The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1862-05-15

peuSatlOn uy way vi IOTaSc anu Oy way
of contribution for the support of the
invading or occupying army. But in
neither case does the rule, or rather
usage, amount to positive obligation
nor has it been recognized as custom
so universally binding as to be consid
cred in the strict sense law OF war
1t is in both the cases but subject to
that higher and universal rule, growing
out of the natural right of self-defense
that the conqneror may justly take in
demnity for the pas: and security fol
the future. Vattel says:
"I'he conqueror's every right spring.
from the just defense of himself, which
comprehends the maintenance aud pur
suit of his rights. When, therefore
he has entirely vanquished hostile
nation, he may, without doubt, firstly
do himself justice respecting that
which has occasioned the war, and pay
himself the damage it has caused him.
He may, according to the exigency OF
the case, impose penalties npon the ma
ton; and may even, if prudence
obliges him, put the nation out of a
condition to harm him so easily in fn
ture. But to reach all these ends, he
should prefer those means which are
the mildest, remembering that the law
of nature does not permit US TO do i'll
to an enemy except precisely so far as
necessary for just defense and n rea.
sonablc security for the future. - Vat.
tel, lib. 8, ch. Is, sec. 2Ol.
And the rule of sparing the private
property of the enemy will he found
subject to an analogous and further ex
ception, that its statute and title re.
main under the old law SO long as the
victorious party pleases, and no longer
If he is wise, and if his adversary is in.
spired with magnanimity and good
faith, no doubt clemency is most po.
tent means of restoring lasting friend
ship and no one can help admirine
the beautiful illustration of the princi
pie cited by my learned friend from
California, (Mr. McDougall,) in the
case of the ambassador sent by the
Priverna,es to the Roman Senate. In
troduced to that august and stern body
of men, and being asked by the coun
sci what dependence could be placed
upon the peace which he asked of them
if they should grant him clemcncy, The
envoy replied: 6" If you grant it us on
reasonable conditions, it will be lasting
and solid; if not, it will not last long
And the learned writer who cites The
beautiful example, with heart over
flowing with philanthropy and that love
of justice and generosity for which he
is so famous, exclaims to every con
queror, "with fidelity, what succor
can you expect from All oppressed peo
pie? Would you that your conquest.
should truly augment your strength
that they should be attached to you
treat them like father"
As between independent nations en-
gagged in war which has humbled on
and given victory to the other, surel,
the practice of clemency is, i'll the esti
nation of the generous heart, a brighte
glory than victory itself; for he tha
ruleth his own spirit is greater than h
that taketh city. Bnt what, let m
ask my honorable friend, what plac
has this principle of clemency in ,h
case in hand? What greater clemenc,
can be shown our now maddened an,
revolted country men than the restora
tion among them of our mild Constitu
ton, our equal aud bencfcent laws
What more reasonable conditions ca
we offer them than TO throw down til
blood-stained arms of this rebellion
to fling away the sword that has a
ready drunk the blood Of so many he
roic defenders of this sacred instrr
ment; to dismiss to their homes tn
deluded multitude whom their unha
lowed ambition and cunning and era
have melted to take up arms; to max
reparation for the wrongs they hav
committed renew their allegiance t
the Government of their fathers al
nul their DEGREES of rebellion ; reorgar
ize their loyal governments, and b
again with us and of us? Let me te
you, sir, that clemency other than thi
is unworthy Of us; clemency NOR
tender than this is weakness clemenc
that demands less than this is coward
ice; and clemency that does not insi'
} upon at least all this is faithless to fire
government and the hopes of the worle
Now, sir, / know of no distinctio
between national wars and civil war
as to the right of seizing and confsca
ing property. The foundation of til
principle rests in self-defense and I'll
prosecution of ones just rights by wa
If this be, as it doubtless is, the col
+ stitntional source of the power in que
ton. the discussion of the point nee
proceed no further. That the STATE
once had it have abundantly show
, both from their statutes-which, by II
way, were passed upon the recommen'
alton of the Congress of the old Co
federation-by the solemn jndgmen
of the Supreme Court, by the practi'
of other Independent nations, and |
: the writers on public law.
The power has, by the Constitution
been expressly taken away from ii
, States. 1t declares that no State shf
e without the consent of Congress ket
! troops or ships of war in the time
D peace, enter into any treaty, alleglanc
= or confederation, or any agreement
n compact with another State, or with
foreign Power, nor engage an war, u
less actually invaded. or in such Ell
# nent danger as will not admit of della
It Here all power to carry on war, e