5. Whatever difference there may be in the different species of reprisals, they resemble one another in this, that they are all determillate acts of violence, and that they are exercised separately ; but when ali these spe cies of reprisals are exercised at once, they form a sort of warfare ; indeed they no longer differ 10111 actual war.
I. .7Vational war, as distinguished from civil, is a con flict between nation and nation. It never can be under taken or carried on but by the autnority of toe sovereign ; but he may vest the right of making war in such of his subjects as he minks proper. Thus the India Companies of England and Holland, who enjoy a territorial supe riority with respect to their possessions out of Europe, have also obtained from their sovereigns the right of mak ing war. Their troops and vessels ought therefore to be treated as lawful enemies.
2. National wars are offensive or defensive. \Var is offensive on the part of toe sovereign who commits the first act of violence against another, whether in entering his territory with an armed force, attacking him on thc high seas, or in the territory of a third power. It is de fensive on the part of him who receives the first act of violence. But it must be observed, that if a sovereign sees himself menaced with an attack, he may take up arms in order to ward off the blow, and may even continence the exercise of those violences that his enemy is preparing to exercise against him, without being chargeable with having begun an offensive war. Such measures in such a case are no more than the means of simple defence.
3. Nothing short of the violation of a perfect right, either committed, committing, or with which a nation is threatened in future, can justify the undertaking of a war. Oo the other hand, every such violation, when proved, and when amicable means have been tried in vain, or when it is evident that it would be useless to try such means, justifies the injured party in resorting to arms.
It is impossible that the sentiments of the belligerent parties should not be in direct opposition with regard to the justice or injustice of the war ; yet, if it be not mani festly unjust, their own induces them to consider it as lawful, as far as respects the treatment of the ene my, and the validity of conventions and treaties of peace.
4. The universal law of nations acknowledges no gene ral obligation of making a declaration of war to the enemy, previous to a commencement of hostilities. Man) ancient nations looked on such a declaration as essential, and it was practised in Europe till the seventeenth century ; but now-a-days nations content themselves with publishing a declaration of war through their own dominions, and ex plaining- their motives to other powers in writing,. The publishing of war in this manner is looked upon as so essential, that nations have often demanded a restitution of every thing taken from them by the enemy before such publication. Sometimes, however, nations over-rule such demands, by insisting that the war has been tacitly de 3. From the moment a sovereign is in a state of war, he has a tight, strictly speaking, to act as an enemy, not oily w hit respect to the persons and property lotind in the territoi y of the enein). but also with respect to his ene mv's subjects and their property, which may happen to be situated in his own territory at the breaking out of the war. He has a right, then, to seize on their ships found in his ports, and on all their other properly, to ar rest their per tons, and to declare 'null and void all the de hts the state may hale contracted with mem.
Nations, however, for weir motu d benefit, have been induced to temper the ri..;our of this right, Firsr, In marly instances nations have stipul,ted, in case of a rupture tween them, to give cacti otners subjects residing in their territory at the breaking out of a war, or coining to it not knowing of toe declaration of war, a specified time fur the removal of themselves and their property. Second. Some timus it is agreed to la the subjects of an enemy rem.im ii ,g the whole course of the war, or so long as they live peaceably and quietly. Third, Besides cilCbe precau tions taken between nation and nation, many states have provided, by particular laws and privileges, for the protec tion of the persons and property of an enemy's subjects. Fourth, Generally a nation does not venture to touch the capital which the subjects of the enemy may have in its funds, or which it may otherwise owe to such subjects.