sum of money, as a reparation for the damages and expence of war: and,
by the third, they were to deliver up their elephants and ships of war,
and to be subject to various restrictions, as a punishment. With these
terms they complied, and the war was finished.

Thus then did the Romans make that distinction between _private_
and _publick_ war, which was necessary to be made, and which the
argument is fallacious in not supposing. The treasury of the vanquished
was marked as the means of _reparation_; and as this treasury was
supplied, in a great measure, by the imposition of taxes, and was,
wholly, the property of the _publick_, so the _publick_ made
the reparation that was due. The _elephants_ also, and _ships of
war_, which were marked as the means of _punishment_, were
_publick_ property; and as they were considerable instruments of
security and defence to their possessors, and of annoyance to an enemy,
so their loss, added to the restrictions of the treaty, operated as a
great and _publick_ punishment. But with respect to the
Carthaginian prisoners, who had been taken in the war, they were
retained in _servitude:_ not upon the principles of _reparation_
and _punishment_, because the Romans had already received,
by their own confession in the treaty, a sufficient satisfaction:
not upon these principles, because they were inapplicable
to _individuals:_ the legionary soldier in the service of the
injured, who took his prisoner, was not the person, to whom the
_injury had been done_, any more than the soldier in the service of
the aggressors, who was taken, was the person, who had _committed the
offence:_ but they were retained in servitude by the _right of
capture_; because, when both parties had sent their military into the
field to determine the dispute, it was at the _private_ choice of
the legionary soldier before-mentioned, whether he would spare the life