Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-06-21

!, MIR. RlVES appealed to the Senate--to the ser
tment Of American pride-to that Roman spir
= which, he believed, yet survived IN the boSoms
his counirymen, TO say whether such a reply W.
not worthy Of tho country and the Government
"Parcere subjects ct debellare superbos" was a.
dictate e lofty and n,asnaninious spirit, wheth,
m individuals or in States. Historians have record
ed the conduct OF the Roman Senate on the occNsio
OF their ambassador being killed by the subjects
Demeirius, one of the most powerful princes of an
, tquity. DemetruS delivered up the perperaioi
OF the act to the Romans; but the Senate, suspect
Inc that he had connived or encouraged the crime
Immediately sent hack the individual offenders, no
tiiying Demetrlus that they would hold the soyer
oign, and not the subject responsible Is it in fol
lowing the example OF that proud Republic that III
honorable Senator from Pennsy lvania finds groun,
for imputns to the Administrations, in the case O
Mcleod, want Of proper national tone and spirit
But the Senator tells us, also, that he dissenu
entirely from the views Of the Administration in re
gard to the principle of international law involvcC
in the correspondence between MIR. Fox and tn,
Secretay Of State. What is the principle thus de
ried! | cite 1t, as the honorable Senator did, from
the letter Of instructions to the Attorney General
IL is there laid down IN the following words
There IS, therefore, now an authentic declara
ton that the attack on the Caroline an act o
public force, done by military men, under tle orders
OF their superior othesTs and is recognised such
by the Queens Government" THAT an indivi-
QUA forming part OF public force, and acting under
the dsihoity Of his GorsrHmsnt, is not to be held
answerabe as private trespaSscr or maeiactor, Is
a principle OF public law sanctioned by the usages
of all civilized nations, and which the Government
OF the United State has inclination to dispute.'
The Senator from Pennsy wanna contends that
this doctrine is applicable only 20 state of open,
/ formal, and declared icdr. In this | beg leave to
differ from him. Ii is applicable to every of a
military aggression committed by military men, act
ing in obedience their superior authorities whe-
Their II be IN state Of general and formal war or
not. What is the reason of the thlns7 Let us not
stick Ia the letter, but look to the considerations
which the rule is founded. Why soldiers and
military men not held individually responsible for
acts Ct violence and trcSpdss committed, in military
operations, on the persons and property of citizens
of another natOnl Because IN these acts they are
the mere instruments of higher Power, bound i'm.
perauvely by their allegiance to yield their services
al the call of the constituted authorities of their
country, and to obey implicitly the orders of their
commanding officers. Ii is for the soldier or the
volunteer 10: they both stand on the ground)
10 inquire INTO the justice or legality Of the orders
he receives. His duty IS obedience while the re-
spons.5,y for his orders is with ms sovereign, or
his superior officers who issue them. And here |
beg leave TO refer the honorable Senator TO his ia
voriIe authority, (Naiie,) from which he read an
extract which | shall presently show completely
SuS:liaS, when properly understood, the position he
used It 10 asSal. The passage | am about 10 read
refers 10 the case of wanton and unjust war; OF so
hAsrant character as TO expose the sovereign who
wages It to the unanimous reprobaiion of the whole
family Of nations. The author there saws:
"Bu, as 10 the PREPARATION of any damage, are the
military, the general officers and soldiers obliged in
conscience 10 repair the mi uricS which they have
DONE notoi their own viii, but as Instruments IN the
hands Of their sovereign at Is the duty 81 sub
ecis 10 suppose the orders OF the sovereign 'iust
and Use, Sc. When, therefore, they have lent
their assistance in a war which is afterwards found
to be unjust, the sovereign alone is guilty He alone
is bound 10 repair the injuries. The subjects, and
in particular the military innocent; they have
acted only from necessary obedience" Govern
meni would be ImpraccaOle, ii every one of its IN
strumens were TO weigh its commands" &c.-Vat-
tel. b. nj, c. II, sec Isl.
In this passage both the rule and the reason OF IT,
respecting the immunity from individual response
bilIiy q persons employed IN military operations,
are lard down IN the most comprehensive terms
They regarded as mere instruments IN the hands
OF the sovereign or superior authorities; as much So
in effect, as the bayones they ply or the cannon
they discharge. The rule, too, IS expressed in
terms large and comprehensive rs 20 apply 10 ev-
cry kind OF war, IN regard TO It's character for justce
and TO every degree Of war, IN respect formally,
duration, and extent Thee are many forms and
varieties OF the state of war. Ia general, dec.ara.
ton OF war is required, 10 constitute a solemn or
formal war. But defensive war requires no decla-
ratoE nor even, on urgent occasions an express or
der from the sOveregn."-lVslIel, d. iii, c. !, sec
Col So as to reprisals, and other specific and par
pal acts OF hostility. Taey are not accompanied
with declaration Of war, and yet they are
pubic wars, though OF the imperfect sort. Ruther-
orih an able writer on tie law OF nature and of ma
TONS has wei described these various degrees and
denominations OF war. He says:
at one nation SEXES the goods of another nation
by force, upon account of some damage, SC, such
contentious 10y force are reprisals There may be
likewise other acts Of hostility between two nations
which DO not properly come under the name Of re-
prsHs such as the heslecng each others's towns or
the sinking Of each others fleets whilst the nations
IN other respects are at peace with one another
These arc public wars, because nations are the con-
tending parties. But as they are confined to me
particular objects, they are Of The imperfec, sor
&c.-B II, c. 9, 5. TO-
or these informal and imperfect wars, nei, her &C.
companied with declaration Of war, nor extending
into genera and continued hOs,iiiGies, the examples
IN modem times are very numerous. No. TO sneak
OF the memorable attack on Copenhagen, we have
had, IN our own day, repeated ms ances Of these 10
ca, partial and ISOLATED host,!es amounting, never.
theess, during their Continuance, to a state Of war
AND carrying with them all the legal consequences
OF that state. One instance was too fresh in MS re-
collection, MIR. K. said, having occurred during the
period OF his residence in France and furnished TOO
apt an .ustrnton OF the principles under discussion
not TO Justify passing notice. While the tyrant
Don Misuc. was on the throne Of Por.ugll he
practlsed the grOssCst atrocities not ONLY on his own
subjects, bui on foreigners resident IN lis kind
The subjects OF France came ~ for large share o,
these Injuries and lndgn;ies. Failing 10 obtain suit
able rcp1ra,lOn for them 10y negotiation, France
Tcsorcd inst 10 reprsIis on the Portuguese hly:
but these too, failing Of their desired effect she dc,
sPa.ched squadron under Admiral Roussin. which
forced the entrance Of the Tagus, and. plssln,
through the fire OF the fJr,rcsscs which line lis banks
anchored within gun-shol Of the Royal Palace
he required concessions were speedily Welded TO
thus vigorous display Uii1rce, and Admiral Roussln
returned IN few days % Brest, with the whole
Portuguese 81 IN his train The trophy of bis sud.
den AMI successful coup de-main. Here was no for
maj or declared war. IL was an isolated act OF
force And yet will any contend that ira sailor
OF Admiral RoussIn had been afterwards found in
Portugal, he could have been nude personally an.
swcaO.c for the loss Of life or destructi n Of bro.
perry which may have attended the operation In
which he bore a plrt2
But MIR x. sail he would hasten TO p-escnt I,
the Senate most respectable autl Orty or the law
OF nations which IS direct and explicit 10 the po!n,
Co., ie5 on. Before doing so, he would merely pre-
mis-. nat the icga. effects attributed by pubicis.s
to state Of war, related, FIRST to the inpuni'y Of
| inoNdua.. Tor any injury to person or property
they might commit IN the execution If military u.e.
raIons end, secondly, 10 the right Of proySriy ac-
[ CURED lu gOOIs tlksu by one Uefgerent from mo.
| Their The passages he was about 10 read from
RuIhehorth would show that both Of these cnnse.
| quenccs applied well 10 imperfect and ipryrms
wars, TO Tepnsa.s and 10 isolated acts Of hostility
I as 10 wars OF the more formal and solemn kind
| FIRST, he says:
"The external iawfIlnsss of what is done in q
war; IN respect Of the members Of civil society eI
tends to public wars Of the imperfect sort, 10 scs OF
/ rcpr'nltior 10 other acts Of hostility" Gc.-Rutb.
F. ERIC To, %. Do, c. 9, S. -.
And again he shyss
AIIf F.nr fH go. a..