LAW. 
3 SO 
againft him, without being chargeable with having begun 
an offenfive war. Such meafures, in fuch a cafe, are no 
more than the means of fimple defence. 
Nothing Ihort of the violation of a perfect right either 
committed, committing, or with which a nation is threat¬ 
ened in future, can jultify the undertaking of a war. On 
the other hand, every fuch violation, when proved, and 
when amicable meafures have been tried in vain, or when 
it is evident that it would be ulelefs to try fuch means, 
juftifies the injured Itate in refortfng to arms. 
It is impoffible for the fentiments of the belligerent 
parties not to be in direct oppofition with regard to the 
juftice or injufticeof the war; yet, if it be not notorioufiy 
unjuft, their own welfare induces them to confider it as 
lawful, as far as refpefts the treatment of the enemy, and 
the validity of conventions and treaties of peace. Thus 
the Chriftian powers are induced to treat as lawful ene¬ 
mies the barbarians of Africa, though the motive of the 
latter is often nothing but robbery ; and thus policy of¬ 
ten induces a fovereign, in the courfe of a civil war, to 
treat his rebellious fubjefts as lawful enemies; but this it 
mult be remembered, is not to be.conftrued into an ac¬ 
knowledgment of their independence. 
There is no general obligation, under the univerfal law 
of nations, of making a declaration of war to the enemy, 
previous to a commencement of hostilities. Many of the 
ancient nations looked on fuch a declaration as eftential, 
and the practice of Europe was fuch till the feventeenth 
century; but at prelent nations content themfelves with 
publishing a declaration of war through their own domi¬ 
nions, and explaining their motives to other powers by a 
manifello in writing; and declaring of war in this manner 
is deemed fo far elfential, that nations have often demanded 
a reftitution of every thing taken from them by the enemy 
before fuch declaration. Sometimes, however, nations get 
rid of fuch demands by infilling that the war has been in 
efreft declared. 
From the inftant a fovereign is in a (late of war, he has 
a right to aft'as an enemy, not only with refpeft to the 
per'fons and property found in the territory of the enemy, 
but alfo with refpeft to his enemy’s fubjefts and their 
property which may happen to be fituated in his own 
territory at the breaking out of the war. He has a right- 
then to feize on their Ihips found in his ports, and on all 
their other property ; to arreft their perfons, and to de¬ 
clare null and void all the debts which his Itate may have 
contracted with them. However, nations, for their mu¬ 
tual benefit, have been induced to moderate the rigour of 
this right, x. In a great number of treaties nations have 
ftipulated, in cafe of a rupture between them, to give to 
each other’s fubjefts, refilling in their territory at the break¬ 
ing out of a war, or coming to it, not knowing of the 
declaration of war, a fpecified time for the removal of 
themfelves and their property. 2. Sometimes it is agreed 
to let the fubjefts of an enemy remain during the whole 
courfe of the war, or fo -long as they live peaceably and 
quietly. 3. Belides thefe precautions taken between na¬ 
tion and nation, many ftates have provided, by particular 
laws and privileges, for the protection of the perfons and 
p-operty of enemies’ fubjecls. 4. And, in general, a na¬ 
tion does not venture to touch the capitals which the fub¬ 
jefts of the enemy may have in itsf unds, that it may 
otherwife owe to fuch fubjecls. 
Where there are neither treaties nor laws touching 
tliofe points, nations continue ltill to feize on all the 
property belonging to the enemy’s fubjecls, which is 
carried into its territory after the declaration of war. 
Sometimes alfo a ftate makes feizures provifonqify, till afl’ur- 
ance is received that the ftate which has done the injury 
is ready to make reparation or fulfil its obligations. But, 
whatever conduft may be obferved towards the fubjefts 
of an enemy, his arnbaffadors, or other public minifters, 
are always obliged to quit the ftate as loon as a war 
breaks out; and they are allowed to depart, and remove 
their property, without the leaft moleftation. The Turks 
only have preserved the barbarous cultora of imprifoning 
foreign minifters in what they call the Seven Towers, as foon 
as a rupture, or even a dilpute that threatens a rupture, 
takes place between them and the powers by whom fuch 
minifters are lent, holding them in the light of hoftages. 
Every fovereign has a right to call home all tliofe fub¬ 
jefts which may happen to be in an enemy’s country, or 
in any other country, when rve thinks their prefence ne- 
ceffary to the defence of the Itate. He has an undoubted 
right to forbid his fubjecls to ferve the enemy againft 
their country, and to punifii them in cafe of difobedience. 
Ordinances are ufually iffued in forne ftates at the begin¬ 
ning of a war, by virtue of which offenders in this refpeft 
are puniflied by confifcation of their property or other- 
wife. But the manner in which war is now carried on 
often induces a fovereign to confine the effects of tliofe 
ordinances to liis vaffals, or to tliofe who are in his own 
fervice or in that of the enemy. 
Every fovereign has a right to reftrift his fubjecls from 
carrying on a correfpondence, or keeping up a communi¬ 
cation, with the enemy ; to prohibit all contraband com¬ 
merce with him ; the entry of merchandifes which are 
produced or manufaftured in his territory, and all infur- 
ance on his veflels : but policy and circumftances ufually 
determine the degree of rigour with which thefe prohibi¬ 
tions are enforced. 
As to the manner in which a w’ar may be lawfully car¬ 
ried on; it is to be obferved, that, by the law of nations, 
the ule of .all the means neceflary to obtain the fatisfac- 
ticn fought for is permitted ; and circumftances alone 
muff determine on the means proper to be employed ; and 
therefore war gives a nation an unlimited fight of exer- 
ciftng of violence againft its enemy. But the civilized 
powers of Europe, with a view to diminifli the horrors 
inevitably attendant upon war, now acknowledge certain 
violences, which are equally deltruftive to both parties, 
and contrary to found policy, to be wholly unjuftifiabie, 
though not precifely forbidden by the ft rift rules of the 
law of nations; and hence have arifen, what are at pre- 
fent called the laws of war. Thefe laws are novv fanc- 
tioned by cuftom, and in fome cafes even by treaty, and 
have been more ftriftly obferved fince war has been carried 
on by the means of regular troops; nor does any civilifed 
nation at the prefent time allow itfelf to be juftifiable in 
departing from them, unlefs the enemy fets the example, 
or unlefs an urgent neceffity, arifing from extraordinary 
circumftances, admits of exceptions, authorifed by reafons 
of war. 
According to the prefent ufage, every individual in a 
ftate is not allowed to fall upon the enemy, although war 
has been declared againft him ; but foldiers by the order 
of their commanders, and fuch other fubjefts as may ob¬ 
tain exprefs permiflion for the purpofe from their love- 
reign, may lawfully exercife 'hoftilities, and are to be 
looked upon by the enemy as lawful enemies. On the 
contrary, thofe who are not fo authorized, taking upon 
them to attack the enemy, are treated by him as a band 
of lawlefs fpoliators ; and even the ftate to which they be¬ 
long ought to punifii them as fuch. And it is for this 
realon, that thole who wilh to arm privateers are obliged 
to obtain letters of marque ; without them they would be 
deemed pirates; but, being'furnifhed with fuch, they be- 
camfe lawful enemies. 
Among the arms, and other means of doing injury to 
an enemy, there are feveral, which according to the laws 
of war are deemed to be unlawful. 1. The lecret means 
of poifon : thus it is declared to be a violation of the laws of 
war, to poifon wells or the like in order to deftroy the enemy; 
and alfo to poifon the commander-in-chief, or any other 
enemy of diftinftion ; and, ever fince the beginning of the 
feventeenth century, the ufe of poifoned arms has been 
looked upon as unlawful. It is alfo againft the lav/s of 
war, knowingly to fend among the. enemy perfons af- 
flifted 
