The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-03-24

furnsnsd tnso On IN
slroyed the and the women, and the little OF
| n.y. Guy we left none TO remain.
uespoiled the cities which took"
In the progress of time, however better sentiments
prevailed and humanity endeavored check il the
progress OF conqueng armies least the evils that fol-
lowed IN their tram, by laying down rules for assuagng
the caamlties OF war These conventional rules estab
lished by the general of civilized nations
now constitute that part of the law of nations applicable
TO TINS subject 10 be sure they liable to be violated
and when not violated to be narrowed in their operations
by controlling circumstances; but their general obligation
OF the present family of nations calls question
repeat, what may army do in a hostile country
1t may do anything proper to promote the objects it has
IN view, which not prohibited by It's government,
or by the laws of nations II goes forth to battle and to
conquest Its effort is to subdue the enemy by all the ag
gressive means i can exercise. To njure him, when.
how and where it subject only to the limitation
have laid down, in order to compel him to accept the
terms OF peace prescribed by It's government.
But in the practical exeron of these powers.
met m line by suggestion of the honorable Senator
from South Carolina, Mr. CALHOUN, that it is the con-
the soveeign and the sovereign in the United States is
the people, who alone exercise these high attributes,
Or at any rate, some of them 1t may be remarked how
ever that they do not belong to the conqueror SUCH
but to the enemy; whether invading army advan
cling or rereang, victorious defeated its rights
still the same, and belong as long as the last band
composing IT remains in arms upon hostile territory But
let that pass The also says that the people in
this country is the sovereign shall take issue with
IL,
tent 1t is of the first lessons learn after leaving
the cradle il is broad in its operation this broad
land and the sentiment itself is probably of the last
we abandon in life But, sir, what then The senator
will not require the sovereign people of the United States
to exercise all their rights, either of peace per-
SON. This is done, and must be done, by their agents,
roled by the laws they choose to establish And If our
sovereign may not exercise all the just powers OF war;
by our military officers which European sovereign may
exercise, in person by proxy, follows that countries
with monarchica forms OF government have important
rights of independence which do not belong to US
1910 GEO. ANY such @ and from any
platform OF national equality, and will not yield the
smallest particle of rights to foreign preensions royal
or imperial
Well, sir our army commences its operations It may
the whole hostile country, doing all those deeds
of distress and death which must do to great extent
to accomplish the objects of its destination. Whence does
derive the right to do all this let ask the senator
from South Carolina Not from the constitution and the
laws, except from the general powers have quoted re-
atng to war; Tor there is not single specific grant in
whole code looking to such state of things
Let him. any else put his finger upon that clause
Of our which authorizes an American sol,
dler to kill Mexlcan to burn house, or to seize and
hold city, to do the thousand and acts Of vo-
ence which 60 to make up the condition of war; Well
Them even without specific powers from sovereign
our army may do these Deeds simply because war
exists, and they its proper incidents. No other
grant is necessary. Our sovereign says to our armed
honor and interest OF your country. Now, having
shown what an army does and may DO. may call
upon the honorable senator to show what it may not
do, within the limitations have laid down. He will
acknowledge it may kill Mexican, not because is ex
pressy authorized TO do by law but because that act
proper in its operations. and allowed by the general
laws OF warfare The right to levy supplies whether OF
money of provisions, OF forage, of clothing, OF the
of transportation, and of other objects not neces
sary to be enumerated belongs to the state OF war; No
one will deny that fact 1t accompanied the first and last
army that entered the battle field, and will accom-.
pany every that may hereafter follow in the same
In Europe it has been common in later years to
ubsst and support armies in the enemys country; and
there have been cases, and believe not few of them.
where they have sent home to the national treasury large
sums collected during their progress The allies on the
downfall of Napoleon, levied upon France contribution
OF 500. 100000 of francs Whenever European army
enters an enemvs country, it calls upon the munclpal
authorities of each city and town to contribute such
supplies in kind and such amount OF money as chooses
to demand under the penalty of military execution.
That threat, believe, has yet failed. No one
calls in question the right of our troops to take supplies
kind an incident 10 war. Let those. who maintain
the distinction. either in principle OF practice between
supplies kind and in cash. show it, and show where is
the power to demand the AMI not the other
Why sir the Of the senator from South Carolina
conceive to be his He seems to think that an express
grant of power from the sovereign OF the country is ne
cessary the exercise of of the rights of war 1t
to some, they to all for the most acute mind can
draw no line between them mean between those usuf
ally exercised in legitimate warfare AS to the power OF
the sovereign restrain the of these means OF car
rying war, or to prohibit them entirely, there can
be doubt Congress- the legislative agents OF our SOW
eregn may at any time establish entire code for the
conduct of armies hostile countries and may restrict
their powers within the narrOwest limits The question:
however, is what Congress may do, but what has
done, 1t has yet done nothing of the kind and our
troops are free to the good of the country may
require, and the incidents belonging to state OF war
tary permit The exercise of these powers is, OF course
vested in the commanding officer unless directed OF re-
strained by superior authority at home Inc fresdentls
the constitutional commander ana Wnether pres
ent or absent may direct the operations OF our armies
and prescribe the mode of conduct they shall adopt he
has done SO in the present case.
see no difference, sir in the application OF the general
nj m
enforced; whether is levied by the agency OF our
own officers or of Mexican officers the power is the
same and whether upon municipal authorizes, upon
classes, or upon individuals The farer and the more
equal is the mode the less is the injury and the greater
the satisfaction And an American army, of all other
armies should seek to attain its object with the least DIS
tress The contribution is assessment, and all must
pay il who subject to the rules OF war And II Is the
nature and the of the thing, which determines
its true quality Call it as you peaseax duty impost
supply, contribution, what no-lt is focloe aemano
of private means, made by army IN an enemy couh
try, of such nature and amount as the c0mnauer o e
army may directrendered more Acceptable III the present
instance by being levied and collected IN conformity WIN
the Mexican laws, and thus ACCOMMODATING ltselI, as
Tar as possible, to Mexican usages mere never was
better form of contribution than that when we nave
adoped-one more equal In s opeauoh' VI 1888 opPies
sive in its administration
TThe following authorities in support ana iustraton
NJ these pOsitons on the subject OF contribution IN
an enemys country are here introduced; because the
doctrine itself is called in question, as one not laid
down in the laws of nations sanctioned by the prac-
tee of nations the extent here advanced and to that
authorized by our government in Mexico distinction
The power to levy one and not the other, which is here
abo IN he without foundation: