The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-07-14

,triumphant democracy less exposed to the
foundations of a sscruel and arbitrary disnosi.
ton than anv other depositarv 81 abeolute
power. Let them. too. then listen TO the
warnings of the great publicists II,
ttI,et IA proceed. " says Yattel " more sober.
". and reason from the Uncomfortable princinles
above laid down. In order clearlv to discover
what conduct the sovereign ought to pursue
towards reyolted subjects. We must. In the first
place. recollect that all. the. soyereipn's RIGHTS
are derived from those of the stete or of civil
society. from the trust reposed in him. from
the Obligations he lies under Of watching over
tie welfare of the nation, of procuring her
greatest happiness, of maintaining order. jus
tice and peace within her boundaries" -.
HAVING thus 'profoundlv indicated the time
conditions of the INQUIRY. Vattel proceeds I'd
discuss the character of rebellion or insurrec-
don. He contrssts the wise clemency of Hen
rv.IV with the suicidal barbaritv of the Duke
of Alya. He then continues to discuss the ma
ture OF civil war:
! aWhen a party is formed in 4 State who no
longer obey the sovereign. and are possessed
Of snficient strength to oppose him-or when
in a republic the nation ia divided into two op-
bosite factions. and both sides take up arms.
this is called O civil war. Some writers con-
fine this term to inst Instruction of the sub.
iects aoainst their SOVEREIGN. 4 10 distinguish
that lawfnl resistance from Rebellion. which il
An omen and unjust resistance, But what an.
relation will they Give war which arises In
4 republic torn .by two factions. or IL, mon.
arehv between two competitors for the crown?
Custom appropriates the term of civil war to
every war between the members of one and
the same political society. If it be between
mart of the citizens on one side and the soyer.
e;on with those who continue in obedience To
him an the other. provided the malcontents
have any reason for taking ND arms. nothing
fi1rther IL reouired TO entitle such distnrbance
tn the name IF civil war and not that of re.
bellion. This latter term is applied only 10
snch an insurrection AGAINST lawful anthority
AZ is void of ain appearance of Justice. The
sovereion. indeed. never fails to bestow the
annellation of srebels on ali such of his sinh.
iects "a nnenIv res;st him hnt when the latte,
have acnnired anfficient, strength 10 Give him
effectna1 opnosition. and to oblige him To carry
IN the war AGAINST them according tn the "a.
fahiished rnles. he must necessarily submit 10
the nae IF the Term civil war,
government. or at least susnends their force
And effect 1t produces in the nation two indie.
nendent rarties who Consider each other or
enemies and acknowledoe ro common indoe
Those two narties therefore mnst necessar;,r
he considered thenceforward M consf;tnt;nC
at gleastI for a time. two distinct Societies
Thoneh one of the parties NAV have been N
blame in hraak lnO the unity Of the state and
Wrestling the Iawfl,l anthoritv they are not the
less divided in fact. Besides who shali indoe
them Who shali nronAnnce On which s;5e
the right or the wrong liesp On earth thew
have no common superior. They stand, there
fore, in precisely the same predicament as two
nations who engage in contest, and, being
unable to come to agreement, have recourse to
arms. This being the case, it Is very evident
that the common laws of war-those maxims
of humanity, moderation and honor which we
have already detailed in the course of this
wOrk-Ought to be observed by both parties
in every civil war. For the same reasons
which render the observance of those maxims
matter of obligation between state and state,
it becomes equally and even more necessary in
the unhappy circumstances OF two incensed
parties lacsrating their common country.
Should the sovereign conceive he has the right
to hang up his prisoners as rebels, the oppo-
site party Will make reprisals; if he does not
religiously observe the capitulations and all
other conventions made with bis enemies,
they will no longer rely on his word. Should
ne ourn ana ravage, tney VIII follow his ex.
ample. Inc war WIZ become cruel, horrible,
and every cay more destructive to the nation.
whenever, therefore, numerous BODY OF men