Lav 



of Nations. 



Offensive or 

 defensive. 



Reasons 

 which justi- 

 'y war. 



Of the de- 

 claration of 

 war. 



Rights eon 

 sequent 

 upon it. 



628 L A 



dertaken or carried on but by the authority of the sove- 

 reign ; but he may vest t!ie right of making war in 

 such of his subjects as he thinks proper. Thus the In- 

 <!ia Companies of England and Holland, who enjoy a 

 territorial superiority with respect to their possessions 

 out of Europe, have also obtained from their sovereigns 

 the right of making war. Their troops and vessels 

 ought therefore to be treated as lawful enemies. 



2. National wars are offensive or defensive. War is 

 offensive on the part of the sovereign who commits the 

 first act of violence against another, whether in enter- 

 ing his territory with an armed force, attacking him on 

 the high seas, or in the territory of a third power. It 

 is defensive on the part of him who receives the first 

 act of violence. But it must be observed, that if a 

 sovereign sees himself menaced with an attack, he may 

 take up arms in order to .ward off the blow, and may 

 even commence the exercise of thdSe violences that his 

 enemy is preparing to exercise- against him, without 

 being chargeable with having begun an offensive war. 

 Such measures in such a case are no more than the 

 means of simple defence. 



3. Nothing short of the violation of a perfect right, 

 either committed, committing, or with which a nation 



i threatened in future, Can justify the undertaking of a 

 war. On the other hand, every such violation when 

 proved, and when amicable means have been tried in 

 vain, or when it is evident that it would be useless to 

 try such means, justifies the injured party in resorting 

 to arms. 



It is impossible that the sentiments of the belligerent 

 parties should not be in direct opposition with regard 

 to the justice or injustice of the war; yet if it be not 

 manifestly unjust, their own welfare induces them to 

 consider it as lawful, as far as respects the treatment of 

 the enemy, and the validity of conventions and treaties 

 of peace. 



4. The universal law of nations acknowledges no 

 general obligation of making a declaration of war to 

 the enemy, previous to a commencement of hostili- 

 ties. Many ancient nations looked on such a declara- 

 tion as essential, and it was practised in Europe till 

 the seventeenth century ; but now-a-days nations con- 

 tent themselves with publishing a declaration of war 

 through their own dominions, and explaining their mo- 

 tives to other powers in writing. The publishing of war 

 in this manner is looked upon as so essential, that nations 

 have often demanded a restitution of every thing taken 

 from them by the enemy before such publication. 

 Sometimes, however, nations over-rule such demands 

 by insisting that the war has been tacitly declared. 



5. From the moment a sovereign is in a state of war 

 he has a right, strictly speaking, to act as an enemy 

 not only with respect to the persons and property found 

 in the territory of the enemy, but also with respect to 

 his enemy's subjects and their property which may 

 happen to be situated in his own territory at the break- 

 ing out of the war. He has a right, then, to seize on 

 their ships found in his ports, and on all their other 

 property, to arrest their persons, and to declare null 

 and void all the debts which the state may have con- 

 tracted with them. 



Nations, however, for their mutual benefit, have been 

 nduced to temper the rigour of this right. First, In 

 any instances nations have stipulated, in case of a 

 rupture between them, to give each others subjects 

 esidmg in their territory at the breaking out of a 

 war, or coming to it not knowing of the declara- 

 tion of war, a specified time for the removal of them- 



2 



W.' 



selves and their property. Second, Sometimes it is La* 

 agreed to let the subjects of an enemy remain during of Nations. 

 the whole course of the war? or so long a& they live > "-Y'-*' 

 peaceably and quietly. Third, Besides thesf precau- 

 tions taken between nation and nation, many states 

 have provided, by particular laws and privileges, for the 

 protection of the persons and property of an enemy's 

 subjects. Fourth, Generally a nation does not ven- 

 ture to touch the capital which the subjects of the ene- 

 my may have in its funds, or which it may otherwise 

 owe to such subjects. 



Where there are neither treaties nor laws touching 

 these points, nations continue still to seize on all the 

 property belonging to its enemy's subjects which is 

 carried into its territories after the declaration of war. 

 Sometimes too we see a state make seizures provision- 

 ally, till assurance is received that the state which has 

 done the injury is ready to make reparation, or fulfil its 

 obligations. 



Whatever be the conduct observed towards the sub- 

 jects of an enemy, his ambassadors er other public 

 ministers are always obliged to quit the state as soon 

 as a war breaks out ; but they are allowed to depart, 

 and to remove their property, without the least molesta- 

 tion. The Turks are the only nation who violate this 

 law. 



CHAP. III. Of the Manner of Malting War. 



\. The law of nations permits the use of all the LWS o 

 means necessary to obtain the satisfaction sought by a war. 

 lawful war. Circumstances alone, then, must deter- 

 mine on the means proper to be employed ; and there- 

 fore war gives a nation an unlimited right of exercising 

 violence against its enemy. But the civilized powers 

 of Europe, animated by a desire of diminishing the 

 horrors of war, now acknowledge certain violences, 

 which are as destructive to both parties as contrary to 

 sound policy, as unlawful, though not entirely forbid- 

 den by the rigour of the law of nations. Hence those 

 customs which are at present called the lams of rear. 



These laws, which are sanctified by custom, and in 

 some cases even by treaty, have been observed with 

 greater punctuality since war has been carried on by 

 means of regular troops : nor does any civilized na- 

 tion now think itself justifiable in departing from them 

 unless the enemy set the example ; or unless an ur- 

 gent necessity, arising from extraordinary circum- 

 stances, admit of exceptions authorised by reasons of 

 war. 



2. According to modern usage, every individual in SftUi 



a state is not allowed to fall upon the enemy, even after & c . may 

 war has been declared against him. Sold'iers, by the alone law- 

 order of their commanders, and such other subjects as fuU J' exer - 

 may obtain express permission for the purpose from c ' se hostili - 

 their sovereign, may lawfully exercise hostilities; and *"*' 

 are looked upon by the enemy as lawful enemies ; but 

 those, on the contrary, who not being so authorised 

 take upon them to attack the enemy, are treated by 

 him as banditti ; and even the state to which they be- 

 long ought to punish them as such. 



If subjects confine themselves to simple defence, it 

 would appear that circumstances ought to determine 

 whether, acting by the presumed order of their sove- 

 reign, they ought to be treated as lawful enemies or 

 not. They are, however, generally treated with more 

 rigour than those who act by express authority. 



3. Among the arms and other means of doing injury Unlawful 

 to an enemy, there are several which custom has de- anna. 



