Afterward, in the National Assembly of France, when that great country began to throb with republican life, this instance of submission to law was mentioned with pride.[17] But though it cannot lose its place in history, it cannot furnish a precedent of International Law. Besides being without any exigency of defence, the trespass was within our own jurisdiction, in which respect it differed precisely from the case on which we are to vote. I adduce it now because it serves to illustrate vividly the line of law. 2. Another instance, which I mention in order to put it aside, is _where an army in a hostile country has carefully paid for all its supplies_. Such conduct is exceptional. The general rule was expressed by Mr. Marcy, during our war with Mexico, when he said that “an invading army has the unquestionable right to draw its supplies from the enemy without paying for them, and to require contributions for its support,” that “the enemy may be made to feel the weight of the war.”[18] But General Halleck, after quoting these words, says that “the resort to forced contributions for the support of our armies in a country like Mexico, under the particular circumstances of the war, would have been at least impolitic, if not unjust; and the American generals very properly declined to adopt, except to a very limited extent, the mode indicated.”[19] According to this learned authority, it was a question of policy rather than of law. The most remarkable instance of forbearance, under this head, was that of the Duke of Wellington, as he entered France with his victorious troops, fresh from the fields of Spain. He was peremptory that nothing should be taken without compensation. His order on this occasion will be found at length in Colonel Gurwood’s collection of his “Dispatches.”[20] His habit was to give receipts for supplies, and ready money was paid in the camp. The British historian dwells with pride on the conduct of the commander, and records the astonishment with which it was regarded by both soldiers and peasantry, who found it so utterly at variance with the system by which the Spaniards had suffered and the French had profited during the Peninsular campaigns.[21] The conduct of the Duke of Wellington cannot be too highly prized. It was more than a victory. I have always regarded it as the _high-water mark_ of civilized war, so far as war can be civilized. But I am obliged to add, on this occasion, that it was politic also. In thus softening the rigors of war, he smoothed the way for his conquering army. In a dispatch to one of his generals, written in the spirit of the order, he says, in very expressive language: “If we were five times stronger than we are, we could not venture to enter France, if we cannot prevent our soldiers from plundering.”[22] It was in a refined policy that this important order had its origin. Regarding it as a generous example for other commanders, and offering