Winchester journal. [volume] (Winchester, Indiana) 1862-1863, 1863-10-02
DEFENSIVE AND OFFENSIVE

WAR.
The life ofgoyernmentsis like that
ofman. The latter has a right 10
Kill in case of natural defense; the
former have a rightlO wage war for
their own preservation. In the
case of natural defense | have :
right 10 Kill, Leoause my lie is, IN
respect to me, what the life of my
antagonist is to him. In the same
manner, state wages war because
its preservation is like that Of anv
other being. With individuals the
right of natural defense does not liz
ply a necessity OF attacking. In
.iead OF attacking they need only
have recourse to proper tribunals.
They cannot therefore exercise
this right OF defense but in sudden
cases. when immediate death would
be the consequence OF waiting for
the assistance OF the law. But with
states the right of natural defense
carries along with ii sometimes the
necessity ef attacking; as for IN
stance, when one nation sees that
a continuance of peace viii enable
another to destroy her, and that TO
attack that nation instantly is the
only way to prevent her own de-
structloH.
From thence it follows that
smaller nations have oitener a right
to declare war than great ones, be-
cause they are oltener in the case
of being afraid of destruction.
The right therefore of war is de-
rived from necessity and strict JUS
tice. fthose who direct the con-
science ofcouncils and ofprinces do
not abide by this maxim, the conse-
quence is dreadful: when they pro-
ceed on arbitrary principles of glo-
rv, convenience, and utility, tor
rents of blood must over spread the
earth.
But above all, let them not plead
such an Idle preteXt as the glory oil
the prince. His glory is nothing
but pride; it is passion, and not
legitimate right. Itistrue the fame
of his power might increase the
strength OF the government; but it
might be equally increased by the
reputation of his justice.
From the right of war comes that
of conquest; which is oltentimes the
natural consequence of that right,
and ought therefore to follow its
spirit. The right the conqueror
has over a conquered people is d.
rccted by four sorts of laws; the law
of nature, which makes everything
tend to the preservation of the spe-
cies: the law of natural reason,
which teaches us to do to others
what we would have done TO our
selves; the law that forms political
societies, whose duration is not
limited and in fine, the law deriv-
ed from the nature OF the thing
itself. Conquest is an acquisition,
and carries with it the spirit of
preservation and use, not of de
structlon.
The inhabitants of conquered
country are treated by the conquer
or in one ofthe four following ways
Either he continues to rule them
according to their own laws, and
assumes to himself only the exer-
else of political and civil govern
ment; or he gives them new polit-
ical and civil government; or he de-
stroys and disperses the society; or,
in fine, he exterminates the peo-
pie. There is no such thing as a
rigM of reducing people to slavery,
but when it becomes necessary tor
the preservation OF the conquest.
and not servitude,
is the conquest; tho servitude may
happen sometimes to be necessary
means of preservation. Even In
hat case it is contrary to the ma
ure of things that the slavery
should be perpetual -Nontesquieu's
SPIRIT Of Lars.