those of higher rank, are serviceable to the city, as some things, which alone are improper for food, when mixed with others make the whole more wholesome than a few of them would be.

But there is a difficulty attending this form of government, for it seems, that the person who himself was capable of curing any one who was then sick, must be the best judge whom to employ as a physician; but such a one must be himself a physician; and the same holds true in every other practice and art: and as a physician ought [1282a] to give an account of his practice to a physician, so ought it to be in other arts: those whose business is physic may be divided into three sorts, the first of these is he who makes up the medicines; the second prescribes, and is to the other as the architect is to the mason; the third is he who understands the science, but never practises it: now these three distinctions may be found in those who understand all other arts; nor have we less opinion of their judgment who are only instructed in the principles of the art than of those who practise it: and with respect to elections the same method of proceeding seems right; for to elect a proper person in any science is the business of those who are skilful therein; as in geometry, of geometricians; in steering, of steersmen: but if some individuals should know something of particular arts and works, they do not know more than the professors of them: so that even upon this principle neither the election of magistrates, nor the censure of their conduct, should be entrusted to the many.

But probably all that has been here said may not be right; for, to resume the argument I lately used, if the people are not very brutal indeed, although we allow that each individual knows less of these affairs than those who have given particular attention to them, yet when they come together they will know them better, or at least not worse; besides, in some particular arts it is not the workman only who is the best judge; namely, in those the works of which are understood by those who do not profess them: thus he who builds a house is not the only judge of it, for the master of the family who inhabits it is a better; thus also a steersman is a better judge of a tiller than he who made it; and he who gives an entertainment than the cook. What has been said seems a sufficient solution of this difficulty; but there is another that follows: for it seems absurd that the power of the state should be lodged with those who are but of indifferent morals, instead of those who are of excellent characters. Now the power of election and censure are of the utmost consequence, and this, as has been said, in some states they entrust to the people; for the general a.s.sembly is the supreme court of all, and they have a voice in this, and deliberate in all public affairs, and try all causes, without any objection to the meanness of their circ.u.mstances, and at any age: but their treasurers, generals, and other great officers of state are taken from men of great fortune and worth. This difficulty also may be solved upon the same principle; and here too they may be right, for the power is not in the man who is member of the a.s.sembly, or council, but the a.s.sembly itself, and the council, and the people, of which each individual of the whole community are the parts, I mean as senator, adviser, or judge; for which reason it is very right, that the many should have the greatest powers in their own hands; for the people, the council, and the judges are composed of them, and the property of all these collectively is more than the property of any person or a few who fill the great offices of the state: and thus I determine these points.

The first question that we stated shows plainly, that the supreme power should be lodged in laws duly made and that the magistrate or magistrates, either one or more, should be authorised to determine those cases which the laws cannot particularly speak to, as it is impossible for them, in general language, to explain themselves upon everything that may arise: but what these laws are which are established upon the best foundations has not been yet explained, but still remains a matter of some question: but the laws of every state will necessarily be like every state, either trifling or excellent, just or unjust; for it is evident, that the laws must be framed correspondent to the const.i.tution of the government; and, if so, it is plain, that a well-formed government will have good laws, a bad one, bad ones.

CHAPTER XII

Since in every art and science the end aimed at is always good, so particularly in this, which is the most excellent of all, the founding of civil society, the good wherein aimed at is justice; for it is this which is for the benefit of all. Now, it is the common opinion, that justice is a certain equality; and in this point all the philosophers are agreed when they treat of morals: for they say what is just, and to whom; and that equals ought to receive equal: but we should know how we are to determine what things are equal and what unequal; and in this there is some difficulty, which calls for the philosophy of the politician. Some persons will probably say, that the employments of the state ought to be given according to every particular excellence of each citizen, if there is no other difference between them and the rest of the community, but they are in every respect else alike: for justice attributes different things to persons differing from each other in their character, according to their respective merits. But if this is admitted to be true, complexion, or height, or any such advantage will be a claim for a greater share of the public rights. But that this is evidently absurd is clear from other arts and sciences; for with respect to musicians who play on the flute together, the best flute is not given to him who is of the best family, for he will play never the better for that, but the best instrument ought to be given to him who is the best artist.

If what is now said does not make this clear, we will explain it still further: if there should be any one, a very excellent player on the flute, but very deficient in family and beauty, though each of them are more valuable endowments than a skill in music, and excel this art in a higher degree than that player excels others, yet the best flutes ought to be given to him; for the superiority [1283a] in beauty and fortune should have a reference to the business in hand; but these have none.

Moreover, according to this reasoning, every possible excellence might come in comparison with every other; for if bodily strength might dispute the point with riches or liberty, even any bodily strength might do it; so that if one person excelled in size more than another did in virtue, and his size was to qualify him to take place of the other's virtue, everything must then admit of a comparison with each other; for if such a size is greater than virtue by so much, it is evident another must be equal to it: but, since this is impossible, it is plain that it would be contrary to common sense to dispute a right to any office in the state from every superiority whatsoever: for if one person is slow and the other swift, neither is the one better qualified nor the other worse on that account, though in the gymnastic races a difference in these particulars would gain the prize; but a pretension to the offices of the state should be founded on a superiority in those qualifications which are useful to it: for which reason those of family, independency, and fortune, with great propriety, contend with each other for them; for these are the fit persons to fill them: for a city can no more consist of all poor men than it can of all slaves But if such persons are requisite, it is evident that those also who are just and valiant are equally so; for without justice and valour no state can be supported, the former being necessary for its existence, the latter for its happiness.

CHAPTER XIII

It seems, then, requisite for the establishment of a state, that all, or at least many of these particulars should be well canva.s.sed and inquired into; and that virtue and education may most justly claim the right of being considered as the necessary means of making the citizens happy, as we have already said. As those who are equal in one particular are not therefore equal in all, and those who are unequal in one particular are not therefore unequal in all, it follows that all those governments which are established upon a principle which supposes they are, are erroneous.

We have already said, that all the members of the community will dispute with each other for the offices of the state; and in some particulars justly, but not so in general; the rich, for instance, because they have the greatest landed property, and the ultimate right to the soil is vested in the community; and also because their fidelity is in general most to be depended on. The freemen and men of family will dispute the point with each other, as nearly on an equality; for these latter have a right to a higher regard as citizens than obscure persons, for honourable descent is everywhere of great esteem: nor is it an improper conclusion, that the descendants of men of worth will be men of worth themselves; for n.o.ble birth is the fountain of virtue to men of family: for the same reason also we justly say, that virtue has a right to put in her pretensions. Justice, for instance, is a virtue, and so necessary to society, that all others must yield her the precedence.

Let us now see what the many have to urge on their side against the few; and they may say, that if, when collectively taken, they are compared with them, they are stronger, richer, and better than they are. But should it ever happen that all these should inhabit the [1283b] same city, I mean the good, the rich, the n.o.ble, as well as the many, such as usually make up the community, I ask, will there then be any reason to dispute concerning who shall govern, or will there not? for in every community which we have mentioned there is no dispute where the supreme power should be placed; for as these differ from each other, so do those in whom that is placed; for in one state the rich enjoy it, in others the meritorious, and thus each according to their separate manners. Let us however consider what is to be done when all these happen at the same time to inhabit the same city. If the virtuous should be very few in number, how then shall we act? shall we prefer the virtuous on account of their abilities, if they are capable of governing the city? or should they be so many as almost entirely to compose the state?

There is also a doubt concerning the pretensions of all those who claim the honours of government: for those who found them either on fortune or family have nothing which they can justly say in their defence; since it is evident upon their principle, that if any one person can be found richer than all the rest, the right of governing all these will be justly vested in this one person. In the same manner, one man who is of the best family will claim it from those who dispute the point upon family merit: and probably in an aristocracy the same dispute might arise on the score of virtue, if there is one man better than all the other men of worth who are in the same community; it seems just, by the same reasoning, that he should enjoy the supreme power. And upon this principle also, while the many suppose they ought to have the supreme command, as being more powerful than the few, if one or more than one, though a small number should be found stronger than themselves, these ought rather to have it than they.

All these things seem to make it plain, that none of these principles are justly founded on which these persons would establish their right to the supreme power; and that all men whatsoever ought to obey them: for with respect to those who claim it as due to their virtue or their fortune, they might have justly some objection to make; for nothing hinders but that it may sometimes happen, that the many may be better or richer than the few, not as individuals, but in their collective capacity.

As to the doubt which some persons have proposed and objected, we may answer it in this manner; it is this, whether a legislator, who would establish the most perfect system of laws, should calculate them for the use of the better part of the citizens, or the many, in the circ.u.mstances we have already mentioned? The rect.i.tude of anything consists in its equality; that therefore which is equally right will be advantageous to the whole state, and to every member of it in common.

Now, in general, a citizen is one who both shares in the government and also in his turn submits to be governed; [1284a] their condition, it is true, is different in different states: the best is that in which a man is enabled to choose and to persevere in a course of virtue during his whole life, both in his public and private state. But should there be one person, or a very few, eminent for an uncommon degree of virtue, though not enough to make up a civil state, so that the virtue of the many, or their political abilities, should be too inferior to come in comparison with theirs, if more than one; or if but one, with his only; such are not to be considered as part of the city; for it would be doing them injustice to rate them on a level with those who are so far their inferiors in virtue and political abilities, that they appear to them like a G.o.d amongst men. From whence it is evident, that a system of laws must be calculated for those who are equal to each other in nature and power. Such men, therefore, are not the object of law; for they are themselves a law: and it would be ridiculous in any one to endeavour to include them in the penalties of a law: for probably they might say what Antisthenes tells us the lions did to the hares when they demanded to be admitted to an equal share with them in the government. And it is on this account that democratic states have established the ostracism; for an equality seems the princ.i.p.al object of their government. For which reason they compel all those who are very eminent for their power, their fortune, their friendships, or any other cause which may give them too great weight in the government, to submit to the ostracism, and leave the city for a stated time; as the fabulous histories relate the Argonauts served Hercules, for they refused to take him with them in the ship Argo on account of his superior valour. For which reason those who hate a tyranny and find fault with the advice which Periander gave to Thrasybulus, must not think there was nothing to be said in its defence; for the story goes, that Periander said nothing to the messenger in answer to the business he was consulted about, but striking off those ears of corn which were higher than the rest, reduced the whole crop to a level; so that the messenger, without knowing the cause of what was done, related the fact to Thrasybulus, who understood by it that he must take off all the princ.i.p.al men in the city. Nor is this serviceable to tyrants only; nor is it tyrants only who do it; for the same thing is practised both in oligarchies and democracies: for the ostracism has in a manner nearly the same power, by restraining and banishing those who are too great; and what is done in one city is done also by those who have the supreme power in separate states; as the Athenians with respect to the Samians, the Chians, and the Lesbians; for when they suddenly acquired the superiority over all Greece, they brought the other states into subjection, contrary to the treaties which subsisted between them.