Charles Sumner: his complete works, volume 09 (of 20) — John Shaqi
Charles Sumner: his complete works, volume 09 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 09 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
3. While private property of an enemy on land, according to modern
practice, is exempt from seizure simply as private property, yet
it is exposed to seizure in certain specified cases. Indeed, it is
more correct to say, with the excellent Manning, that it “is still
considered as liable to seizure,” under circumstances constituting in
themselves a necessity, of which the conqueror is judge.[27] It need
not be added that this extraordinary power must be so used as not to
assume the character of spoliation. It must have an object essential to
the conduct of the war. But, with such object, it cannot be questioned.
The obvious reason for exemption is, that a private individual is not
personally responsible, as the government or prince. _But every rebel
is personally responsible._
4. Private property of an enemy on land may be taken as a penalty for
the illegal acts of individuals, or of the community to which they
belong. The exercise of this right is vindicated only by peculiar
circumstances; but it is clearly among the recognized agencies of war,
and it is easy to imagine that at times it may be important, especially
in dealing with a dishonest rebellion.
5. Private property of an enemy on land may be taken for contributions
to support the war. This has been done in times past on a large scale.
Napoleon adopted the rule that war should support itself. Upon the
invasion of Mexico by the armies of the United States, in 1846, the
commanding generals were at first instructed to abstain from taking
private property without purchase at a fair price; but subsequent
instructions were of a severer character. It was declared by Mr.
Marcy, at the time Secretary of War, that an invading army had the
unquestionable right to draw supplies from the enemy without paying for
them, and to require contributions for its support, and to make the
enemy feel the weight of the war.[28] Such contributions are sometimes
called “requisitions,” and a German writer on the Law of Nations says
that it was Washington who “invented the expression and the thing.”[29]
Possibly the expression; but the thing is as old as war.
6. Private property of an enemy on land may be taken on the field of
battle, in operations of siege, or the storming of a place refusing
to capitulate. This passes under the offensive name of “booty” or
“loot.” In the late capture of the imperial palace of Pekin by the
allied forces of France and England, this right was illustrated by the
surrender of its contents, including silks, porcelain, and furniture,
to the lawless cupidity of an excited soldiery.
Public-domain text, read in full here on John Shaqi.
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