id, _that they must be
sold, when they are taken, with their wives and children into
slavery_: But this is not to be considered as a punishment, since
even those suffer it, by the laws of war, who have done nothing that is
base." The truth is, that both the _offending_ and the _offended_
parties, whenever they were victorious, inflicted slavery
alike. But if the _offending_ party inflicted slavery on
the persons of the vanquished, by what right did they inflict it? It
must be answered from the presumption before-mentioned, "by the right of
_reparation_, or of _punishment:_" an answer plainly absurd
and contradictory, as it supposes the _aggressor_ to have a
_right_, which the _injured_ only could possess.

Neither is the argument less fallacious than the presumption, in
applying these principles, which in a _publick_ war could belong to
the _publick_ only, to the persons of the _individuals_ that
were taken. This calls us again to the history of the ancients, and, as
the rights of reparation and punishment could extend to those only, who
had been injured, to select a particular instance for the consideration
of the case.

As the Romans had been injured without a previous provocation by the
conduct of Hannibal at Saguntum, we may take the treaty into
consideration, which they made with the Carthaginians, when the latter,
defeated at Zama, sued for peace. It consisted of three articles[047].
By the first, the Carthaginians were to be free, and to enjoy their own
constitution and laws. By the second, they were to pay a considerable
sum of money, as a reparation for the damages and expence of war: and,
by the third, they were to deliver up their elephants and ships of war,
and to be subject to various restrictions, as a punishment. With these
terms they complied, and the war was finished.

Thus then did the Romans make that distinction between _private_
and _publick_ war, which was necessary to be made, and which the
argument is fallacious in not supposing. The treasury of the vanquished
was marked as the means of _reparation_; and as this treasury was
supplied, in a great measure, by the imposition of taxes, and was,
wholly, the property of the _publick_, so the _publick_ made
the reparation that was due. The _elephants_ also, and _ships of
war_, which were marked as the means of _punishment_, were
_publick_ property; and as they were considerable instruments of
security and defence to their possessors, and of annoyanc