to indignities or torture, the violation of women, the profanation of temples, the demolition of public buildings, libraries, ftatues, and in general the destruction or defacing of works that conduce nothing to annoyance or defence. The fe enormities are prohibited not only by the practice of civilized nations, but by the law of nature itself, as having no proper tendency to accelerate the termination, or accomplish the. object of the war; and as containing that which in peace and war is equally unjustifiable-ultimate and gratuitous mifchief,

There are other reftrictions impofed upon the conduct of war, not by the law of nature pri-marily, but by the laws of war first, and by the law of nature as feconding and ratifying the laws of war. The laws of war are part of the law of nations; and founded, as to their authority, upon the fame principle with the reft of that code, namely, upon the fact of their being established, no matter when or by whom; upon the expectation of their being mutually obferved, in confequence of that eftablishment; and upon the general utility which refults from fuch obfervance. The binding force of thefe rules is the greater, because the regard that is paid to them must be univerfal or none.

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The breach of the rule can only be punished by the fubverfion of the rule itself: on which account, the whole mifchief that enfues from the lofs of those falutary reftrictions which fuch rules prefcribe, is juftly chargeable upon the first aggreffor. To this confideration may be referred the duty of refraining in war from poison and from affaffination. If the law of nature simply be confulted, it may be difficult to distinguish between these and other methods of deftruction, which are practifed without fcruple by nations at war. If it be lawful to kill an enemy at all, it feems lawful to do fo by one mode of death as well as by another; by a dose of poison, as by the point of a fword; by the hand of an affaffin, as by the attack of an army: for if it be faid that one fpecies of affault leaves to an enemy the power of defending himself against it, and that the other does not; it may be anfwered, that we poffefs at leaft the fame right to cut off an enemy's defence, that we have to feek his deftruction. In this manner might the queftion be debated, if there exifted no rule or law of war upon the fubject. But when we obferve that fuch practices are at prefent excluded by the ufage and opinions of civilized nations; that the first recourfe to them would be followed by

inftant

inftant retaliation; that the mutual licence which fuch attempts muft introduce, would fill both fides with the mifery of continual dread and fufpicion, without adding to the ftrength or fuccefs of cither; that when the example came to be more generally imitated, which it foon would be, after the fentiment that condemns it had been once broken in upon, it would greatly aggravate the horrors and calamities of war, yet procure no fuperiority to any of the nations engaged in it: when we view these effects, we join in the public reprobation of fuch fatal expedients, as of the admiffion amongst mankind of new and enormous evils without neceffity or advantage. The law of nature, we fee at length, forbids.thefe innovations, as fo many tranfgref fions of a beneficial general rule actually subfifting.

The licence of war then acknowledges two limitations: it authorifes no hoftilities which have not an apparent tendency to effectuate the object of the war; it refpects those pofitive laws which the custom of nations hath fanctified, and which, whilft they are mutually conformed to, mitigate the calamities of war, without weakening its operations, or diminishing the power or fafety of belligerent ftates.

Long and various experience feems to have convinced the nations of Europe, that nothing but a standing army can oppose a standing army, where the numbers on each fide bear any moderate proportion to one another. The firft ftanding army that appeared in Europe after the fall of the Roman legion, was that which was erected in France by Charles VII. about the middle of the fifteenth century: and that the institution hath fince become general, can only be attributed to the fuperiority and fuccefs which are every where obferved to attend it. The truth is, the clofenefs, regularity, and quicknefs of their movements; the unreserved, inftantaneous, and almoft mechanical obedience to orders; the fenfe of perfonal honour, and the familiarity with danger, which belong to a difciplined, veteran, and embodied foldiery, give fuch firmnefs and intrepidity to their approach, fuch weight and execution to their at tack, as are not to be withstood by loofe ranks of occafional and newly-levied troops, who are liable by their inexperience to diforder and confufion, and in whom fear is conftantly augmented by novelty and furprif. It is poffible that a militia, with a great exce's of numbers, and a ready fupply of recruits, may sustain a defenfive

defenfive or a flying war against regular troops; it is also true that any fervice, which keep foldiers for a while together, and inures them by little and little to the habits of war and the dangers of action, transforms them in effect into a ftanding army. But upon this plan it may be neceffary for almost a whole nation to go out to war to repel an invader; befide that, a people fo unprepared muft always have the feat, and with it the miseries of war, at home, being utterly incapable of carrying their operations into a foreign country.

From the acknowledged fuperiority of standing armies, it follows, not only that it is unfafe for a nation to difband its regular troops, whilft neighbouring kingdoms retain theirs; but also that regular troops provide for the public fervice at the leaft poffible expence. I fuppofe a certain quantity of military ftrength to be neceffary, and I say that a standing army cofts the community lefs than any other eftablishment which prefents to an enemy the fame force. The conftant drudgery of low employments is not only incompatible with any great degree of perfection or expertnefs in the profeffion of a foldier, but the profeffion of a foldier almoft always unfits men for the bufinefs of regular occupations. Of three inhabitants of. a village,