e the matter into
his own hands. He has no right to disturb the peace and safety of
nations on a doubtful pretension. But if the other party refuses to have
the matter brought to the proof, or to accede to any proposition to
terminate the dispute in a peaceable manner, reprisals become lawful.

Sec.8. By treaties of alliance, nations sometimes agree to assist each
other in case of war with a third power. It is a question not clearly
settled, whether the government that is to afford the aid is bound to do
so when it deems the war to be unjust. The reasonable conclusion seems
to be, that, in cases simply doubtful, the justice of the war is to be
presumed; and the government pledging its aid is bound to fulfill its
engagement. The contrary doctrine would furnish a nation with too ready
a pretext for violating its pledge. In cases only of the clearest
injustice on the part of its ally, can a nation rightfully avoid a
positive engagement to afford assistance.

Sec.9. But when the object of the war is hopeless, or when the state under
such engagement would, by furnishing the assistance, endanger its own
safety, it is not bound to render the aid. But the danger must not be
slight, remote, or uncertain. None but extreme cases would afford
sufficient cause for withholding the promised assistance.

Sec.10. When the alliance is defensive, the treaty binds each party to
assist the other only when engaged in a defensive war, and unjustly
attacked. By the conventional law of nations, the government that first
declares, or actually begins the war, is considered as making
_offensive_ war; and though it should not be the first actually to apply
force, yet if it first renders the application of force necessary, it is
the aggressor; and the other party, though the first to apply force, is
engaged in a _defensive_ war. (Sec.1.)

Chapter LXVI.

Declaration of War; its Effect upon the Person and Property of the
Enemy's subjects; Stratagems in War; Privateering.

Sec.1. When a nation has resolved on making war, it is usual to announce
the fact by a public declaration. In monarchical governments, the power
to declare war, which of course includes the right of determining the
question whether it shall be made, is vested in the king. In the United
States, this power is, by the constitution, given to the representatives
of the people, for reasons elsewhere stated. (Chap. XXXVI, Sec.3.)

Sec.2. It was usual, formerly, to communica