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chapter v 509 chapter v Of the Enemy, and of Things belonging to the Enemy. The enemy is he with whom a nation is at open war. The Latins had a particular term (Hostis)todenoteapublicenemy,anddistinguishedhim from a private enemy (Inimicus). Our language affords but one word for these two classes of persons, who ought nevertheless to be carefully distinguished . A private enemy is one who seeks to hurt us, and takes pleasure in the evil that befalls us. A public enemy forms claims against us, or rejects ours, and maintains his real or pretended rights by force of arms. The former is never innocent; he fosters rancour and hatred in his heart. It is possible that the public enemy may be free from such odious sentiments, that he does not wish us ill, and only seeks to maintain his rights. This observation is necessary in order to regulate the dispositions of our heart towards a public enemy. When the sovereign or ruler of the state declares war against another sovereign, it is understood that the whole nation declares war against another nation: for the sovereign represents the nation, and acts in the name of the whole society (Book I. §§40, 41); and it is only in a body, and in her national character, that one nation has to do with another. Hence, these two nations are enemies, and all the subjects of the one are enemies to all the subjects of the other. In this particular, custom and principles are in accord. Enemies continue such, wherever they happen to be. The place of abode is of no consequence here. It is the political ties which determine the character. Whilst a man continues a citizen of his own country, he is the enemy of all those with whom his nation is at war. But we must not hence conclude that these enemies may treat each other as such, wherever they happen to meet. Every one being master in his respective country, a neutral prince will not allow them to use any violence in his territories.§69. Who is an enemy.§70. All the subjects of the two states at war are enemies,§71. and continue to be enemies in all places. 510 book iii: of war Since women and children are subjects of the state, and mem- bers of the nation, they are to be ranked in the class of enemies. But it does not thence follow that we are justifiable in treating them like men who bear arms, or are capable of bearing them. It will appear in the sequel, that we have not the same rights against all classesof enemies. When once we have precisely determined who our enemies are, it is easy to know what are the things belonging to the enemy (res hostiles). We have shewn that not only the sovereign with whom we are at war is an enemy, but also his whole nation, even the very women and children. Every thing, therefore, which belongs to that nation,—to the state, to the sovereign, to the subjects, of whatever age or sex,—every thing of that kind, I say, falls under the description of things belonging to the enemy. And, with respect to things, the case is the same as with respect to persons:—things belonging to the enemy continue such wherever they are. But we are not hence to conclude, any more than in the case of persons (§71), that we every-where possess a right to treat those things as things belonging to the enemy. Since it is not the place where a thing is, which determines the nature of that thing, but the character of the person to whom it belongs,— things belonging to neutral persons, which happen to be in an enemy’s country or on board an enemy’s ships, are to be distinguishedfromthose which belong to the enemy. But it is the owner’s business to adduce evident proof that they are his property: for, in default of such proof, a thing is naturally presumed to belong to the nation in whose possession it is found. The preceding section relates to movable property: but the rule is different with respect to immovable possessions, such as landed estates. Since all these do in some measure belong to the nation, are part of its domain, of its territory, and under its government (Book I. §§204, 235, Book II. §114)—and since the owner is still a subject of the country as...

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Additional Information

ISBN
9781614878728
Related ISBN
9780865974517
MARC Record
OCLC
466082934
Pages
896
Launched on MUSE
2013-06-27
Language
English
Open Access
No
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