Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1862-02-19


-. RI -
Thn $50 bls - dsssssaa-
sas 1919 Il LIED Ia n powsr.
a iissl Glass n IRlke1a 60 Il ear
ufal terms thai the pawss 70 make var
implies . power 70 oyeszide Classification
and law. That sha existence Ut war
plases In The haads &C milisasy leaders
ina p0MeT 10 do b. proelamasisa whas
the whole aovernmsnt could not do Ia
sires q wasa By ssstut4S sHeatEsaess.
ne aincdlsy perhaps arises from not
<iin&ingxi1 hieg sisnEay beswsen fbrsikn
war apd domestic Of clYil wax.
IN q foreign war, nssaou fha} haa In
yadad she tefritory of its saeuy, and oo-
eslpied any portion OF IL, assuEaes as ones
the government Of the conquered soil
during the period of occupancy. The
invaders carry with than new power,
cvsrshsowing AL police regulations, and
oveEsuruing aIl the erdinaxy principlss
which govern the people. SO far IL may
bas i y customary 70 psrmit courts 70
continue their sessions and principles Of
common and statute faw 70 be adminis-
tered as Ysgards ne relasioas Of alissas
10 0as aaolhsY, a. IL the original gny-
erzasnens remained ansiissarbed. The rals
OF Law for sonssyuing contracts aud Ha-
bilities created daring such simes, 10 In
general that the Law OF the conquered
naslon Is nos changed till che eonqasrors
give il new iaws.
Bus the military commandsr Of the In
vading forces haa, 10 sash case, an abb
ssiute power, In the exercise Of which be
10 In no respect responsible TO the psople
or the Lawn Of the invaded eounssy. II
he chooses 20 order out the citizens, 10
destroy their properly, 70 bang them BY
scores OF shoasaassis, hs Ia Rnswsgable
only 70 bis own superior, in hia own
country, for his eoadnes - . snldisr. b.
ID 10 fact conquaror, and the conquered
are at bic mercy. he rnay saapand all
their rights, abolish Rll their inamunitias,
and destroy all lheir wealth. Bas the in
slant be retires from the sell, the ancisns
Laws resane their sway, and 20 aes, edict,
or principle OF property or personal
rights, thai be has established, will sur
FAFG &0N tssSA&A&sh SBG SEkA1EAAEAS IN AAE
power which upheld thezn.
IL 10 very easy In sanh . ease 30 aRdsrs
stand what 10 the war power. Il is the
power which might gives. ID IL answer
able 70 no law, and Is solely dependent
on the military force and the win Of she
leader. This power may give eitjes 10 BE-
sacked, may make its motto s'haaty sasl
k.sa..s, - vxe..w, p~.ka aIa.zaz &g .xs9tz.xs a.
eitizeas Of slaEes. 1t may proclaim free.
dom 70 the seEfs OF the servants, or it maj
yoke the massers and sheiF wives adj
children 70 drag stone and wood, n1dra
the lsshs and it may terrify than By de-
crees Of perpetual slavery. All shis ia.
has been doHe often. Not that il il
right, fer sfthe war power 10 = foreign
EnVasiaR knows no such words - right q
wrongs Is Is oaIy sst will iE," on shs
lips u the commander, and be il aaswaE.
sble only to hia superiors d home, nos 70
any lag at the Invaded country, then o.
in The future, and In general be- ID guides
only by what the world makes the dis.
sincsioa between ciFilisasion and baSbax'
Ian. ....s i
The reason, at the bottom of all this
is plaia. Statute add local Law Ii thl
creature OF she nation. The invaders be-
ing conqugror, ID not subject "a is, Tbs
general IN farsiga eoaatEy ag the heaG
Of bis victorious legioass . not sGbiec
of the provinces ha congaers, nor beans
by their lava IN aay Of hia eonducs, 81
carries bis law WITH blsa and sakes j
away vita him, and since il b not writ.
tsn sxssps ia his own iastruesions from
his masters, il is bat his will, snhiscs, il
Late years, 20 SONS few adopted principle.
of the law Of natioRs.
Bat even al this military lew, Or wal
power, lapses at once u his departure
Property reverts 10 Its owners, slaves re,
sura to bonaAgs, aad masters resame theil
authority.
IL hardly needs to be stated thai mons
of this is true In aiVii war, and that nt
sueh 'swss poser exists in nilitar,
leader in bis own country. For no law
are suspended, except - their operation,
are temporarily hindsrsd by the accidents
Of the tunes. The King, or. the Presi'
deaf, remains always the representative
of established law no principles OF prop
erty rights are suspended, or can be, in.
asauah - she military leader himself re-
saaina o sahjecs Of she laws Of the land,
and aaswerable to them as well as to hir
military superiors for sill that be does.--
Civil wars in modern times haye beea, In
general, attempts as insurrscsioa and rev.
0lakioa, opposed By the arm Of the gov
srnmcns, welding its military power
IA in our own case, the enemy of the na-
tea 10 act q foreign power, aud the war
Is not carried uu in territory subject ia
foreign laws The principle on which
the government fights ID that iss lava are
paramount, that every inch of territory
that IL rPgains is NJ Gnee restored 70 the
protection Of the Law that the forces oil
the Government aEe actually engaged Ia
bringing rebels and traitors 90 the ODE.
disnos ID. tbs Law, and, II necessary, &c
trial and punishment. Ii thief resistG
village conssabls, b. does it al the pen.
atty ID broken bead, II busglar turn
on polise ulaoex aad aegead himself, he
may expect pistol bali ~ the messenger
OF the law. ANY man who reaists Ehs
warrant ef the Law, il liable 70 meet vio-
IeRoe, eyea 20 death, on the sput, accord.
ing ia the measure u bis resistance. -
This 10 also the theory Ut domestic war q
suppress insarrecfi0n Anei revolution. Il
waa always SO treated IN England, and il
so regarded in all civilized nations. tn.
aston is engaged Ia arseaslng traitors
and sabjecfaug taeTn 70 the power of The
uoverauaent. II captured Ia battle, they
ase aos liable TO be bang or she's 90 shss
spot. Why? Besause they are suLjscI
20 tAs law o. the land, and the instanl
they are captured the sabieesion Of The
captive Il cornplese, aud ~ far ~ be il
esacaraed, the inanrrecsion II suppressed
By bis arrest. he then becomes tie mi.
aoner of the Law, subject 70 trial ind
condemnation BY the law. La ali civil
ised nations, rebels, oapsused ia bassla.