The Southern Literary Messenger, Vol. I., No. 6, February, 1835Various
History
The Southern Literary Messenger, Vol. I., No. 6, February, 1835
Various
American literature -- 19th century -- Periodicals
But, says the
Annotator, it does not settle the question. Perhaps not; nor does
Blackstone say that it does; but it settles the argument of Justinian;
and that is all that, considered as an answer, it was intended, or
could be fairly required, to do.
But why does it not even settle the question? Why, because, says the
Annotator, the conqueror has a right to dispose of his captive in such
a manner as to protect himself from his future hostility; and if he may
not kill, it does not follow that he may not enslave, or transport him,
provided it is necessary for his own security, to dispose of him in
that way. Very true; but this is new matter, which demands perhaps a
new answer; but does not at all invalidate the former answer to the
former argument. And with regard to this new matter too, Blackstone
has, in my opinion, very fairly answered it in advance by what he
immediately adds, but what the Annotator, (inadvertently no doubt,) has
kept back. Thus he adds: "War is itself justifiable only on principles
of self-preservation, and, therefore, it gives no other right over
prisoners, but merely to disable them from doing harm to us, _by
confining their persons_; much less can it give a right to kill,
torture, abuse, plunder, _or even to enslave_, an enemy, _when the war
is over_." To expand this sentence a little. You may, says Blackstone,
by the laws of war, put your enemy _hors de combat_; but you must do
it, by the law of humanity, which is a prior and perpetual part of the
same law of nature, with as little suffering to him as possible,
consistently with your own safety. You may then, I grant you, take him
prisoner, and "_confine his person_," that is, if you cannot venture to
discharge him on his parole; but "_only while the war lasts_;" for the
very foundation of your right to confine him grows out of the war, and
vanishes, of course, with the return of peace.
Public-domain text, read in full here on John Shaqi.
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