perfon of any of its members, has a juft claim to redrefs, and PART II. may make reprisals on the public, or on the perfons and effects CHAP. IV. of any or all the members of the offending nation.

SECT. IV.

SECTION

SECTION V.

The fame Subject continued.

PART II.
CHAP. IV.

SECT. V.

AS national councils are composed of members differing in their opinions and difpofitions; and often fluctuating in their refolutions, according to the influence of contending parties, communities cannot be known to one another, as individuals are known, under any permanent character of tried affection and fidelity. Nations are, therefore, almost in every inftance, mutual objects of jealoufy and distrust; and must think themselves safe so far only, as they are severally in condition to maintain their respective rights. They must keep a watchful eye on the powers by which they may be annoyed from abroad, no less than attend to the means of defence with which they are furnished at home. Their independance must ceafe to exift, the moment it is held at the difcretion of any foreign power': what a neighbour, therefore, is about to gain, may be to them no less a fubject of alarm, than what they themselves are about to lofe; and a war may be justly under

I

taken,

taken, by one ftate, to check the dangerous progrefs of another; PART II. as well as to make any other provifion neceffary to its own pre- SECT. V.

fervation.

This may render the queftion of right and wrong between nations extremely complicated, and fufpend or perplex the decifions of juftice refpecting the caufe of a war.

In cafes of manifeft aggreffion the right of nations, like that of individuals, to defend themselves is obvious, and injustice in the first step of the war communicates a like character of wrong to every fucceeding operation in the conduct of it; but in questions of mere caution or distrust, it is difficult to determine how far one nation may justly oppofe the progress of another, and in doing fo be fuppofed to act on principles of mere defence; or at what precife point they may be said to act offensively, and to become aggreffors in any quarrel that may arife between them.

The Romans may have been vindicated in requiring the Carthaginans to evacuate Sicily and Sardinia, but not in taking poffeffion themselves of those islands, much lefs afterwards in requiring the Carthaginians to remove their city to an inconvenient. diftance from the sea.

In questions of this kind men of the greatest integrity may be partial to their own country, and fuch is the force with which nature has directed rival nations to pull against one another, that it would be dangerous in the councils of either to effect an impartial part; while an enemy is ftriking, the fword of a friend most not be held in fufpence.

CHAP. IV.

PART II. CHAP. IV. SECT. V.

In the quarrels of nations, therefore, much allowance is to be made for the mistake or misapprehenfion of parties, and even for the caution with which it is proper, in national councils, to guard against the claims of a rival, even if he should appear to be fupported by justice.

If one nation employ force in fupport of its claims, however juft, the nation attacked is entitled to resist every attempt to reduce it under the power of another; and is not safe, even in making a just conceffion, while its powers of defending itself are brought into hazard.

For these reasons, we may wave the question of justice, in the cause of a war, as depending on the actual circumstances of the particular cafe, and confider nations, acting without guile or premeditated malice of either fide, as entitled to the privileges of a fair defence.

The means of defence were, in a former fection, referred to three separate titles, perfuafion, ftratagem, and force.

The first, it was faid, may be employed among friends, and in obtaining a favour, as well as in repelling an injury. In cafes where it may be ufed with fuccefs, or where it may be safe to warn an enemy of a claim, that may be fupported by force against him, it is no doubt required, that proper reprefentations should be made, as the leaft hurtful means that can be employed in urging a claim of right.

The Romans, for the most part, by previous complaint and requifition of their right, proposed to sanctify their cause, and to

war,

CHAP. IV.
SECT. V.

give at least an appearance of juftice to the hoftilities which they PART II. were about to commence. The manifefto and declaration of which generally precedes hoftilities in modern Europe, may be practifed with the fame effect; but they are not ftrictly required by the law of nature, in every cafe whatever. A nation that has taken the advantage of furprise, in committing an injury, cannot complain if the fame advantage be taken of itself. in making reprifals.

Declarations may operate merely as a warning to put the injurious party on his guard, and enable him the better to persist in the wrong he has done, a fuppofition on which the practice is not at all neceffary, or derivable from any principle of natural justice.

Among nations, however, like thofe of Furope, in which the fubjects of different ftates are involved together in commercial connexions, and though innocent of any public wrong, are fo much expofed to fuffer by the errors of those who govern their respective countries, it is at least humane, if not in strict law required, that a certain warning of their danger fhould precede the actual hostilities by which they are exposed to suffer, and of the causes of which they are perfectly innocent.

This confideration, it is hoped, may long recommend the practice of declaring war before the actual commencement of hoftilities, among the modern nations of Europe, who, indeed, by the continuance of it, and by custom, have given the expectation of it in fome measure the authority of convention or compact.

Stratagem