International law; Natural law; War (International law)
The general destruction, which the Almighty, in right of his supreme
Majesty, has sometimes decreed and executed, is not a rule, which we
can presume to follow. He has not invested men, in the exercise of
power, with those transcendent sovereign rights. Yet he himself,
notwithstanding the unchangeable nature of his sovereign will, was
inclined to spare the most wicked cities, if ten righteous persons
could be found therein. Examples like these may furnish us with rules
to decide, how far the rights of war against an enemy may be exercised
or relaxed.
V. It frequently occurs as a matter of inquiry, how far we are
authorised to act against those, who are neither enemies, nor wish to
be thought so, but who supply our enemies with certain articles. For we
know that it is a point, which on former and recent occasions has been
contested with the greatest animosity; some wishing to enforce with
all imaginary rigour the rights of war, and others standing up for the
freedom of commerce.
In the first place, a distinction must be made between the commodities
themselves. For there are some, such as arms for instance, which are
only of use in war; there are others again, which are of no use in
war, but only administer to luxury; but there are some articles, such
as money, provisions, ships and naval stores, which are of use at all
times both in peace and war.
As to conveying articles of the first kind, it is evident that any
one must be ranked as an enemy, who supplies an enemy with the means
of prosecuting hostilities. Against the conveyance of commodities of
the second kind, no just complaint can be made.--And as to articles of
the third class, from their being of a doubtful kind, a distinction
must be made between the times of war and peace. For if a power cannot
defend itself, but by intercepting the supplies sent to an enemy,
necessity will justify such a step, but upon condition of making
restoration, unless there be some additional reasons to the contrary.
But if the conveyance of goods to an enemy tends to obstruct any
belligerent power in the prosecution of a lawful right, and the person
so conveying them possesses the means of knowing it; if that power, for
instance, is besieging a town, or blockading a port, in expectation of
a speedy surrender and a peace, the person, who furnishes the enemy
with supplies, and the means of prolonged resistance, will be guilty
of an aggression and injury towards that power. He will incur the
same guilt, as a person would do by assisting a debtor to escape from
prison, and thereby to defraud his creditor. His goods may be taken by
way of indemnity, and in discharge of the debt. If the person has not
yet committed the injury, but only intended to do so, the aggrieved
power will have a right to detain his goods, in order to compel him to
give future security, either by putting into his hands hostages, or
pledges; or indeed in any other way. But if there are evident proofs
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account