L A W. 
S2<) 
frequently occurs, as a preliminary toward one of the 
fir it objects of a negociation for peace. 
4. Hojlilities. I11 cafe of a difference'between two fove¬ 
reign dates, that which complains of a violation of its na¬ 
tural or pofitive rights ought, tmlefs fuch violation-is 
molt obvious and indifputable, fuflicie'ntly to prove, be¬ 
fore the commencement of aftual liodilities, thofe rights, 
as weil as the violation of them. Having thus proceeded, 
if due fatisfaclion cannot 1 obtained bv amicable means, 
or if it is fo far clear that it would be of no avail to re- 
fort to fuch preliminary courfe, the aggrieved date may, 
if it does not choofe to renounce fatisfaftion altogether, 
have recourfe to forcible means, either in defence or pur- 
fuit of his rights. Hoftilities are indeed, in fuch cafes, 
the-only means that are left to fovereigns who acknow¬ 
ledge no co-equal or fuperior judge. 
Forcible means are of feveral degrees; and in all civi¬ 
lized dates a diftinftion ought conftantly to be taken be¬ 
tween the means of redreft to be adopted in the cafe of a 
violation of an impcrfed obligation, from thofe which may 
be well juftified in the cafe of a violation of a pcrfebl ob¬ 
ligation. 
An impirfcB obligation may be violated by divers means ; 
but, in general, a fovereign violates his perfeB obligations, 
■when he refufes to permit or to do what natural juftice 
and the principles of humanity require ; 1. In refuting to 
obferve a point of fimplecudom ; 2. In introducing into 
his dominions fome partial right, or law, to the prejudice 
of foreigners. 
From the very nature of imperjebl rights and obliga¬ 
tions, it is clear, that no violation thereof can authorize 
the ufe of forcible means, or the infraction of perfeft ob¬ 
ligations, in the purfuit of redrefs; yet, it is equally clear 
that, for the purpofe of obtaining fuch redrefs, a fovereign 
may make ufe of afts of retaliation : as, for example, he 
may refufe to comply with the fame cudom, with refpeft 
to another fovereign, which that fovereign has refufed to 
lubmit to with refpeft to him ; or he may refufe to com¬ 
ply with fome other cudom which is equivalent to it: he 
may introduce a partial right or-law, to the prejudice of 
fuch foreigners as have done the fame with regard to him 
or his fubjefts. By thefe means he redores reciprocal re¬ 
lations, and conftrains unfriendly powers to change their 
lyftem: and thefe ails of retaliation are in the prelent age 
much reforted to. 
A fovereign violates his perfeSl obligations, by violating 
the natural or acquired rights of another; and it matters 
siot whether thefe rights are innate, or whether they have 
been acquired by an exprefs or implied contract, or other- 
wife. Where fuch violation takes place, the injured fo¬ 
vereign may refufe to fulfil his perfeft obligations towards 
the fovereign by whom he is injured, or towards the fub- 
jefts of fuch fovereign : he may alfo have recourfe to more 
violent means, till he has obliged the offending party to 
yield him fatisfaftion, or till he has taken fuch fatisfac- 
tion himfelf, and guarded himfelf againft the like injuries 
in future. 
Whether the date or its fubjefts be the offending party, 
if the date refufe to make fatisfaftion, the property of the 
refpective fubjefts coming within the reach of the injured 
ftate is liable to feizure, and in that cafe fuch fubjefts 
have a right to be indemnified by the date to which they 
belong; and even the perfons of fuch fubjefts may be 
feized ; but the life of an innocent perfon cannot be taken, 
unlefs in extraordinary cafes, where there are no other 
means of obtaining the fatisfaftion due, and of preventing 
f uture violations. Thus, if the ambaffador or rneffenger 
of a (fate has been put to death by one date, the other date 
would not, on that account, have a right to put the am¬ 
baffador or rneffenger of the other to death ; but, in time of 
war, a prifoner of war may fometimes be put to death, by 
way of retaliation, to punifh a nation that has violated 
the laws of war. In the firft cafe, the injured nation has 
other means of obtaining fatisfaftion, and of guarding 
Vox.. XII. No. S33. 
againft fuel) violations for the future; but, war being of 
itfelf the lad date of violence, there often remains no other 
means "of guarding againft future violations on the part of 
the enemy. 
There are many afts by which a fovereign refufes do 
do or to fuffer what he is under a perfett obligation to 
do or to fuffer, or by which he does what he is ordina¬ 
rily under a pcrfecl obligation to omit, in order to ob¬ 
tain fatisfaftion for a.real injury fudained. All thefe 
afts are called reprifals ; confequently, reprifals are of 
many fpecies. The talio r by which an injury received 
is returned by an injury exactly equal to it, is one fort 
of reprifals; but the nie of it is not indiferiminately 
permitted on all occalions. One of the fpecies of repif- 
fals, the mod frequently employed, is the feizure of the 
property and perfons of the fubjecls belonging to the date 
from whom an injury has been received. This is done- 
with a view of obtaining fatisfaclion by the confifcatioti 
of the property feized, if all endeavours fliould fail of ob¬ 
taining it front the offending date. 
Reprifals may he made by a date for injuries commit¬ 
ted againft itfelf or againft its fubjefts ; but not in favour- 
of a third power, even lltould fuch power requeft it. 
Formerly the fubjefts of one ftate would make reprifals- 
on thofe of another ; but the diforders refulting from 
fuch a practice, and the dangers to which the ftate itfelf 
was expofed by leaving the ufe of fuch violences in the 
hands of individuals, have induced, lince the fourteenth 
century, the ftates of Europe in' general to withhold from 
their fubjefts the exercife of this dangerous right. Sub¬ 
jects, before they can now make reprifals on foreigners, 
are obliged to obtain letters of marque, or of rcprifal. 
Although there may be tome difference in the various 
fpecies of reprifals, yet they refemble each other in this, 
that they are all pofitive afts of violence, and that they 
are exercifed feparately ; but, when all thefe fpecies of 
reprifals are exercifed at once, they form a fort of war¬ 
fare ; in faft, they no longer dift’er from war. 
War is that ftate, in which men conftantly exercife afts 
of indeterminate violence againft each other. It is private 
or public: the firft takes place between individuals in a 
ftate of nature; ^he other is between men in fociety. 
Public zuar is of two forts, civil and national. Civil war 
is that in which fubjefts of the dime date turn the wea¬ 
pons of deftruftion againft each other : this is never jufti- 
fiable, in fimple ftates, but in cafes of the lait extremity, as 
when the fovereign is obliged to arm in order to punifti 
his rebellious fubjefts, or when the fubjecls can diffolve 
the ties of fubmiftion which bold them in obedience. In 
compofed ftates it is never lawful, except each has a right 
to aft aS a free ftate, or except in the cafe of a war of exe¬ 
cution. National war is a conflict carried on between na¬ 
tion and nation. It never can be undertaken or carried 
on but by the authority of the fovereign. 
The violences committed by the fubjeCts of one ftate 
againft thofe of another, without authority /rom their fo¬ 
vereign, are now looked upon as robberies; and the per¬ 
petrators are excluded from the rights of lawful enemies. 
The fovereign may, however, veft. the right of making 
war in fuch of his fubjefts as he thinks proper. Thus, 
the Eaft India edmpany of England,who enjoy a territo¬ 
rial fupremacy with refpeft to their poffeffions out of Eu¬ 
rope, have obtained from their lovereign the right of 
making war. 
National wars a re. vffcnfve or defenfive. War is ojfevfve 
on the part of the fovereign who commits the firft aft of 
violence againft the other, whether in entering his terri¬ 
tory with an armed force, attacking him on the high teas, 
or in the territory of a third power; it is defenjive on the 
part of him who receives the firft aft of violence. But 
it mu ft be obferved, that, if a fovereign finds himfelf me¬ 
naced with an attack, he may take up atms in order to 
ward off the blow; and may even commence the exercife 
of hoftilities which his. enemy is preparing to exercife. 
4 P againd 
