The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1861-07-24
FVI u" u y" NJ NNHt' nv
The War Power

1t is almost half a century since any consider.
able hostile force has been seen within the hor-
ders Of the United States and it is not surpri.
sing that the present generation has grown to
maturity without realizing many OF the mOmen-
tOus consequences of a state Of war. One OF
the most important of these, a, one of the most
startling to novice in mill ary affairs, is she
War Power which invariably grows out of \
state of armed conf CT between nations, or por.
tons Of the same nation. As il is usually inter.
preted. the supreme power of a nation may do,
in cases of necessity, whatever may be necessary
TO preserve its ational existence: and in a small.
Ter sphere, general commanding its forces may
proclaim martial law in any locality, and there BY
suspend the operation of every other law, and
substi'ute his own will as the supreme power.
By thus setting aside the common and statute
laws, which the people have been accustomed to
revere from their infancy, he is able to invade
all the rights Of property and persons.
This has been the usage OF all nations in time
Of war. and is called for by the necessities Of in
ternational CO. fcts. The LAWYERS ackbow ledge
the supremacy Of military power in the use OF
their maxim-inter anna ieges siient-,he laws
are voceless amid the din of arms. The Romans
had a way Of appointing Dictators who were in
vested with all the civil and military power Of
the nation during any great emergency aud
resigned when the crisis vas over. But, among
modern nations. the theory lie, that so far as the
whole nation is concerned, the War Power is
vested in the national legislature, while each
general, commanding in particular district Of
country. has, or ma, assume the right of sus.
district. THIS he may do. not only in hostile
region; but among Ii. own countrymeu, or liz
his native town.
The reason why the War Power mus, neces-
sarily be without limits in all cases where nation
al existence is involved, is evident from the IA.
ture of the case. Where there is 20 be decis
ion Of quarrel by pure physical strength, each
party is bound to Go all il Can for its own benefit,
and also to DO all possible injury, in the legiti.
mate modes Of warfare, TO lite opponents. Thus,
in the case of individuals two neighbors vii.
buy and sell. borrow and lend, sesIl accounts
And paw interest, according TO mutual agree
ments: but when this affair can no longer be
settled in this way, but resort has been taken
to arms an appeal to bargains and agreement.
would be absurd. When preparing to embrace
each other in death stru gle, each needs to &C
cumulste for himself every possible advantage
for the time of negotiation has ended; and one
or the other must surrender. or die.
This War Power is 90 extensive and danger.
Gus that nation could ever preseve any con.
siderable degree Of liberty if il were always in
VOWED in war. Military power i, necessarily
one man power; and the man who commands
all the organized force of nation, can do what
ever he plea.es. What he ~iH do, i. determined
By various considerations.
A remark able instance Of the use Of this War
Power vas the establishment: of martial Law in
New Orleans, in lsl4, by General Jackson. All
rights Of property aud person. SO far IS they in
erfered With the v,ll Of the General, disappear