[Introduction.]

It is to be observed that the rules which nations ought to observe, or do observe with one another, cannot be treated so accurately as private or public law. We find the rules of property pretty exactly established in every nation. The extent of the sovereign’s power, as well as the duty of the subject, so far as justice is concerned, are pretty uniform everywhere. But with respect to the laws of nations, we can scarce mention any one regulation which is established with the common consent of all nations, and observed as such at all times1. This must necessarily be the case, for where there is no supreme legislative power nor judge to settle differences, we may always expect uncertainty and irregularity.

The laws of nations are such as take place either in peace or war. Those that take place in times of peace have been formerly explained, where it was shown with respect to aliens that they are entitled to security as to their persons and effects, but that they have no power to Edition: current; Page: [266] make a will, but all goes to the sovereign at their death1. The laws or rules observed in time of war shall be considered in the following order:

First, what is a just cause of war, or according to the Latin phrase, quando liceat bellare?

Secondly, what it is lawful for one nation to do to another in time of war, or quantum liceat in bello, and upon this head we shall consider the differences between the ancient and modern governments, and the great modifications of the latter.

Thirdly, what is due to neutral nations from the belligerent powers.

Fourthly, the rights of ambassadors between different nations.