Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-01-18
From the National htelligencer-
HOUSE OF REPRESENTATIVES, JAN. IL.
SEMINOLE WAR, &c
fConcludtd.)

Concluded.
In consequence ofthis principle, it follows
that although, when one nation enters into
WARMTH another, all the citizens of those
nations may be considered, in some respects
as enemies to all the citizens of the other;
yet they have not right, in all cases, when
they meet, to act in hostility to each other
because women, childres, and all others
who are exempted from bearing arms, and
those employed in rural and other peace
ful occupations, are not the proper objects
of hostility; nor is it admissible TO take the
lives OF those who fall into the power OF
their enemies, after they have surrendered;
because such act is now unauthorized by
the laws of nations, and everha been vio-
lation of the Laws Of humanity. So, when
armies meet in the field ofbatt!e, the soldier
who lays down his arms and asks tor quar-
tiers, is entitled TO his life; and the same
with garrisons aud whole armies; if they
offer 10 capitulate, in cases of great extrem-
ity, it is an established principle OF the
laws OF nations, universally acknowledged
where civilization prevails, that their lives
cannot be justly taken, unless their gross
violation of the rules o, civilized warfare
render it necessary to iiHict death as pun
;shment for their crimes. But death, in
such cases, is never the righteous fate of un-
successful war: much less are peaceable
citizens, unarmed, pursuing their lawful
avocatons, subject to death, or any other
acts of hostility calculated to iwure them,
either in their persons or effects; because
SUCH citizens do not offer injury. But, from
this general principle and universal prac-
tice among christian nations, anothe prin-
ciple arises, as universally acknowledged
and equally consonant to the laws of nature
and nations, that when nation, either sa-
wage or civilized, departs from these rules,
and grossly violates the laws OF nations and
of humanity, retaliation, OF reprisa!s, are
always jus'ihable, often useful, and some-
times essentially necessary, to teach the Oh
Tenders to respect the laws of humanity,
and to save the elfusion of blood.
In such cases, where the guilty persons
can be taken and identified, the punishment
ought to fall exclusively upon them. Yet
reprisals are not, necessarily, even conhn-
ed to the persons of the guilty but the laws
of war justify the punishment ofthe offend
ing nation. in any of the persons Of the enc
my. This nation, ever regarding mercy as
her delight, has heretofore abstaned from
the exercise of this power, Trough the prln-
ciple was recognized in the case of Capt.
Aseill, in the revolutionary war; and by
President Madison, in which it received the
sanction of the legiS ature, in the late war.
When al war with the savages, who respect
no rule and are governed by no laws {; whose
known mode of warfare is in'liscrimInate
murder Of all ages, sexes, and conditions, it
is a we'll established principle, that their
crimes ray be lawfully punished in the
persons of any Of their people and the Gill
zens or subjects of any civilized nation, by
engaging in their warfare, either IN person.
al hostility or by ins!igating, aiding, and a.
betting them, thereby identifying them
selves with the savages, belonging to their
nation during the continuance OF such en-
gagements, and are, by the true and ac-
knowledged principles of the laws of ma
tons, subject 10 the same treatment. When
reprisals shah be made by iuhicting retalia-
tory punishment Upon foreigners thus iden-
tilted with savases, il is justi6able upon the
principle of reprisals clone, and not be-
cause they become outlaws and pirates;
for the laws of nations justify the citizens or
subjects of one nation in entering the ser
vice of another nation; and during such SER
vice. they are as parts OF the nation which
they serve, subject TO the same treatment,
in all respects, as if they were its natural
citizens or subjects.
II was upon this principle, that the Mar
ouis de la Fayette, Barons Stuben and De-
Kalb, and General Koscinsko, entered the
American service in the revolutionary war,
wb;.h was never considered as a just occa-
sion for war. by Great Britain, against
France, Prussia, or Poland: nor yet as
cause for regarding them in the character
of outlaws aud pirates. But, had these dis
tinguisbed men fallen into the hands CT
Great Britain, the laws of war would have
entitled them 10 the same tenderness, and