WARPING

WAR, in International Law, is said to be "public," when it is a contest, by force, between indejjendent sovereign states. A civil war is regarded by Grotius as " mixed" in its nature; being, according to him, public on the side of the established government, and private on that of the portion of the people resisting its authority. Public war is said to be perfect when one whole nation is at war with another, and all the members of each are authorized to commit hostilities mutually, subject only to the general laws of war. An imperfect war is limited as to persons, places, and things: to which cla may be referred the hostilities of the United States against France in 1798; the hostilities between England, France, Ru ia, and Turkey, in 1827; and perhaps the recent proceedings against the Pacha of Egypt. Formal declarations of war are now out of use: the latest example is said to be that by France against Spain, at Bru els, in 1635, which was announced by heralds. War is now usually preceded by the publication of what is termed a "manifesto" (see tliat word); and the permi ion of " reprisals " (which see) is usually tlie last step short of actual hostilities, and preceding them. The immediate effect of the commencement of hostilities would appear to be, on principle, the liability of all property belonging to subjects of one of the belligerent parties within the dominions of the other to seizure and confiscation; but many excei)tions have been introduced by the practice of civilized states. (.See Grotius, De Jure ^..^ jP.. lib. iii.; Vattel, lib. ii., .) In recent times, it has been the regular practice in Great Britain to seize and condemn, as droits of admiralty, property of the enemy found in our ports at the commencement of hostilities. Trade, and every species of contract between subjects of belligerent states, is in general unlawful, although often authorized for particular times and purposes. Subjects of hostile states, domiciled in the enemy's country, are held liable to reprisals; but not, it is said, mere travellers or temporary sojourners. The " rights of war" are such as arise in times of hostilities,— 1. Between enemies; 2. Between neutrals. As between enemies, it is a general law that subjects of a hostile state who are not in arms, or who have submitted, may not be slain. The killing of prisoners is only justifiable in very extreme cases. The usage of exchanging prisoners is now general, but was only firmly established in the 17th century; and it is not now considered obligatory. As to property, that belonging to the government of the vanquished nation belongs to the victorious state, wherever it is found; but private rights are unaffected by conquest, with the remarkable exception of private property when at sea, which is by general usage held lawiul prize. Acts of hostility are "only lawful, according to the modern usage, when committed by those authorized by the expre or implied command of the state; such as the regularly commi ioned military and naval forces of the nation, and all others called out by the government in its defence, as well as persons spontaneously defending themselves in case of nece ity. Irregular bands of marauders are therefore denied the rights of war, and liable to be treated as banditti; and this distinction is generally only observed so far as suits the belligerent's purpose. For private citizens taking up arms, although in obedience to proclamations, are constantly liable to be treated as marauders; as by the French in the Peninsular war, and in numerous other cases. As to suspensions of hostilities, itc, see Truce, Treaty. As to the rights of war as to neutrals, see Neutrality. [s. 1328]