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The Laws of War in the 1812 Conflict

Few American wars have been as closely tied to international law as the Anglo-American conflict of 1812. The legality or otherwise of impressment and cargo confiscation, definitions of contraband, blockade and the permissible limits of neutrality have all been endlessly argued. Such questions concern the causes of the war. What has attracted little attention, despite the keen contemporary awareness of the existence of laws on the conduct of nations, is the extent to which legal restrictions were observed in the actual waging of the War of 1812. The notion that there were any limits at all is against the trend noted by those historians and specialists in military affairs who have observed that “restricted war was one of the loftiest achievements of the eighteenth century,” but that “the doctrines of the French Revolution brought a new intensity to warfare,” that unlimited war was reborn in August 1793, so that “by the beginning of tlie nineteenth century…the limitations on the violence of war that had been imposed by the small-scale eighteenth-century armies had already disappeared.” However true these generalizations may be for Europe, the idea of limited war still thrived in North America in 1812 and throughout the subsequent war there.