te a declaration of war to the
enemy. According to modern practice, a formal declaration to the enemy
is not required. Any manifesto or paper from an official source,
announcing that the country is in a state of war, is considered
sufficient. The recalling of a minister has alone been regarded as a
hostile act, and followed by war, without any other declaration. But
such cases have not been frequent. Under ordinary circumstances, the
recall of a minister is not an offensive act.

Sec.3. The government of a state acts for and in behalf of all its
citizens; and its acts are binding upon all. Hence, when war is
declared, it is not merely a war between the two governments; all the
subjects of the government declaring it become enemies to all the
subjects of that against which it is declared.

Sec.4. Whether, on the occurrence of a war in any state, the subjects of
the enemy found within the state may be detained as prisoners of war,
and their movable property confiscated; or whether they are entitled to
a reasonable time to retire with their effects, is a question upon which
writers of public law are not agreed. Few civilized nations, at the
present day, would deny such persons a reasonable time to retire with
their property. Of houses and lands, all admit that only the income is
subject to confiscation. The privilege spoken of, instead of being left
to uncertainty, is now, with great propriety, generally secured by
treaty.

Sec.5. When war is declared, all intercourse between the two countries at
once ceases. All trade between the citizens, directly or indirectly, is
strictly forbidden; and all contracts with the enemy made during the war
are void.

Sec.6. Although a state of war makes all the subjects of one nation enemies
of all those of the other, they cannot lawfully engage in offensive
hostilities without permission of their government. If they have no
written commission as evidence of such permission, and if they should be
taken by the enemy, they would not be entitled to the usual mild
treatment which other prisoners of war receive, but might be treated
without mercy as lawless robbers and banditti.

Sec.7. As the object of a just war is to obtain justice, a nation, when it
has declared war, has a right to use all necessary means, and no other,
for attaining that end. A just war gives the right to take the life of
the enemy; but there are limits to this right. If an enemy submits, and
lays down his arms, we ca