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472 book iii: of war chapter ii Of the Instruments of War,—the raising of Troops, &c.—their Commanders, or the Subordinate Powers in War. The sovereign is the real author of war, which is carried on in his name, and by his order. The troops, officers, soldiers, and, in general, all those by whose agency the sovereign makes war, are only instruments in his hands. They execute his will and not their own. The arms, and all the apparatus of things used in war, are instruments of an inferior order. For the decision of questions that will occur in the sequel, it is of importance to determine precisely what are the things which belongtowar. Without entering here into a minute detail, we shall only observe that whatever is peculiarly used in waging war, is to be classed among the instruments of war; and things which are equally used at all times, such as provisions, belong to peace, unless it be in certain particularjunctures when those things appear to be specially destined for the support of war. Arms of all kinds, artillery, gun-powder, salt-petre and sulphur of which it is composed, ladders, gabions, tools, and all other implements for sieges, materials for building ships of war, tents, soldiers’ clothes, &c. these always belong to war. As war cannot be carried on without soldiers, it is evident that whoever has the right of making war, has also naturally thatof raisingtroops. The latter therefore belongs likewise to the sovereign (§4), and is one of the prerogatives of majesty (Book I. §45). The power of levying troops, or raising an army, is of too great consequence in a state, to be intrusted to any other than the sovereign. The subordinate authorities are not invested with it; they exercise it only by order or commission from the sovereign. But it is not always necessary that they should have an express order for the purpose. On those urgent exigencies which do not allow time to wait for the supreme order, the governor of a province , or the commandant of a town, may raise troops for the defence of the town or province committed to their care; and this they do by§6. Instruments of war.§7. Right of levying troops. chapter ii 473 virtue of the power tacitly given them by their commission in cases of this nature. I say that this important power is the appendage of sovereignty; it makes a part of the supreme authority. But we have already seen that those rights which together constitute the sovereign power, may be divided (Book I. §§31, 45), if such be the will of the nation. It may then happen that a nation does not intrust her chief with a right so dangerous to her liberty as that of raising and supporting troops, or at least that she limits the exercise of it, by making it depend on the consent of her representatives . The king of England, who has the right of making war, has also, indeed, that of granting commissions for raising troops; but he cannot compel any person to enlist, nor, without the concurrence of parliament, keep an army on foot. Every citizen is bound to serve and defend the state as far as he is capable. Society cannot otherwise be maintained; and this concurrence for the common defence is one of the principal objects of every political association. Every man capable of carrying arms should take them up at the first order of him who has the power of making war.2 In former times, and especially in small states, immediately on a declaration of war, every man became a soldier; the whole community took up arms, and engaged in the war. Soon after, a choice was made, and armies were formed of picked men,—the remainder of the people pursuing their usual occupations. At present the use of regular troops is almost every-where adopted, especially in powerful states. The public authority raises soldiers, distributes them into different bodies underthe command of generals and other officers, and keeps them on foot as long as it thinks necessary. As every citizen or subject is bound to serve the state, the sovereign has a right, in case of necessity, to enlist whom he pleases. But he ought to choose such only as are fit for the occupation of war; and it is highly proper that he should, as far as possible, confine his choice to volunteers, who enlist without compulsion. 2. This paragraph...


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