war

War, when duly declared or recognized as such by the war-making power, imports a prohibition to the subjects, or citizens, of all commercial intercourse and correspondence with citizens or persons domiciled in the enemy country

War is a hostile contest with arms between two or more states or communities claiming sovereign rights. Field, Int. Code, p. 467. Classification: (1) War is either offensive, defensive, or auxiliary. The distinction between offensive and defensive war has been based on the provocation leading to the war, but this test is difficult of application. The most practical test is as to the belligerent in whose territory the war is waged. See Glenn, Int. Law, 169. An auxiliary war is one undertaken by a third nation in support of a belligerent. (2) War is either public or private, accordingly as it has or has not the sanction of the sovereign power of the state. A insurrectionary war in which one par- (3) War is either perfect (sometimes called "solemn"), or imperfect (sometimes called "unsolemn"), accordingly as it has been declared in due form by the sovereign power, or is limited as respects places or persons. 25 Wend. (N. Y.) 483. (4) War is either foreign or civil, according as it is between independent states, or between a state, as such, and a party or section of its own subjects. Civil war is distinguished from a mere treasonable insurrection only by degree, "by the number, power, and organization of the persons who originate and carry it on." 2 Black (U. S.) 635.

A state of forcible contention; an armed contest betwcen nations; a state of hostility between two or more nations or states. Gro. de Jur. B. lib. 1, c. 1. Every connection by force between two nations, in external matters, under the authority of their respective governments, is a publlc war. If war ls declared in form, it ls called "solemn," and is of the perfect kind; because the whole nation is at war with another whole nation. When the hostilities are limited as respects places, persons, and things, the war is properly termed "imperfect war." Bas v. Tingy, 4 Dall. 37, 40, 1 L. Ed. 731.

— Articles of war. See Article.

— Civil war. An internecine war. A war carried on between opposing masses of citizens of the same country or nation. Before the declaration of independence, the war between Great Britain and the United Colonies was a civil war; but instantly on that event the war changed its nature, and became a public war between independent governments. Hubbard v. Exp. Co.., io R. I. 244; Brown v. Hiatt, 4 Fed. Cas. 387; Prize Cases, 2 Black, 667, 17 L. Ed. 459; Central R. & B. Co. v. Ward, 37 Ga. 515.

— Laws of war. See Law.

— Mixed war. A mixed war is one which is made on one side by public authority, and on the other by mere private persons. People v. McLeod, 1 Hill (N. Y.) 377, 415, 37 Am. Dec. 328.

— Private war. One between private persons, lawfully exerted by way of defense, but otherwise unknown in civil society. People v. McLeod, 25 Wend. (N. Y.) 576, 37 Am. Dec. 328.-

— Pnblie war. This term includes every contention by force, between two nations, in external matters, under the authority of their respective governments. Prize Cases, 2 Black, 666, 17 L. Ed. 459; People v. McLeod. 25 Wend. (N. Y.) 483, 37 Am. Dec. 328

— Solemn war. A war made in form by public declaration; a war solemnly declared by one state against another.

— War-Office. In England. A department of state from which the sovereign issues orders to his forces. Wharton.

An armed contest between nations, or between different portions of the same nation, — when between nations called public; when between portions of the same nation, and arising out of insurrection, civil.

A fighting between two kings, princes, or parties, in vindication of their just rights. Wha Hon. War is that state in which a nation prosecutes its rights by force. Alire v. United States, 1 Ct. of CI. 233. Every forcible contest between two governments de facto or dejure is war. Dole v. Merchants' Mut., &c. Ins. Co., 51 Me. 465. Every contention by force between two nations, in external matters, under the authority of their respective governments, is a public war. If war is declared in form, it is called solemn, and is of the perfect kind; because the whole nation is at war with another whole nation. When the hostilities are limited as respects places, persons, and things, thp war is properly termed imperfect war. Bas u. Tingy, 4 Dall. 37, 40. There are two kinds of war, — perfect and imperfect. Perfect war is one which destroys the national peace and tranquillity, and lays the foundation of every possible act of hostility. Imperfect war is that which does not entirely destroy the public tranquillity, but interrupts it only in some particulars, — e. q., reprisals. Miller o. The Resolution, 2 Ddll. 19, 21.