Whenever we
have an opportunity we seize on the enemy's property and convert it to
our own use, and thus, besides diminishing the enemy's power, we augment
our own and obtain at least a partial indemnification or equivalent,
either for what constitutes the subject of the war or for the expenses
and losses incurred in its prosecution. In a word, we do ourselves
justice.
"Instead of the custom of pillaging the open country and defenseless
places," the levy of contributions has been "substituted."
Whoever carries on a just war has a right to make the enemy's country
contribute to the support of his army and toward defraying all the
charges of the war. Thus he obtains a part of what is due to him, and
the enemy's subjects, by consenting to pay the sum demanded, have their
property secured from pillage and the country is preserved.
These principles, it is believed, are uncontroverted by any civilized
nation in modern times. The public law of nations, by which they are
recognized, has been held by our highest judicial tribunal as a code
which is applicable to our "situation" in a state of war and binding on
the United States, while in admiralty and maritime cases it is often the
governing rule.
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