WAR. 



becomes in kings a wild and romantic paffion ; eager to en- 

 gage, and gathering fury in its progrefs, it is checked by 

 no difficulties, repelled by no dangers : it forgets or defpifes 

 thofe confiderations of fafety, eafe, wealth, and plenty, 

 which, in the eye of true public .vifdom, compofe the ob- 

 jefts, to which the renown of arms, the fame of viftory, are 

 only inftrumental and fubordinate. The purfuit of intereft, 

 on the other hand, is a fober principle ; computes cods and 

 confequence3 ; is cautious of entering into war ; flops in 

 time : when regulated by thofe univerfal maxims of relative 

 juftice which belong to the affairs of communities, as well as 

 of private perfons, it is the right principle for nations to 

 proceed by ; even when it trefpalTes upon thefe regulations, 

 it is much lefs dangerous, becaufe much more temperate 

 than the other. 



Another objedl of confideration, in reference to this fub- 

 jeift, is the condud of war. If the caufe and end of war be 

 julliiiable, all the means that.appear neceffary to the end are 

 jufiifiable alfo. War is a conteft by force, between parties 

 who acknowledge no common fuperior ; and as it does not 

 include in its idea the fuppiTition of any convention which 

 fhould reftrift th- operations of force, it has naturally no 

 boundary, but that in which force terminates, the deftruc- 

 tion of the life againft which the force is direfted. Ncver- 

 thelefs, the licence of war authorifes no afts of hotlility but 

 what are neceffary or conducive to the end and objedl of the 

 war. Gratuitous barbarities borrow no excufe from this 

 plea. The flaughter of captives, the fubjefting of them to 

 indignities or torture, the violation of women, the profana- 

 tion of temples, the demolition of public buildings, libraries, 

 ftatues, and, in general, the deftruftion or defacing of works 

 that conduce nothing to annoyance or defence : — thefe enor- 

 mities are prohibited not only by the practice of civilized 

 nations, but by the law of nature itfelf ; as having no proper 

 tendency to accelerate the termination, or accomplifh the 

 objeft of the war ; and as containing that, which in peace 

 and war is equally unjuftifiable, ultimate and gratuitous 

 mifchief. 



The laws of war, which are part of the law of nations, 

 impofe other reftriftions upon the condudl of war. To this 

 head we may refer the duty of refraining in war from 

 poifon, and from afiaffination. Such praftices are at pre- 

 fent excluded by the ufage and opinions of civilized nations ; 

 and the firfl recourfe to them would be followed by in- 

 ftant retahation. The licence of war then acknowledges 

 t<wo limitations : it authorizes no hoflilities which have not 

 an apparent tendency to effeftuate the objeft of the war ; it 

 refpefts thofe pofitive laws which the cuftom of nations hath 

 fanftified, and which, whilH they are mutually conformed 

 to, mitigate the calamities of war, without weakening its 

 operations, or diminifhing the power or fafety of belligerent 

 ftates. 



Before a jufl war is undertaken, we owe, fays Vattel, 

 this further regard to humanity, and efpecially to the lives 

 and tranquillity of the fubjefts, to declare to the unjult na- 

 tion with which we are about to contend, that we are at 

 length recurring to the lafl remedy, and going to make ufe 

 of open force, for bringing it to reafon. This is called 

 " declaring war." All this is included in the Roman man- 

 ner of proceeding, regulated in their Fecial law. They 

 firfl fent the chief of the Feciales or heralds, called 

 " Pater Fatratus," to demand fatisfaftion of the people 

 which liad offended them ; and if within the fpace of thirty- 

 three days this people did not return a fatisfaftory anfwer, 

 the herald called the gods to be witneffes of the wrong, and 

 came away faying, that the Romans would confider what 

 they had to do. The king, and afterwards the conful, ufed 



lO 



to afk the fenate's opinion ; and the war being refolved on, 

 the herald was fent back to the frontier, where he declared 

 it. It is furprifing to find among the Romans fuch juftice, 

 fuch moderation, and wifdom, at a time too when appa- 

 rently nothing but courage and ferocity were to be expefted 

 from them. By this religious conduft, previous to its 

 war, Rome laid the moft folid foundation for its future 

 greatnefs. 



A declaration of war being neceffary as a farther trial for 

 terminating the difference without the effufion of blood, by 

 making ufe of the principle fear, for bringing the enemy to 

 more equitable fentiments ; it is, at the fame time that it 

 declares the refolution taken of making war, to fet forth 

 the caufe of that refolution. This is at prefent the conftant 

 praftice among the powers of Europe. 



If in confequence of fuch declaration, the enemy offers 

 equitable conditions of peace, the right of war ceafes. 

 Formerly the powers of Europe ufed to fend heralds or am- 

 baffadors to declare war ; at prefent this is only done in the 

 capital, the principal towns, or on the frontiers. Mani- 

 feftoes are iffued, and the communication, fo eafy and ex- 

 peditious from the eftablifhment of polls, foon fpreads the 

 intelligence. Befides, it is in fome cafes neceffary for a na- 

 tion to publifh the declaration of war for the inftruftion and 

 direftion of its own fubjedls, in order to fix the date of the 

 rights belonging to them from the moment of this declara- 

 tion, and relatively to certain effefts which the voluntary 

 law of nations attributes to a war in form. Without fuch a 

 public declaration of war, it would be difficult to fettle, in a 

 treaty of peace, thofe afts which are to be accounted tlie 

 effefts of the war, and thofe which each nation may con- 

 fider as wrongs, for obtaining reparation. He who is at- 

 tacked, and makes only a defenfive war, need not declare 

 it ; the flate of war being fufficiently determined by the de- 

 claration of the enemy, or his open hoflilities. Neverthe- 

 lefs, from dignity, or for the direftion of his fubjefts, a 

 fovereign, though attacked, feldom fails of declaring war 

 in his turn. By the law of nations, the declaration of war 

 need not be made till the enemy has reached the frontiers ; 

 but it muft always precede the commiffion of any hoflility. 

 Thus we provide for our own fafety, and equally procure 

 the end of the declaration of war, which is, that an unjuft 

 adverfary may flill ferioufly confider his meafures, and avoid 

 the horrors of war, by doing juftice. The fovereign, 

 having entered a country, and declared war, may proceed, 

 if equitable conditions are not offered him, to hoftile opera- 

 tions. The fovereign declaring war can neither detain thofe 

 fubjefts of the enemy, who are within his dominions at the 

 time of the declaration, nor their effeAs. He is to allow 

 them a reafonable time for withdrawing with their effefts ; 

 and if they ftay beyond the term prefcribed, he has a 

 right to treat them as enemies, though as enemies dif- 

 armed. 



Becaufe the Chriftian fcriptures defcribe wars, as what 

 they are, fays Paley, as crimes or judgments, fome have 

 been led to believe that it is unlawful for a Chrillian to bear 

 arms. But it fhould be remembered, that it may be necef- 

 fary for individuals to unite their force, and, for this end, 

 to refign themfelves to the direftion of a common will ; and 

 yet it may be true, that that will is often aftuated by cri- 

 minal motives, and often determined to deftruftive purpofes. 

 Hence, although the origin of wars be afcribed in fcripture 

 to the operation of lawlefs and malignant paffions ; and 

 though war itfelf be enumerated amongft the foreft cala- 

 mities with which a land can be vifited, the profeffion of a 

 foldier is no where forbidden or condemned. See Luke, 

 iii. 14. Luke, vii. 9. Afts, x. i. On the fubjeft of this 



article, 



