The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-22
WHOLE NO. CTS.

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Consider that 10 the colonial resdensrthe colonial
Government is every Thing IL il all of majesty mon
archy ofersocracy that he ever sees IN his life. To
that all his duties appear to be owing and consider
too, that the spirit OF his grand principle of individual
responsibility is that bona fde obedience 10 his actual
and lawful Government requiston OF warllke
service shall never be reckoned a crime in any
You have before you, then, the case OF a Govern
lnent commanding subject who was bound 10 obey,
to shoulder his musket Tor the defence of bis country
II true the Senator from Pennsy tells that
] Mcleod was volunteer. But he deduces legal
conclusion from the fact; undoubtedly because he re-
members that, by the admitted doctrine of inerna
uohal law no distinction Is recognised between vo-
| lunteer and any other sold ers He will remember
that Vatel at page 40l is direct authority for this
In the reason of the there be no distinction.
The regularly enlisted soldier engages voluntarily at
hrsi, for longer term and for all the service; the vo-
lunieer engages for a shorter and for a special
service But both alike 90 forth To execute an autho.
ritatre public Will, and both stand therefore, on the
same plane of immunity and hazard. Consider, sir,
what great concern OF all nations il is and Of
more than all Others to hold rule of international
law on this subject that shall make their inhabitants
willing and ready to leap to arms at half moments
warming at the midnight cry of their country.
You have, then lrepeat, the case of a Government
commanding sub ect to 90 forth enterprise OF
war. Why is he not, then within the terms and spi.
r't of the great principle VI immunity which all
agree surrounds the soldier of formal war What
are the pecuiarltles that distinguish this particu
| stfNlce from the general trade oil war why, sir,
they are said TO be these that II single act OF
hostility, not preceded nor followed by any oiher not
preceded by declaration, and wholly unjust. Tins
Is all true but for the objects of this inquiry il is
wholly mmaterial Sir publicists and the practice of
nations recognise modes kinds and degrees of
hostility. War is always general or perfect
nor is II always preceded by dec arotion. 1t
times begins and ends with single crushing blow.
Such was the attack on Copenhagen, in 1901, and
that in 1905 1t may be limited to one single act of
| reprisals by single individual under license com
muuicated To him alone. foreign Power has seized
his ship and his Government gives him letter of
matque TO help himself to another. In point of fact
too, often begins without any declaration al all
al home or abroad The bolt outruns the flash =
Modern history is full of such instances but spare
you the rehearsal If them. Now SIR what ! would
say that for the purposes of immunity the sol
der and sailor all these modes kinds and degrees of
war come exactly 10 the thing They are all
and all alike modes of governmental action, involving
only governmental responsibility. In many things
they certainly differ one from another; of them
are more chlvalrous, more magnanmous, more con
iornabe with strict and punctilious proceeding and
technical law of war than others Some Of them af-
ford less ground of complaint To the Government
sailed than others. But for the purpose of personal
responsibility they all and the same thing
In reason II must be Consider that leading OBJ
ec of this principle OF immunity the protection of
the unirlended instruments of ambition patriotism
who furnish the rank and file OF II is to protect
the common soldier And what unavaing,
title To il depended such shades of diversity
these How does he know whether the war to which
you hurry hun away from all that Is dearest TO HIM IN
the world, Is just or unjust How does he know by
what heialds Of declaration it has been preceded
How does he know whether the desperate midnight
enterprise for which you have called him up from
sleep Is TO be single enterprise, whether il is de-
signed TO kinde the fires OF that shall cncircle
the worldf Sir, he knows only that his own Go
vernment, in obedience to which he bred-that
he anl of IA her
graves, bids him 90 forth and that, if he shrhks for
moment from his post when the storm OF battle RACES
highest, he dies by The hands Of his officers and he
eoes forth relying on the armed but manly justice Of
civilized war
And all the authorities The Senator from
Virginia reclted them copiously TO you last evening
that shall spare you the repetition, and my
self with reference two The Senator from Penn
syvanla and the Secretary of State tell you that the
attack on the Caroline was un ust. But look into
Vattel pages $50 and 1888, and Rutherforh, I'd
volume page $40, and you find that they that
the injustice of the does not affect the soldiers
title TO immunity. If it did, the nations would al
once return the murder Of prisoners for there
ever war in which each begerant did not think his
antagonist in the wrong
But YOU say this only single act of hostility
breaking out in time of general peace unannounced
by any declaration Sol, But Rutherorth
pressly declares that this does not withdraw il from
the law Of immunity. | read at large the passage
4 from page 54S of his second volume, and commend II
\
This external lawfulness in respect Of the members
of civil society, extends to public of the i'm
perfect sort 10 reprlsas, or TO other acts OF hostility.
Such Is the doctrine Of this publcist indicated and
illustrated by mastery train OF reasoning approved
by the heart and judgment of universal civilized
Against this authority there cannot be placed one so
taiy act Of Christian nation for the last five hundred
Years word OF any writer who undertakes 10
record the existing systems OF international law
What is y e nation now on earth, or d. scended into
4 II modern
nation that has shed the bio i of prisoner because
the war IL which his Government detached him was
informal lnsolemn. unannounced by declaration,
beginning and ending with one single act Call up
the batlon If such there has been, aud let il
sNei to the outraged spirit OF law Did Denmark
clam the right 10 do such atroclty BUNDLED and
exasperated by the repeated bombardmen of her capi
tai did that ancient and gallant race dream of
ayenglng the defeats of the castle by the triumphs Of
the gallcws Did Spain, the most formal, the most
punclous Of Governments, and adhering the most
tenaciously to the slow and prescrptive soemnties
and techncaies Of the old fashions of war did Spain
dream Of when in 1904 England in time OF peace,
intercepted her ships returning from America
and captured or destroyed them
Nor can you find as have said word in any ap.
proved expounder of the actual law of nations, to OPP
pose the text Of Rutherorth Dcta of Grotlns, seem
10 conflict with it. But they only to conflict with
it. Even these the Senator from Pennsylvania has |
not a,alIed himself oil because he knows that Grotiu-
admirable fr his genius his studies his enlarged
and excellent spirit lived too early To witness the full
development of his own grand principles and the &C
compshment Of his phanthropic wishes. The |
existing law of nations has been slow built up since
his time and 10 learn 1t must have recourse to VIII
ers far his interiors capacity and learning, but for
unate in being able to record the amellorated theory
and practice of better day than his From no one |
Of the you cite any thing in opposition to the |
authority have relied on The Senator from Penn |
syvana thought he had discovered rome such doctrine
he needs in the 18th section of book I'd chapter 9th
OF Nate But the Senator from Virginia en-
ely IN his observation upon this passage |
hat il plainly refers 10 the case of an individual act
ing without authority from his Govern nent and TO |