Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-10-21
War Under the Constitution.
Speech. of Hon. Winfield Smith, lttorae! Gen
esa!. Delivered al Madison, Oct. 2. is6s.

Fellow CITIZENS: The events daily trans
hiring furnish a sufficient reason for asking
your consideration OF the observations which
| shall offer TO you this evening on the sub
ieet OF 4Harfiaf Lasr In time of peace this
theme IS TOO abstract TO afford interest @ any
but the professional student, and the happy
exemption from wars upon our soit 50 long
enjoyed by this nation, has left Inc SUBJECT
Gttle familiar 70 any Of rs II i Only NOW,
when 3 war which must take one of the most
remarkable places IN history, has actively
ragged over half or territory, ana Is Vet raw
aging whole states and DESTROY ing thousands
OF lives that the laws OF war, their charac-
ter. Obligation. and extent, assume high p0-
sit;on among tie practical questions with
which ot!s government, or army and we. as
citizens have TO deaf I sag We, as citizens
for shall presently show TO you that Il l.g-
ltical party has, within this State, endeavor.
ga 70 excite unreasonable a-aFIu among the
people, and to raise out OF this matter an IS
sue, upon the merits OF which you are special
Is called 20 decide by YOUR votes at the next
election. ! have not thought Of exhaus.iIres
s. great study in the brief review of an
evening, but 4 shau endeayor 10 Illustrate
ana enforce some views in opposition 70 the
erroneous teachings Of this party.
When auv Iaud becomes the theatre Of war.
there Is vested Ia the military authorities &C.
eupyinZ IL, dominion over the territory
held by theur which IS often termed the gov
eminent Of martial iau- Il Supersedes the
civil power u tbs district, or aul- allows il
To exist subject in al things 10 military cen
troll. 1t lays down ami eutgrets arbitrary
rules for the government Of peaceful iuhabi-
tauts Is wei ~ Of those bound 20 military
service and that often without regard 30
their disposition whether hostile or friendly
1t Is for the time an absolute de-potiSm over
the country within its jurisdiction, the sole
.lla being, as we shall hereafter see, the viii
Ut the military commando. Ii Is the law of
force. War Is a struggle Tor success III arms,
and the laws If war allow tire commission OF
acts, not to 5e tolerated otherwise, i essen
Ji4I tD that success. War = an evil so dread
fll, that even humanity permits much iudi-
vIdI5l suffering for the sake OF shortening it,
and thus diminishing the aggregate Of woe,
although 81 some instances i las tempered
tie riEor ct military maxims. 1t was, for In
stance, formerly the custom Co pat to death
prisoners captured IN battle, or II least 10 en-
slave then. They were sometimes placed as
u defense ID front Ct the baccia tl4t they
might be slaughtered by their friends should
these make AVA attack. \ successful siege
was the occasion uf,evefy species u l-rhar-
Gus excess. But these AMI many ether cru
rI1les, sanctioned hT Csc tergllrr gt aE,5 .L-L
warfare are now s5IsegaureHauc-d among civ
illzel Nations Experience has shown, rhat,
oa tl.g ahole they c0uduee little o. nothing
to ! final triumph aud often hinder IT, Re
tal.atfau IL Il READY and eEag-ll4 mode o..
teaching moderation. as Re have lateiy seen,
and Is OF much more avail than mere humaui-
Is. IS = restraint upon tile passions Of com
9,staat-.
t. gal days victory Is sought as vaZarls as
evar st was 8g the ancient Romans. or bv our
ancestors under the PlautaSeueJs- D4rriye-
6 y ..#' g. .-- 3 r.