fect of military operations, unless actually taken
in arms, or guilty of some misconduct in violation of the
usages of war, by which they forfeit their immunity."[81]

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. T