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are lawful only upon the fuppofition of enmity, and are termed PART I boftilities.

Perfuafion confifts in the ufe of argument, representation or rational inducement of any fort, to obtain the confent of the party with whom it is employed. To diftinguish perfuafion from deception, it is neceffary that it fhould be limited to the ufe of coufiderations founded in truth, or believed by the person who uses them to be of real moment in deliberating on the fubject refpecting which they are offered. To difguife or conceal the truth, to mifrepresent any important circumftance relating to it, or to impofe with fallacious argument, is rather to deceive than to perfuade.

Under this limitation, perfuafion may be employed to obtain a favour no less than to defend or maintain a right; and as they who may be perfuaded to do right are not to be confidered as injurious or maliciously inclined, they are not objects of punishment, whether punishment be confidered as an example to deter the injurious, or as a precaution to guard against any future criminal. attempts.

Perfuafion is amicable; but where amicable means are not fufficient to preferve a right, hoftilities no doubt are lawful; and among these artifice or deception where fufficient, may be chofen as the leaft hurtful to the perfon against whom it is employed.

Deception or misinformation, in the nature of things, even apart from diftant confequences, is pernicious; and to employ it without neceffity is an injury. The perfon against whom it is fo employed has fubject of well-founded complaint; or may demand information

Kk 2

CHAP. IV.
SECT. 1.

PART II.
CHAP. IV
SECT. I.

information of the truth as his right. Even a perfon who is put upon his defence, may reject the use of disguise or deception, as difhonourable means of fafety to himself: But we are not enquiring, in this place, what is the most honourable part for the injured to act, but what the fuppofed injurious perfon may claim as a right, refpecting the use of means to be employed against himself.

It is admittted, among the modern nations of Europe, that requifition of right, manifefto, and folemn declarations of war, fhould precede hoftilities, or the actual ufe of force. Difguifes and artifices, nevertheless, in certain negociations or tranfactions of state, are employed to gain an advantage, perhaps, without any fuppofed infringement of this rule.

There is, indeed, a general difpofition to reprobate artifice or deceit, even when employed to repel an injury, or to frustrate a malicious intention. This proceeds upon an affociation of basenefs or cowardice with every act of diffimulation or falfehood, which we accordingly reprobate under the denomination of treachery But this appellation no more applies to the use of stratagem in repelling an injury, than the term murder applies to the ufe of a fword or deadly weapon in repelling an affault on the perfon or property of an innocent man. If a perfon, acting in his own defence, may receive an affaffin on the point of his fword, how can it be fuppofed, that he may not withhold information from him, or even by misinformation mislead him from the execution of his malicious purpose.

The affaffin who purfues an innocent perfon, in order to murder him, may no doubt be lawfully told, that the person he seeks

is gone to the right, when he is actually gone to the left. In this manner, deception or ftratagem is univerfally admitted as just on the principles of the law of nature; and, although perfons who confult the reputation of bravery may think that open force is preferable to deception or difguife of any fort; yet, upon the general principle, that rights are to be defended by means the least hurtful to the perfons against whom they are employed, deception and artifice is in general to be preferred to the use of actual force.

The use of force, it is true, may not always be more fevere or destructive in its effects than the use of deception; but, as force repelled by force is likely to proceed to the highest extremities, it is justly placed as the last resort of the injured in defending their rights, and not to be employed where it is safe to rely on perfuafion or ftratagem.

Under this title of force may be included not only the use of arms and actual violence, forcible restraint, and the infliction of punishment, but even threats, or the denunciation of violence, which may operate on the fears of those against whom they are employed.

Such being the gradation of means, that may be employed in defence of a right, the law of nature is modified, in particular circumstances, by a regard to the choice which is to be made of fuch means, according to the degree in which they are severally effectual or necessary.

In the applications of this law, alfo, regard must be had to the defcription and relation of perfons, whether frangers and uncon

nected,

PART II.
CHAP. IV.
SECT. I.

PART II. nected, fellow citizens, Separate nations, or the members of which separate nations are compofed.

CHAP. IV. SECT. I.

Of the law, as it applies to the cafe of perfons fo diversified, it is propofed to offer a few of the most neceffary obfervations, in the following fections.

SECTION

SECTION II.

Of the Law of Defence, in the Cafe of fingle Perfons, Strangers and unconnected.

pecu

They

CHAP. IV.
SECT. II.

THE parties to whom the law of defence is to be applied in this PART II. fection, are termed fingle, because we mean not to confider liarities incident to collective bodies, confidered as fuch. are termed ftrangers and unconnected, because we mean not, in deciding any question that may arise between them, to take into our account the effect of any previous convention either exprefs or

tacit.

In fuppofing fuch parties, we abstract from all the peculiarities which occur in the cafe of fellow citizens, under the effect of their municipal laws, civil or political inftitutions. We abstract from the peculiarities which diversify the cafe of feparate nations, modified as it is by previous treaties, claims, or conventions, or by the mode in which collective bodies are made up of the members which feverally compofe them.

The

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