4. Punishment of the enemy.[57]

And in order to arrive at these results, the Rights of War are ours,

to be employed in our discretion. Nor is it to be forgotten that these

rights are without any of those limitations which modern times have

adopted with regard to the private property of enemies in international

war, and that, on reason and principle, which are the foundations of

all Public Law, _every rebel who voluntarily becomes an enemy is as

completely responsible in all his property, whether real or personal,

as a hostile Government or Prince_, whose responsibility to this extent

is unquestioned.

Such in detail is the object that is all contained in the idea of

peace. In this work it is needless to say there is no place for any

sentiment of hate or any suggestion of vengeance. There can be no

exaction and no punishment beyond the necessity of the case,--nothing

harsh, nothing excessive. Lenity and pardon become the conqueror more

even than victory. “Do in time of peace the most good, and in time of

war the least evil possible: such is the Law of Nations.” These are

the admirable words of an eminent French magistrate and statesman.[58]

In this spirit it is our duty to assuage the calamities of war, and

especially to spare an inoffensive population.

But not so should we deal with conspirators. For those who organized

this great crime and let slip the dogs of war there can be no penalty

too great. They should be not only punished to the extent of our

power, but stripped of all means of influence, so that, should their

lives be spared, they may be doomed to wear them out in poverty, if

not in exile. To this end their property must be taken. Their poor

deluded followers may be safely pardoned. Left to all the privileges

of citizenship in a regenerated land, they will unite in judgment of

leaders who have been to them such cruel taskmasters.

The property of the leaders consists largely of land, owned in

extensive plantations. It is just that these should be broken up, so

that never again can they be nurseries of conspiracy or disaffection.

Partitioned into small estates, they will afford homes to many now

homeless, while their peculiar and overbearing social influence will

be destroyed. Poor neighbors, so long dupes and victims, will become

independent possessors of the soil. Brave soldiers, who have left

their Northern skies to fight the battles of their country, resting at

last from their victories, and changing their swords for ploughshares,

will fill the land with Northern industry and Northern principles.

I say little of personal property, because, although justly liable to

confiscation, yet it is easy to see that it is of much less importance

than the land, except so far as slaves are falsely classed under that

head.

* * * * *

Vattel says that in our day a soldier would not dare to boast of having

killed the enemy’s king; and there seems to be similar timidity on our

part towards Slavery, which is our enemy’s king. If this king were

removed, tranquillity would reign. Charles the Twelfth, of Sweden,

did not hesitate to say that the cannoneers were perfectly right in

directing their shots at him; for the war would instantly end, if

they could kill him; whereas they would reap little from killing his

principal officers. There is no shot in this war so effective as one

against Slavery, which is king above all officers; nor is there any

better augury of complete success than the willingness, at last, to

fire upon this wicked king. The illusions through which Slavery has

become strong must be abandoned.

The slaves of Rebels cannot be regarded as property, real or personal.

Though claimed as property by their masters, and though too often

recognized as such by individuals in the National Government, it is the

glory of our Constitution that it treats slaves always as “persons.”

At home, beneath the lash and local law, they may be chattels; but

they are known to our Constitution only as _men_. In this simple and

indisputable fact there is a distinction, clear as justice itself,

between the pretended property in slaves and all other property, real

or personal. Being men, they are bound to allegiance, and entitled

to reciprocal protection. It only remains that a proper appeal

should be made to their natural and instinctive loyalty. Nor can any

pretended property of their masters supersede this claim, I will not

say of eminent domain, but of eminent power, inherent in the National

Government, which at all times has a right to the services of all.

Declaring the slaves free, you will at once do more than in any other

way, whether to conquer, to pacify, to punish, or to bless. You will

take from the Rebellion its mainspring of activity and strength; you

will stop its chief source of provisions and supplies; you will remove

a motive and temptation to prolonged resistance; and you will destroy

forever that disturbing influence, which, so long as allowed, will keep

this land a volcano ever ready to break forth anew. While accomplishing

this work, you will at the same time do an act of wise economy, giving

new value to all the lands of Slavery, and opening untold springs of

wealth; and you will also do an act of justice, destined to raise our

national name more than any triumph of war or any skill in peace. God,

in His beneficence, offers to nations, as to individuals, opportunity,

_opportunity_, OPPORTUNITY, which, of all things, is most to be

desired. Never before in history has He offered such as is ours here.

Do not fail to seize it. The blow with which we smite an accursed

Rebellion will at the same time enrich and bless; nor is there any

prosperity or happiness it will not scatter abundantly throughout the

land. Such an act will be an epoch, marking the change from Barbarism

to Civilization. By old Rights of War, still prevalent in Africa,

freemen were made slaves; but by the Rights of War which I ask you to

exercise slaves will be made freemen.

* * * * *

Mr. President, if you seek Indemnity for the Past and Security for

the Future, if you seek the national unity under the Constitution of

the United States, here is the way. Strike down the leaders of the

Rebellion, and lift up the slaves.

“To tame the proud, the fettered slave to free,--

These are imperial arts, and worthy thee.”

Then will there be Indemnity for the Past such as no nation ever before

was able to win, and there will be Security for the Future such as

no nation ever before enjoyed, while the Republic, strengthened and

glorified, will be assured forever, one and indivisible.

Charles Sumner: his complete works, volume 09 (of 20) · 第 28 / 133 题