The same principle of moderation towards that which is non-resisting limits and restrains the operations of war against the territory and other property of the enemy.  There is a marked difference in the rights of war carried on by land and at sea, in modification of the general right to seize on all the enemy’s property, and to appropriate that property to the captors.

[Sidenote:  Objects of a Maritime War.]

The object of a Maritime War is the destruction of the enemy’s commerce and navigation, in order to weaken and destroy the foundations of his naval power.  The capture or destruction of private property is necessary to that end, and is allowed in maritime wars, by the practice and law of nations.

[Sidenote:  Private Property on Land.]

But private property on land is exempt from confiscation, with the exception of such as may become booty in special cases, when taken from enemies in the field or in besieged towns, and of military contributions levied upon the inhabitants of the hostile territory.  This exemption extends even to an absolute and unqualified conquest of an enemy’s country.  In ancient times, both real and personal property of the vanquished passed to the victors; but the last example of confiscation and partition among the conquerors in Europe, was that of England, by William of Normandy.

Unless in special cases, private property on land is not touched, without making compensation; though contributions are sometimes levied in lieu of a necessary confiscation, or for the expenses of maintaining and affording protection.  In other respects private rights are unaffected by war.

[Sidenote:  Government Property.]

The property, however, belonging to the Government of the vanquished nation, passes to the victorious state, which also takes the place of the former Sovereign, in respect to the eminent domain.[82]

[Sidenote:  Limitations of the Right of making War.]

The right of making War, as we have shown in the first chapter of this book, solely belongs to the Sovran power.  Subjects cannot, therefore, of themselves, take any step in the affair; nor are they allowed to commit any act of hostility without orders from their Sovran.

The Sovran’s order which commands acts of hostility, is either general or particular.  The declaration of war, which enjoins the subjects to attack the enemy’s subjects, implies a general order.  Generals, officers, soldiers, privateersmen, and partisans, being all. commissioned by the Sovran, make war by virtue of a particular order.

In declarations of war, the ancient form is still retained,[83] by which subjects in general are ordered, not only to break off all intercourse with, but also to attack the foe.  Custom interprets this general order.  It authorises, indeed, and even obliges every subject, of whatever rank, to secure the persons and things belonging to the enemy, when they fall into his hands; but it does not invite the subject to undertake any offensive expedition without a commission or particular order.[84]