The National tribune., 1906-06-21

suppress all unnecessary violence in the
taking of towns, for acts of rigor can
never be carried to an extreme without
Involving great numbers of the inno-
cent in ruin, and practices of that kind,
beside being in no way conductive to
the termination of war, are totally re-
pugnant to every principle of Chris
tianity and justice" (Gr0tius. B. III,
Chap. IL, Sec. s.
Women, children. feeble old men and
sick persons come under the descrip-
ton of enemies; and we have certain
rights over them. inasmuch as they be-
long to the Nation with whom we are
at war, and as between Nation and Ma
ton all rights and pretensions affect
the body of society, together with all
its members. But these are enemies
who make no resistance, and conse-
quently. We have no right to maltreat
their persons or use any violence
against them. This is so plain
a maxim of justice and humanity that
at present every Nation. in the least de-
gree civilized, acquiesces in it"
(Vattel, B. III, Chap. s, Sec. 145.)
Since women and children are sub
5ects of the State and members of the
Nation, they are to be ranked in the
class of enemies. But it does not thence
follow that we are justifiable in treating
them like men who bear arms or are
tdpdbAt Va btttl lAiS LIlSuls tNdbltl,
III. Chap. 5. Sec. 72.)
AT present war is carried on by reg
nlar troops; the people, the peasants the
citizens, take no part in il, and gener-
ally have nothing 10 fear from the
sword of the enemy. Provided the in
habitants submit to him who is master
of the country, pay the contributions
imposed and refrain from all hostiiities
they live in as perfect safety as IL they
we're friends; they continue in posses
zion of what belongs to them; the coun
try people come freely to the camp to
sell their provisions. and are protected
as far as possible from the calamities
of war. tVattel. p. III. Chap. s. Sec.
i47. Incorporated by Halleck, Law of
War. Chap. IS. Sec. 81
since the object Of just war is TO
repress injustice and violence and forci
bly, to compel him who is deaf to the
voice Of justice. we have right to put
in practice against the enemy every
measure that is necessary in order to
weaken him and disable him from re-
sisting US and supporting his injustice;
and we NAV choose such methods as are
the most efficacious and best calculated
to attain the end in view, provided they
be not of an odious kind. nor unjustifi-
able I'm themselves, and prohibited by
the laws of nature" (Vaitel b. III,
Chap. s. Sec. 1889
THE lawfulness of the end does not
give real right TO anything further
than barely the means necessary to the
attainment of that end. Whatever we
do beyond that is reprobated by the
law of nature. is faulty and condemn
able at the tribunal of conscience.
Hence it is that the right Ia such, or
such acts of hostility, varies according
TO circumstances. What is Just and per-
fectly innocent in war in one particular
situation is not always so on other oc-
casions. Right goes hand in hand with
necessity and the exigencies of the case.
but never exceeds them" tVattel. b.
III, Chap. S. Sec. 1870
"AIl these classes (old men women
and children. the clergy, ralgis trates,
and other civil officers). which by gen.
eral usage or the municipa taws of the
belligerent State. are exempt from mill
tary duty. are not subject to the genera
rights OF a beliigerent over the enemy's
person. To these are added, by modern
usage, all persons who are not organ
lied or called into military service.
though capable of its duties. but VIII
are left to pursue their usual pacific
svocations. All these are regarded as
non-combatants." tHalleck Laws of
War, Chap. 10. Sec. %
Was sherman justified.
Gen. Sherman admits in his Memoir
that he burned stores and dwellings:
that "the heart of the city was In flames
all night that he telegraphed to Gran.
he had made a wreck of Atlanta"
(Sherman's Memoirs. Vol. ii, page 15D,
which he afterwards termed "the ruined
city" The following quotations will
show whether or not he was justified in
this destruction Of property: