in the violation of thefe or fimilar promises and contracts, is not lefs criminal than if he had broken them himself. He who breaks them by infidious fubterfuges and evafions; he who employs the liberty and opportunities which they afford him for purposes which he knows to be repugnant to the real and acknowledged meaning of the other party; commonly incurs deeper, because more deliberate, guilt, than he would have brought upon himself even by openly refusing to adhere to them.

Sincerity is a duty faithfully to be obferved. towards an enemy. It is no breach of this precept to have recourfe to fuch feints and ftratagems in the conduct of warlike operations, as are not repugnant to the received laws of war; for these cannot be styled deceits in the proper fenfe of that term, being invariably expected (/), and admitted to be fair dealing

by

(7) Some authors have defended the lawfulness of stratagems on the abfurd pléa, that a man having a right to kill his enemy, has therefore à fortiori a right to deceive him. See Vattel's Law of Nations, Chapter on Stratagems, vol. ii. p. 66; a chapter which contains many just obfervations, blended with a ftrange mixture of weak, con

fused,

.

by the oppofite party. The combatant who feems to aim a blow at the head of his adver fary, with a view to lead him to leave his breast exposed, at which from the first he intended to strike, violates no rule of morality: for the other was well aware, that the gefturcs of the affailant were not meant to convey any promise as to the part against which his attack fhould be directed. Forfimilar reasons the Commander is blameless, who apparently menaces a particular district with an invasion, that he may cover his real designs on another quarter; or affembles numerous ftandards on a hill, and pitches a camp of unneceffary magnitude,

that

fufed, and inconfiftent reafoning. Deceit is on no pretence or occafion lawful. But allowed ftratagems are not deceits, according to the real import of the word. If a perfon, on being requested to do a particular thing, anfwers," that he will do it," or even nods, and afterwards does it not, it is deceit. And why? For this reason alone, because the words and the fign were fuch as, according to common acceptation, implied affent. But had it been univerfally understood, that in certain cafes they should not neceffarily imply that meaning, he might have used them in those circumstances without being pledged to it, and without being chargeable with deceit if

he

that he may excite exaggerated ideas of his force. But were an Officer, after agreeing to furrender a fortrefs, to cut off by an ambufcade the troops fent to take poffeffion of it, or blow them up by springing a mine; or were he to call for quarter in battle, and then to fhoot his antagonist whom he had thus thrown off his guard; his conduct, being utterly repugnant to all the established laws and ufages of war, would be the height of treachery and bafenefs.

Our fecond general rule directs an Officer to conduct himself towards the enemy with every degree of forbearance and humanity

he fhould depart from it. Now it is univerfally known and admitted to be one of the laws of war, that an Officer is at liberty, within certain limits, to ufe figns of various forts without being pledged to their common meaning; and to use them thus for the purpofe of leading the enemy to erroneous conclufions as to his force and intentions. He therefore who ufes them in this manner is guiltless of deceit.

The Achæans, according to Polybius, b. xiii. p. 671, &c. appear to have rejected the ufe of ftratagems, not merely as cowardly, but as immoral; and the hiftorian himself feems inclined to that opinion.

compatible

compatible with the fuccefsful profecution of

the war.

When hoftilities are actually commenced,. they must neceffarily be carried on with the spirit and exertions adapted to bring them to their proper termination- the attainment of redress for injuries received, and of reasonable fecurity against fimilar attacks for the future. But every hoftile proceeding of an army, or of an individual, which is not effentially conducive to this end, whether it be the flaughter of troops who might as easily have been taken prisoners; needlefs rigour towards vanquished or captive adverfaries; the wanton destruction. of public buildings, and of the monuments of fcience and art; or injury offered to the perfons, and havock committed on the property, of unarmed citizens and peasants, is totally without excufe. A confcientious Officer, while he courageously discharges his duty to his country in the camp and the field, will rejoice in every opportunity which prefents itself of mitigating the horrors, and alleviating the miseries of war. He will fpare, whenever it is practicable, the blood of his enemies. He

will remember that those who fall in the field of battle, to whatever nation or party they belong, are men like himself; and that the life of every fingle unit in the long fum of flaughtered thousands was of the utmoft poffible confequence at least to one person, if not to more. He will contain his troops within the ftrict bounds of difcipline; he will inculcate on them conftant regard to moderation and humanity; and will chaftife with exemplary rigour every act of barbarity and unauthorised rapine, whenever and by whomsoever it may be perpetrated. He will never forget the common ties of human nature, by which he is infeparably united to his enemy; an enemy whom he is fhortly to meet before the throne of their common Judge. Let the conquered foe, whether of high rank, or in the humbleft station, be treated as a brother. If he has fallen, let his remains be protected from infult. If wounded, or afflicted with fickness, let him receive that fuccour which the victor, were their fituations reversed, would wish to experience. Let the prisoner be exchanged without unneceffary delay; or be permitted, as fpeedily as circumftances will allow, to return on his

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