The Laws of War, Affecting Commerce and Shipping
The Laws of War, Affecting Commerce and Shipping
Book Excerpt
ect Wars between nations, that is such wars as nations carry on
one against the other, without declaring or proclaiming them, though
they are Public Wars, are seldom called wars at all; they are more
usually known by the name of reprisals, or acts of hostility. It has
often been important to determine, on the re-settlement of peace, what
time war commenced, and when reprisals ceased.[2]
According to the Law of Nations, two things are required for a Solemn War; first, it must be a Public War; that is, the contending parties must be two nations, or two parties of allied nations, contending by force under the direction of a supreme executive; and secondly, it must be proclaimed, notified, or declared. And probably it must be general in its character, and not simply local or defensive. Presuming that the coming contest will be of the widest character, I shall proceed to examine its legal effects on Commerce, on that supposition.[3]
[Sidenote: Declaration of War]
Declarations have existed from the most an
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