The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-01-30

No. 3.-War n Mode OF Establishing Justice.
Thus it appears that we, who fancy ourselves to
be beholders of the meridional spendor Of civili-
zstion, still dwell under the iron shadow Of the
Dark Ages. The only ultimate tribunal to
which, as States, we can appeal is, war-a system
founded upon principles long ago exploded. And
what is war; Various definitions have been
given but every correct one, in the ultimate
analysis, is resolved into this "mar as a mode Of
establishing jnsficen Whether its immediate OBJ
ject be defence, or the redressing Of wrongs, or
the revenging Of insults, or the extension OF COM
merce, or the acquisition of territory, or the OBJ
tanning OF dominion over other nations, the es-
Enlistment Of justice Is the final aim.
IL may be thought superfuous to elaborate
formal proof of the proposition, tha, justice cannot
be established or d,termled by resorting 10 mar and
this view appears the more natural when we con-
slider that all the arguments necessary to prove
the proposition are such as have been successful
ly employed for many centuries by statesmen and
jurists to demonstrate the ineffciency and alb
surdity Of the trial By bo1ie as means Of deter
mining legal issues Yet, perhaps, something
ought to be conceded TO pr,judiee in favor Of a
time. honored institution, even though the latter
may be evidently founded In ong.exploded lie
Like the barbarous customs we have been re-
viewing war has become a thoroughly organized
evil, and statesmen now regard it, as medieval
jurists did the former, in the light Of q primitive
ordinance Of nature. Old age, though contempt
BILE through do.age, nevertheless challenges GER
tain degree Of respect when clothed with power
and II Is always expected that some rcason will
be assigned for disturbing system which has
defed the storm Of centuries, however preposter-
Gus may be its claims upon the modern ages. Let
us then proceed to the argument
Robertson, treating upon the practice OF judi
cial combat observes" Among all the whimsi-
cal and absurd institutions which owe their ex-
stence to the weskness Of human reason, this,
which submitted questions that affected the prop
erty, the reputation, and the lives Of men, to the
determination Of chance, or Of bodily strength and
address, appears TO be the most extravsgant and
preposterousD lie has expressed the judgment
Of oil enlightened moderns. Yet who Is 80 void
Of discernment NJ not to perceive how completely
applicable il the above remark to the interna-
tional trial by battle7 But why 10 1t "extrava-
giant and preposterousD TO submit such questions
to the decision Of q combat Because, in order
that this may be certain method Of discover
ing truth, 1t Is necessary that the Omniscent
Deity always miraculously interpose for the vim
dication OF innocence and the punishment Of in
Justice whereas we are forced TO believe that, for
the wlscst Of reasons, the Supreme Being governs
the world by general iaws prosperity and adver-
sity being not always distributed according to
actual merit and demerit but more generally In
promiscuous manner. Hence, although these
laws work together for the final reward Of virtue
and the punishment Of vice, yet an unjust cause
Is very often attended with present success, and
just one with present defeat. And this 10 truly
said Of nations, as well a. Of individuals. There
fore we Judge that the temporary ascendency Of
one people over another In war, 80 far from being
necessarily q mark Of Divine favor, 10 entirely
consistent with Divine displeasure.
Moreover, IL nations at variance formally ap-
peal to arms 10 expectation that the Supreme Ru.
ier will decide their controversies BY giving VIC
tory to those who hold the right, they are guilty
Of impisty. For It 10 an established principle Of
religious belief that It Ii both absurd and impi-
Gus 10 refer any questions to be decided by the
providence Of God, except such only a. relate
strictly TO uneeroin facts or eoems, which are i'm
portant and proper to DO known-Such, too, as are