Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/274

258 . And the reaon which is given by Grotius, why according to the law of nations a denunciation of war ought always to precede the actual commencement of hotilities, is not o much that the enemy may be put upon his guard, (which is matter rather of magnanimity than right) but that it may be certainly clear that the war is not undertaken by private perons, but by the will of the whole community; whoe right of willing is in this cae transferred to the upreme magitrate by the fundamental laws of ociety. So that, in order to make a war completely effectual, it is neceary with us in England that it be publicly declared and duly proclaimed by the king’s authority; and, then, all parts of both the contending nations, from the highet to the lowet, are bound by it. And wherever the right reides of beginning a national war, there alo mut reide the right of ending it, or the power of making peace. And the ame check of parliamentary impeachment, for improper or inglorious conduct, in beginning, conducting, or concluding a national war, is in general ufficient to retrain the miniters of the crown from a wanton or injurious exertion of this great prerogative.

IV.&ensp;, as the delay of making war may ometimes be detrimental to individuals who have uffered by depredations from foreign potentates, our laws have in ome repect armed the ubject with powers to impel the prerogative; by directing the miniters of the crown to iue letters of marque and reprial upon due demand: the prerogative of granting which is nearly related to, and plainly derived from, that other of making war; this being indeed only an incomplete tate of hotilities, and generally ending in a formal denunciation of war. Thee letters are grantable by the law of nations, whenever the ubjects of one tate are oppreed and injured by thoe of another; and jutice is denied by that tate to which the oppreor belongs. In this cae letters of marque and reprial (words in themelves ynonymous and ignifying a taking in return) may be obtained, in order to eie the bodies or goods of the ubjects of the offending tate, until atis- faction