In the same manner to justify an attack upon a sovereign power for the aggressions and debts of its subjects, a previous remonstrance, and a proper demand of justice must be made to that power. For it is only by refusing to punish the guilty, or to grant indemnity to the injured, that states or sovereigns can be implicated in the misconduct of their subjects.[60] But even where the law of nature does not directly prescribe that such a remonstrance or demand should be made, yet the common principles of humanity and equity will recommend the[61] use of any means, that may prevent recourse to the calamities of war. The commandment given by God to the Hebrews, to send a message of peace to any state or city, before they began an intended attack, was designed as a special command to that people, yet some have confounded it with the general law of nations. For it was not ANY kind of peace that was meant by that injunction, but only such a peace as imposed terms of SUBJECTION and TRIBUTE. We are informed by Xenophon, that when Cyrus went into the country of the Armenians, he sent messengers to the king, to demand the tribute and number of troops, which had been stipulated by treaty. But to obtain the peculiar rights and consequences resulting from the law of nations, a declaration of war by one of the parties, at least, if not by both, is absolutely requisite in all cases. VII. Those declarations are either conditional or absolute. A conditional declaration is that which is coupled with a demand of restitution or redress. Under the name of restitution, the FECIAL LAW of Rome, that is the LAW RESPECTING DECLARATIONS OF WAR, comprehended not only the claims, which OWNERSHIP established, but the prosecution of EVERY right arising from criminal or civil causes. Hence the declarations were couched in terms, requiring restoration, satisfaction, or surrender. Here, by the term, surrender, the party appealed to is understood to have the option either of punishing the offender, himself, or delivering him up to the aggrieved person. This manner of demanding restitution is, according to the testimony of Pliny, called CLARIGATION, that is, a LOUD and FORMAL DEMAND. Livy gives us an example of a conditional and qualified declaration, wherein the aggrieved power denounces "a determined resolution to prosecute her rights with the utmost violence, if the aggressor will not make reparation and atonement for the injury he has done." Tacitus also relates the substance of a dispatch sent to Caecina by Germanicus, wherein he declares, that "if the ringleaders of the mutinous and rebellious legions are not immediately punished, he will advance with his army, and put the whole to the sword."