Authors, American -- 19th century -- Biography; Leland, Charles Godfrey, 1824-1903
This is, I believe, pretty accurately what I said. That evening, as I
was sitting with General Whipple, he amazed me by addressing me exactly
as Mr. Harrison had done in the morning.
"I say, Leland, you're a lawyer, and I want your advice. There are six
warehouses here, and I want them badly for military stores. But Horace
Harrison says that I can't have them, because he holds them for the
United States. What am I to do?"
"General Whipple," I replied, "is this town under military occupation in
time of war, or is it not?"
"Most decidedly it is."
"So I should think from the way your patrols bother me. And if such is
the case, all things must yield to military wants. Where we have no
legal principles or courts to decide, we must fall back on legal axioms.
And here the law is clear and explicit, for it says, _Inter arma leges
silent_--the laws are suspended in warfare."
"A magnificent saying!" exclaimed the General admiringly. "Ah! you ought
to be in the Supreme Court." And seizing a pen he wrote to the State
Attorney:--
"SIR: This town, being but recently captured from the enemies of the
United States, is, of course, under military occupation, which renders
absolutely necessary for military purpose many temporary seizures and
uses, such as that of the six warehouses referred to in our late
correspondence. As regards legal precedent and principle, I need not
remind one of your learning that--(I say, Leland, how do you spell
that Latin?--_I-n-t-e-r_--yes, I've got it)--_Inter arma silent
leges_."
Public-domain text, read in full here on John Shaqi.
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