State of the question

War may be waged by private persons against private persons, as by a traveller against a highwayman; by those who have sovereign power against those who possess like power;…by private persons against those who have sovereign power, but not over them, as by Abraham against the King of Babylon and his neighbours; and by those who have sovereign power against private persons who are either their subjects…or are not their subjects, as in the war waged by the Romans against the pirates. The question to be considered here is simply this, whether it is permissible for either private or official persons to wage war against those under whose authority they are, whether this authority be sovereign or subordinate.

First of all, the point is settled beyond controversy, that arms may be taken up against subordinates by those who are armed with the authority of the sovereign power.…Our question, then, is to determine what action is permissible against the sovereign power, or, against subordinates acting under the authority of the sovereign power.