The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.Young, Andrew W. (Andrew White)
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The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.
Young, Andrew W. (Andrew White)
United States -- Politics and government -- Handbooks, manuals, etc.
§6. One of the means by which satisfaction is sought without making war,
is that of _reprisals_. (Chap. XXXVI, §4, 5.) If a nation has taken what
belongs to another, or refuses to pay a debt, or to make satisfaction
for an injury, the offended nation seizes something belonging to the
former or to her citizens, and retains it, or applies it to her own
advantage, till she obtains satisfaction: and when there shall be no
longer any hope of satisfaction, the effects thus seized are
confiscated. To _confiscate_ is to adjudge property to be forfeited, and
to appropriate it to the use and benefit of the state. But as the loss
in this case would fall upon unoffending citizens, it is the duty of
their government to grant them indemnity.
§7. But to justify reprisals by the law of nations, the grounds upon
which they are authorized must be just and well ascertained. If the
right of the party demanding satisfaction is doubtful, he must first
demand an equitable examination of his claim, and next be able to show
that justice has been refused, before he can justly take the matter into
his own hands. He has no right to disturb the peace and safety of
nations on a doubtful pretension. But if the other party refuses to have
the matter brought to the proof, or to accede to any proposition to
terminate the dispute in a peaceable manner, reprisals become lawful.
§8. By treaties of alliance, nations sometimes agree to assist each
other in case of war with a third power. It is a question not clearly
settled, whether the government that is to afford the aid is bound to do
so when it deems the war to be unjust. The reasonable conclusion seems
to be, that, in cases simply doubtful, the justice of the war is to be
presumed; and the government pledging its aid is bound to fulfill its
engagement. The contrary doctrine would furnish a nation with too ready
a pretext for violating its pledge. In cases only of the clearest
injustice on the part of its ally, can a nation rightfully avoid a
positive engagement to afford assistance.
§9. But when the object of the war is hopeless, or when the state under
such engagement would, by furnishing the assistance, endanger its own
safety, it is not bound to render the aid. But the danger must not be
slight, remote, or uncertain. None but extreme cases would afford
sufficient cause for withholding the promised assistance.
§10. When the alliance is defensive, the treaty binds each party to
assist the other only when engaged in a defensive war, and unjustly
attacked. By the conventional law of nations, the government that first
declares, or actually begins the war, is considered as making
_offensive_ war; and though it should not be the first actually to apply
force, yet if it first renders the application of force necessary, it is
the aggressor; and the other party, though the first to apply force, is
engaged in a _defensive_ war. (§1.)
Chapter LXVI.
Public-domain text, read in full here on John Shaqi.
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