PART FOURTH. INTERNATIONAL RIGHTS OF STATES IN THEIR CHAPTER I. COMMENCEMENT OF WAR, AND ITS IMMEDIATE EFFECTS. tween na THE independent societies of men called states acknowRedress by ledge no common arbiter or judge, except such as are con- forcible stituted by special compact. The law by which they are means begoverned, or profess to be governed, is deficient in those po- tions. sitive sanctions which are annexed to the municipal code of each distinct society. Every state has therefore a right to resort to force as the only means of redress for injuries inflicted upon it by others, in the same manner as individuals would be entitled to that remedy were they not subject to the laws of civil society. Each state is also entitled to judge for itself what are the nature and extent of the injuries which will justify such a means of redress. Among the various modes of terminating the differences between nations, by forcible means short of actual war, are the following: 1. By laying an embargo or sequestration on the ships and goods, or other property of the offending nation found within the territory of the injured state. 2. By taking forcible possession of the thing in controversy by securing to yourself by force, and refusing to the other nation, the enjoyment of the right drawn in question. § 2. 3. By exercising the right of vindictive retaliation, (retorsio facti,) or of amicable retaliation, (retorsion de droit ;) by which last the one nation applies, in its transactions with the other, the same rule of conduct by which that other is governed under similar circumstances. 4. By making reprisals upon the persons and things belonging to the offending nation, until a satisfactory reparation is made for the alleged injury.1 This last seems to extend to every species of forcible means Reprisals. for procuring redress, short of actual war, and, of course, to include all the other above enumerated. Reprisals are negative, when a state refuses to fulfil a perfect obligation which it has contracted, or to permit another nation to enjoy a right which it claims; they are positive, when they consist in seizing the persons and effects belonging to the other nation, in order to obtain satisfaction.2 Reprisals are also either general or special. They are general, when a state which has received, or supposes it has received, an injury from another nation, delivers commissions to its officers and subjects to take the persons and property belonging to the other nation, wherever the same may be found. It is, according to present usage, the first step which is usually taken at the commencement of a public war, and may be considered as amounting to a declaration of hostilities, unless satisfaction is made by the offending state. Special reprisals are, where letters of marque are granted, in time of peace, to particular individuals who have suffered an injury from the government or subjects of another nation.3 Reprisals are to be granted only in case of a clear and open denial of justice. The right of granting them is vested in the sovereign or supreme power of the state, and in former times was regulated by treaties and by the municipal ordi 1 Vattel, liv. ii. ch. 18. Kluber, Droit des Gens Moderne de l'Europe, § 234. 2 Kluber, § 234, Note (c.) 3 Bynkershoek, Quæst. Jur. Pub. lib. i. Duponceau's Transl. p. 182, Note. nances of different nations. Thus, in England, the statute 4 Hen. V. cap. 7, declares, “That if any subjects of the realm are oppressed in time of peace by any foreigners, the king will grant marque in due form to all that feel themselves grieved;" which form is specially pointed out, and directed to be observed in the statute. So also, in France, the celebrated marine ordinance of Louis XIV. of 1681, prescribed the forms to be observed for obtaining special letters of marque by French subjects against those of other nations. But these special reprisals in time of peace have almost entirely fallen into disuse.4 66 § 3. Effect of Any of these acts of reprisal, or resort to forcible means of redress between nations, may assume the character of reprisals. war in case adequate satisfaction is refused by the offending state. Reprisals," says Vattel, "are used between nation and nation, in order to do themselves justice when they cannot otherwise obtain it. If a nation has taken possession of what belongs to another, if it refuses to pay a debt, to repair an injury, or to give adequate satisfaction for it, the latter may seize something belonging to the former, and apply it to its own advantage till it obtains payment of what is due, together with interest and damages; or keep it as a pledge till the offended nation has refused ample satisfaction. The effects thus seized are preserved while there is any hope of obtaining satisfaction or justice. As soon as that hope disappears, they are confiscated, and then reprisals are accomplished. If the two nations, upon this ground of quarrel, come to an open rupture, satisfaction is considered as refused from the moment that war is declared, or hostilities commenced; and then, also, the effects seized may be confiscated." 995 § 4. Thus, where an embargo was laid on Dutch property in the ports of Great Britain, on the rupture of the peace of previous to 4 Vattel, Droit des Gens, liv. ii. ch. 18, §§ 342-346. Bynkershoek, Quæst. Jur. Pub. lib. i. cap. 24. Martens, Précis du Droit des Gens Moderne de l'Europe, liv. viii. ch. 2, § 260. 5 Vattel, Droit des Gens, liv. ii. ch. 18, § 342. Embargo |