reprisals

REPRISALS, war. The forcibly taking a thing by one nation which belonged to 
another, in return or satisfaction for a injury committed by the latter on 
the former. Vatt. B., 2, ch. 18, s. 342; 1 Bl. Com. ch. 7. 
     2. Reprisals are used between nation and nation to do themselves 
justice, when they cannot otherwise obtain it. Congress have the power to 
grant letters of marque (q.v.) and reprisal. Const. art. 1, s. 8 cl. 11. 
     3. Reprisals are made in two ways either by embargo, in which case the 
act is that of the state; or, by letters of marque and reprisals, in which 
case the act is that of the citizen, authorized by the government. Vide 2 
Bro. Civ. Law, 334. 
     4. Reprisals are divided into negative, when a nation refuses to fulfill

a perfect obligation, which it has contracted, or to permit another state to 
enjoy a right which it justly claims; or positive, when they consist in 
seizing the persons and effects belonging to the other nation, in order to 
obtain satisfaction. 
     5. They are also general or special. They are general when a state 
which has received, or supposes it has received an injury from another 
nation delivers commissions to its officers and subjects to take the persons 
and property belonging to the other nation, in retaliation for such acts, 
wherever they may be found. It usually amounts to a declaration of war. 
Special reprisals are such as are granted in times of peace, to particular 
individuals who have suffered an injury from the citizens or subjects of the 
other nation. Bynker. Quaest. Jur. Pub. lib. 1, Duponce, au's Translation, 
p. 182, note; Dall. Diet. Prises maritimes, axt. 2, Sec. 5. 
     6. The property seized in making reprisals is preserved, while there is 
any hope of obtaining satisfaction or justice, as soon as that hope 
disappears, it is confiscated, and then the reprisal is complete. Vattel, B. 
2, c. 18, Sec. 342.