When the order was issued, it operated as a
privilege to the vessels of the United States as well as to those of
foreign countries to enter the ports held by our arms upon prescribed
terms and conditions. It was altogether optional with citizens of the
United States and foreigners to avail themselves of the privileges
granted upon the terms prescribed.
Citizens of the United States and foreigners have availed themselves of
these privileges.
No principle is better established than that a nation at war has the
right of shifting the burden off itself and imposing it on the enemy by
exacting military contributions. The mode of making such exactions must
be left to the discretion of the conqueror, but it should be exercised
in a manner conformable to the rules of civilized warfare.
The right to levy these contributions is essential to the successful
prosecution of war in an enemy's country, and the practice of nations
has been in accordance with this principle. It is as clearly necessary
as the right to fight battles, and its exercise is often essential to
the subsistence of the army.
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