Martyria; or, Andersonville PrisonHamlin, Augustus C. (Augustus Choate)
History
Martyria; or, Andersonville Prison
Hamlin, Augustus C. (Augustus Choate)
Andersonville Prison; United States -- History -- Civil War, 1861-1865 -- Prisoners and prisons
"As God," says Blackstone, "when he created matter, and endowed it with a
principle of mobility, established certain rules for the perpetual
direction of that motion, so when he created man, and endued him with free
will to conduct himself in all parts of life, he laid down certain
immutable laws of human nature whereby that free will is in some degree
regulated and restrained, and gave him also the faculty of reason to
discover the purport of those laws."
This law of nature being coeval with mankind, and dictated by God
himself, is of course superior in obligation to any other. It is binding
all over the globe, in all countries and at all times: no human laws are
of any validity if contrary to this; and such of them as are valid, derive
all their force and all their authority, mediately or immediately, from
this original.
Human laws originate in the wisdom of man, and are designed to regulate
their behavior to one another, and are enforced by human authority and
worldly sanctions.
The fear of punishment and revenge are not strong enough to control the
lusts and passions of men.
The true idea and comprehension of the majesty and mercy of the law is
infused by the spirit of philosophy.
IV.
"The existence of states," says Montesquieu, "is like that of man, and the
first have the right to make war for their proper preservation; the latter
have the right to kill in the case of natural defence. In the case of
natural defence I have the right to kill, since my life is my own, as the
life of him who attacks me belongs to himself. * * * From the right of war
follows that of conquest, which is the consequence: it ought then to
follow the spirit. * * * It is clear when the conquest is made, the
conqueror has no longer the right to kill, since he is no longer in the
position of natural defence, or for his proper preservation.
"That which has made them think thus (right to kill), is that they have
believed that the conqueror had the right to destroy society, whence they
have concluded that they had that to destroy the men who composed it,
which is a false consequence extracted from a false principle. Because the
society should perish, it does not follow that the men who form it ought
also to perish. Society is a union of men, and not men: the citizen can
perish and the man remain. From the right to kill in conquest, politics
have derived the right to enslave; but the consequence is as badly founded
as the principle."
There are certain rules that arise from the principle of
self-preservation, and form what Wolff calls "the voluntary law of
nations." "Hence it follows that all nations have a right to repel by
force what openly violates the law of the society which nature has
established among them, or that directly attacks the welfare and safety of
that society. At the same time care must be taken not to extend this law
to the prejudice of the liberty of nations."
V.
Public-domain text, read in full here on John Shaqi.
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