REP 



only in confequence of that confidence wliich tlie proprietor 

 has put in our good faith ; and it ought to bo reipcfted, 

 even in cafes of open wr.i'. Thus it has been uliial to be- 

 have in France, England, and elfewhcre, witli reipc6l to 

 the money which foreigners have placed in th.e pubhc funds. 

 He, however, who makes ufe of reprifals againil a nation, 

 on the goods of its members indifcriminately, cannot be 

 taxed with feizing the wealth of an innocent perfon for the 

 debt of another ; for, in this cafe, the fovereign is to re- 

 compenfe thofe of his fubjefts on whom the reprifals fall : 

 this is a debt of the ilatc or nation, of which each citizen 

 ought only to fupport hi? quota. It belongs only to fove- 

 reigns to ufe and order reprifals, in the manner now Hated. 

 This is a meafure of too great confequence to be abandoned 

 to private pcrions. In all civilized Hates, a fubjeft who 

 thinks himfclf injured by a foreign nation has reeourfe to 

 his fovereign, in order to obtain the permiflion of making 

 reprifals. This is wliat is called defiring " letters of 

 marque." See the next article. 



We may ufe reprifals againft a nation, not only for the 

 aftions of the fovereign, but alio for thofe of his fubjefts. 

 Accordingly the fovereign demands juftice, or makes re- 

 prifals, not only for his own affairs, but alfo for thofe of 

 his fubjefts, whom he ought to proteft, and whofe caufe is 

 that of the nation. But to grant reprifals againil a nation, 

 in favour of foreigners, is to fet himfelf up as a judge be- 

 tween that nation and thefe foreigners, which no fovereign 

 has a right to do. 



As we may feize the things which belong to a nation, to 

 oblige it to do jullice, v/e may, for the fame reafon, arreft 

 fome of the citizens, and not releafe them till we have re- 

 ceived entire fatisfaftion ; the fubjefts thus detained being 

 only regarded as a fecurity to oblige a nation to do juilice, 

 if their fovereign is obftinate in refufing it. We cannot take 

 away th=ir lives, nor inflift any corporal pain upon them, 

 for a refufal of which they are not guilty. But the fove- 

 reign may make ufe of force againil thofe who refill the ex- 

 ecution of tliis right, and ufe as much as is neceffary to fur- 

 mount their unjutt refiftance. In this cafe, the true and 

 juft welfare of the ilate is the grand rule : moderation is al- 

 ways laudable in ilfelf ; but the conduftors of nations ought 

 to exercife it only fo far as it is confiftent with the happi- 

 nefs and fafety of their people. A fovereign, however, has 

 no right to oppofe force, or to make war againft him, who, 

 in fuch a cafe, by ordering the making of reprifals, only 

 exercifes his juft right. Whenever a fovereign can, by the 

 way of reprifals, procure a juft recompence, or a proper 

 fatisfaftion, he ought to make ufe of this method, which is 

 lefs violent and Icfs fatal than war. Thofe who run to arms, 

 fays the excellent Vattel. without necefiity, are the fcourges 

 of the human race, barbarians, enemies to fociety, and 

 rebels to the law of nature, or rather to the common father 

 of mankind. There are cafes, however, in which reprifals 

 would be julUy condemned, even when a declaration of war 

 would not be fo ; ajid thefe are precifely thofe in which na- 

 tions may with juftice take up arms. When it relates to 

 differences, not on an aft of violence, or of an injury re- 

 ceived, but of a conterted right ; after having in vain at- 

 tempted ways of reconciliation, or pacific meafuves of ob- 

 taining juftice, it is a declaration of war which ought to 

 follow, and not pretended reprifals, which, in fuch a cafe, 

 would only be real aftsof hoftility, without a declaration of 

 war, and would be contrary to the public faith as well as to 

 the mutual duties of nations. 



There is one kind of retortion fometimes praftifed in war, 

 under the name of reprifals, which we muft here mention. 

 If a general of the enemy has, without any juft reafon, 



tl2 



REP 



caufed fome prifoners to be hanged, a like number of his 

 men, and of the fame rank, will be hung up ; fignifying to 

 him, that this retaliation will be continued for obliging him 

 to obferve the laws of war. It is a fad cxtremily thus to 

 put a prifoner to dtath for his general's fault ; and if this 

 prifoner was before promifed his life, reprifals cannot be 

 made on him with any colour of jullice. Yet as a prince, 

 or his general, has a right of facrinc.ing the life of his enemies 

 to his fafety, and that of his men, if he is engaged with an 

 inhuman enemy, who frequently commits fuch enormitioj, 

 he appears to have a right of refufing life to fome of the 

 prifoners he may take, and of treating them as his were 

 treated. But Scipio's generofity is rather to be imitated. 

 That great man, having reduced fome Spanilh princes, who 

 had revolted againil the Romans, declared to them, that on 

 a breach of their faith, he would not call the innocent hcf- 

 tages to an account, but themfelves ; and that he would not 

 revenge it on a difarmed enemy, but on tliofe who ftiould 

 be found in arms. (Liv. 1. 28.) Alexander the Great, 

 having caufe of complaint againft Darius for fome m.al- 

 praftices, lent him word, that if he continued t« make war 

 in fuch a manner, he would purfue him to the utmoft, and 

 give HO quarter. (Quint. Curt. 1. iv. c. I, and 11.) It is 

 thus an enemy, violating the laws of war, is to be puniftied, 

 and not by canfing the penalty due to his crimes to fall on 

 innocent viftims. Vattel's Law of Nations, b. ii. ch. 18. 

 b. iii. ch. 8. 



Reprisals is alfo ufed for a letter or permiflion, which a 

 prince fometimes gives a lubjeft, upon a full cognizance of 

 the caufe ; authorizing him to retake from the nrft perfons 

 he meets of the oppofite party, as many effefts as make an 

 equivalent to what have been violently forced from him, 

 and for which the oppofite prince has refufed to do him 

 juftice. 



Thefe permiffions are alfo called letters of marque, or 

 mart; and in the ftat. 27 Edw. III. la-M of marque ; in 

 regard a perfon denied juftice in another man's territory, 

 redrelfes himfelf by goods belonging to men of that terri- 

 tory. See Letters of Marque. 



Reprisals is alfo ufed in the fame fenfe with recap- 

 tion. 



REPRISE, or Reprize, in the Commerce by Sea, a 

 merchant-fhip, which, having been taken by a corfair, priva- 

 teer, or other enemy, is retaken or recovered by a veffel of 

 the contrary party. 



The word is Frencli, and fignifies a refumption or re- 

 taking. 



When a veffel, thus retaken, has been twenty-four hours 

 in the hands of the enemy, it is deemed a lawful prize. If 

 the reprize has been made within twenty-four hours, the 

 veflel is to be rellored to the proprietor, with ever)' thing 

 in it, upon his allowing one-third to the veil'el who made the 

 reprize. 



If the reprize has been abandoned by the enemy, either 

 in a tempetl, or from any other caufe, before it have been 

 led into any port, it is to be rellored to the proprietor. 

 See Recapture. 



Reprise, in the Manege, is a leffon repeated, or a ma- 

 nege recommenced. Thus we fay, to give breath to a 

 horfe upon the four corners of the volte with only one re- 

 prife, that is, all with one breath. 



Reprise, Fr., in Mufic. Every part of an air or ftrain 

 that is to be repeated, without being written or printed 

 twice over, is called by the French a reprife. There are 

 various ways of marking repetitions in mufic : firft by a 

 double bar dotted ; if on both fidgs, both parts or ftrains 



