OF FORCIBLE :MEANS EMPLOYED BY A NATION IN THE DEFENCE OR PURSUIT OF ITS RIGHTS.
1. In case of a difference between two sovereigns, he who complains of a violation of his natural or positive rights ought, unless his pretensions be of an indisputable nature, to begin by sufficiently proving those rights, as WC II as the violation of them complained of. done, if lie cannot obtain due satisfaction by amicable means, or if he foresees that it would be useless to try such means, he may. if he does not choose to renounce satisfaction altoge ther, have recourse to forcible means, whether it be in the defence or pursuit Of his rights. Forcible means are, in deed, in such the only ones that are left to sovereigns who acknowledge no judge or superior.
Forcible means are of several degrees, which differ wide ly from each other, and every sovereign is obliged to con fine himself to the employment of the lowest degree by which he can obtain due satisfaction Above all, he ought to distinguish carefully the means of redress proper to be made use of in case of a violation of an imperfect obliga tion, from those which would be justifiable in case of a violation of a perfect obligation.
2. There arc many ways of violating an imperfect obli gation. In general, a sovereign violates his impevf.ict obli gations, by to permit or to do what equity and humanity dictate, and by doing what in rigour he has a right to do, but which humanity and equity forbid. Par ticularly, first, In refusing to observe a point of simple custom ; second, In introducing into his dominions some partial right or law, to the prejudice of foreigners.
From the nature of imperfect rights and obligations, it is clear that no violation of them can authorize the use of forcible means, or the infraction of perfect obligations, in the pursuit of redress; but it is no less clear, that in order to obtain such redress a sovereign may make use of retalia tion. He may, for instance, refuse to comply with the same custom with respect to another sovereign, that that sovereign has refused to acknowledge with respect to him ; or he may refuse to comply with some other custom which is equivalent to it. He may introduce a partial right
or law to the prejudice of such foreigners as have done the same with respect to him or his subjects. By these means he re-establishes reciprocity, or obliges unfriendly powers to change their conduct.
3. A sovereign violates his perfect obligations in in fringing the natural or perfect rights of another. It mat ters not whether these rights are original and inherent, or whether they have been acquired by express or tacit cove nant, or otherwise.
In case of such violation, the injured sovereign may re fuse to fulfil his perfect obligations towards the sovereign by whom he is injured, or towards the subjects of such sovereign. He may also have recoutse to more violent means, till he has obliged the offending party to yield him satisfaction, or till he has taken such satisfaction himself, and guarded himself against the like injuries in future.
Whether the state or its subjects be the offending party, if the state refuse to make satisfaction, the property of each of its subjects coming within the reach of the injured state is liable to seizure, (in which case such subjects have a right to be indemnified by the state to which they belong ;) and even the persons of such subjects may be seized ; but the life of au innocent person cannot be taken, unless in extraordinary cases, where there are no other means of obtaining satisfaction, and of preventing future violations.
There are many acts by which a sovereign refuses to do or to suffer what he is perfectly obliged to do or to suffer, or by which he does what he is ordinarily perfectly obliged to omit, in order to obtain satisfaction for a real injury sus tamed : all these acts are called reprisals.
4. One species of reprisal, the most frequently employed, is the seizure of the property and persons of the subjects belonging to the state from whom an injury has been re ceived. This is clone with a view of obtaining satisfac tion by the confiscation of the property seized, if all en deavours should fail of obtaining it otherwise from the of fending state.