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Show 90 ON THE SLAVERY AND CoMMERCr. with the Carthaginians, when the latter, defeated at z.una, fued for peace. It confilled of three articles. ·* By the firll:, the Carthaginians were to be free, and to enjoy t heir own conil.itution and laws. By the fecond, they were to pay a confiderable fum of money, as a reparation for the damages and ex pence of war: and, by the third, they were to deliver up their elephants and i11ips of war, and to be fubjeCl: to various reil.riCl:ions, as a punifhment. With thefe terms they complied, and the war was fini01ed. Thus then did the Romans make that dill:inCl:ion between private and publick war, which was nece!fary to be made, and which the argument is fallacious in not fuppofing. The treqji~ry of the vanqui01ed was marked as the means of reparation; and as this treafury was fupplied, in a great meafure, • 1. Ut libcri fuis legibus viverent. Livy, L. 30. 37· z Decem millia talentO.m argenti defcripta pcnfionibua cx:quis in annos quinquaginta folverent. Ibid. 3· · Et naves roftratas, pra:ter decem triremes, traderent. elcphantoflJUC, quos habcrent domitos; ncque domarcnt alios; Bellum neve in Africa, neve cx1ra Africam, injufi'u P.R. gererent, &c. Ibid. by ' ; OF TilE HuMAN SPECIES. by the impofition of taxes, and was, wholly, the property of the publick, fo the publick made the reparation that was due. The elephants alfo, and Jbips of war, which were marked as the means of pzmifoment, were publick property; and as they were confidcrable inll:ruments of fecurity and defence to _!_heir polle!fors, and of annoyance to an enemy, fo. their lofs, added to the rell:riCl:ions of the treaty, operated as a great and publick puni01ment. But with refpcCl: to the Carthaginian prifoners, who had been taken in the war, they were retained in Jervitude: not upon the principles of reparation and punijhment, becaufe the Romans had already received, by their own confellion in the treaty, a fuflicient fatisfaCl:ion: not upon thefe principles, becaufc they were inapplicable to individuals: the legionary foldier in the fervice of the injured, who took his prifoner, was not the pcrfon, to whom the injury had bun dom, any more than the foldier in the fcrvice of the aggre!fors, who was taken, was the perfon, who had committed the riffence: but they were retained in fervitude by the right of capture; becaufe, when |
