Belligerency

“ Now, unhappily, there arises a conflict in our own country, which presents the case of an armed military rebellion—a revolt of certain portions of population, maintaining, if you please, to a certain extent, the mastery over a certain portion of our soil, using against us the actual means and processes of war, and compelling from our Government, in maintaining dominion against their aggressive assaults, the means of military power, naval and land forces, and all the authority and violence of war. ”

“ My friends, you have nothing to oppose to this force, but a militia unused to service, impatient of command, and destitute of resources. Can your officers depend upon the privates, or the privates upon the officers? Your war can be but little more than mere tumultuary rage: and besides, there is an awful disparity between troops that fight the battles of their sovereign, and those that follow the standard of rebellion. These reflections may arrest you in an hour that you think not of, and come too late to serve you. Nothing short of a miracle could gain you one battle ”

“ And it is further certain, from a consideration of the nature of mankind, as well as from constant experience, that standing armies always endanger the liberty of the subject. But when the people, on the one part, considered the army as sent to enslave them, and the army, on the other, were taught to look on the people as in a state of rebellion, it was but just to fear the most disagreeable consequences. ”

“ Without such particularity of procedure, an army going into an enemy's country would soon become a rabble or mob—war would soon become rapine—officers would soon lose all control of their men, and from thenceforth plundering, spoliation, and pillage would become the order of the day. ”

“ The true strength and safety of every commonwealth or limited monarchy, is the bravery of its freeholders, its militia. By brave militias they rise to grandeur, and they come to ruin by a mercenary army. ”

“ With the howl of demons, the last mad, defiant impotent howl of baffled but still determined traitors, exposed to history, to nations, and to themselves, whipped, naked, and hungry, on they came cursing, firing, riding like the ‘Light Brigade’ ‘into the gates of death, into the mouth of hell.’ No hurrying, no excitement, and yet no hesitation in the fort and batteries, but steadily the shell, case, grape, and canister flew, with the swiftness of lightning and the precision of fate straight in the faces of the infuriate mob. ”

“ Our rebellion has lasted four years. Government has exchanged prisoners and acknowledged its belligerent rights. After that, gibbets are out of the question. A thousand men rule the rebellion,—are the rebellion. A thousand men. We cannot hang them all. We cannot hang men in regiments. ”

“ We do hereby declare unto all that whosoever stretcheth forth their hands against us ... by shedding our blood actually, either by authoritative commanding, such as bloody counsellors ... especially that so-called justiciary, generals of forces, adjutants, captains, lieutenants, and all in civil and military power, who make it their work to embrue their hands in our blood, or by obeying such commands, such as bloody militia men, malicious troopers, soldiers, and dragoons; likewise such gentlemen and commons who, through wickedness and ill-will, ride and run with the foresaid persons ... ”

“ In times of insurrection, or invasion, it would be natural and proper, that the militia of a neighboring State should be marched into another, to resist a common enemy, or to guard the republic against the violence of faction or sedition. ”

“ The smallness of the army renders the natural strength of the community an overmatch for it; and the citizens, not habituated to look up to the military power for protection, or to submit to its oppressions, neither love nor fear the soldiery; they view them with a spirit of jealous acquiescence in a necessary evil, and stand ready to resist a power which they suppose may be exerted to the prejudice of their rights. ”

“ An idea seemed to be entertained that all that was necessary to constitute a war was organized hostility in the district of country in a state of rebellion — that conflicts on land and on sea — the taking of towns and capture of fleets — in fine, the magnitude and dimensions of the resistance against the Government — constituted war with all the belligerent rights belonging to civil war. ”

“ The commanding general considers that no greater disgrace could befall the army, and through it our whole people, than the perpetration of the barbarous outrages upon the innocent and defenceless, and the wanton destruction of private property, which have marked the course of 244 the enemy in our country. ”

“ War had broken out, and the Slaves of those engaged in armed Rebellion against the authority of the United States Government, had been actually employed, as we have seen, on Rebel works and fortifications whose guns were trailed upon the Armies of the Union. ”

“ And now these parricidal hosts stand arrayed against that paternal Government to which they owe loyalty, defence, and affection. Never in history did rebellion assume such front. Call their number 400,000 or 200,000,—what you will,—they far surpass any armed forces ever before marshalled in rebellion; they are among the largest ever marshalled in war. ”

“ No agitation for the development of national defences, no beating of drums to awaken the military spirit, no anti-foreign clamour or invasion panic, no parading of uniforms and futile clash of arms, are necessary to entice the groundling and the bumpkin into the service. ”

“ All enemies in regular war are divided into two general classes—that is to say, into combatants and noncombatants, or unarmed citizens of the hostile government.
The military commander of the legitimate government, in a war of rebellion, distinguishes between the loyal citizen in the revolted portion of the country and the disloyal citizen. ”

“ He rose, therefore, and moved the following manly resolutions:
“Resolved, That a well regulated militia, composed of gentlemen and yeomen, is the natural strength and only security of a free government; that such a militia in this colony, would for ever render it unnecessary for the mother country to keep among us for the purpose of our defence, any standing army of mercenary soldiers, always subversive of the quiet, and dangerous to the liberties of the people, and would obviate the pretext of taxing us for their support. ”

“ They have, but a little while ago, created scenes in which mob-law ruled the hour, riot held its sanguinary sway, and the earth of our streets tasted the blood of our citizens. When such scenes as these occur, we cannot wait for aid from the crews of vessels in the offing, we cannot look for succor to the army garrisons of distant forts; but in our great cities—those plague spots in the body politic—we want trained militia who can rally as rapidly as the long roll can be beaten. ”

“ Over fallen steeds and writhing men—through flashing sabre strokes and whistling rifle shots—through smoke and dust—through blood and fire—the guerrillas dashed, striking here and there—striking everywhere where the blue coat of a Union soldier could be seen in the chaos. ”

“ Open, active participants in hostilities, as soldiers who wear the uniform, move under the flag, and hold the appropriate commission from their government, openly assuming to discharge the duties and meet the responsibilities and dangers of soldiers, they are entitled to all belligerent rights, and should receive all the courtesies due to soldiers. The true soldier is proud to acknowledge and respect those rights, and ever cheerfully extends87 these courtesies. 2. Secret, but active participants, as spies, brigands, bushwhackers, jayhawkers, war-rebels, and assassins. ”

“ Had the men whose term expired been once permitted to go home, they could never again have been collected; the army would have dwindled into a corporal's guard here and there; the masses the North was pouring down on all sides would have swept the futile resistance before it; and the contest, if kept up at all, would have degenerated into a guerrilla warfare of personal hatred and vengeance, without a semblance of confederation, or nationality. ”

“ Behold, then the policy, or rather the madness and folly of oppressive rulers: if they are successful in their injurious measures, they are exposing themselves and their subjects an helpless prey to the ravages of some ambitious neighbour: if they are not; they are raising up enemies against themselves at home, and, as it were, setting fire to their own habitations. ”

“ That the extraordinary guards and military forces now attending your Majesty, may be removed and discharged; and that for the future you will raise no such guards or extraordinary forces, but according to the law, in case of actual rebellion or invasion. ”

“ They are for organised rebellion, for tampering with the army, for raising the standard of revolt, and for carrying on a guerilla war. For the purposes of this rebellion or war they may do and will do anything that is necessary to be done ”

“ It may be further urged, that both modes are executed by troops equally mercenary, equally disciplined, and equally ready to obey orders; and that if a regular army is an overmatch for an undisciplined militia, a government combined with troops of exclusive privileges, must also be an overmatch for the unorganized, unpaid, and unsuspicious militia of equal rights. ”

“ They offend my sight. Our militia were merry fellows; they took liberties, stood their legs astride, their hats over their ears, they lived and let live; these fellows are like machines with a devil inside them. ”

“ They feel and resent, as they ought to do, that invariable, undistinguishing favour with which the guards are treated; [5] while those gallant troops, by whom every hazardous, every laborious service, is performed, are left to perish in garrisons abroad, or pine in quarters at home, neglected and forgotten. If they had no sense of the great original duty they owe their country, their resentment would operate like patriotism, and leave your cause to be defended by those, on whom you have lavished the rewards and honours of their profession. ”

“ What is got by soldiers, must be maintained by soldiers; and we have, in this paper, already seen the frightful image of a military government; a government, which, at best, is violent and bloody, and eternally inconsistent with law and property. ”

“ But whenever the general had to exercise any function of authority beyond the handling of troops on the march or in action, he distinguished himself by an impatience of restraint, a reckless disregard of the laws, an uncontrollable violence of temper, and a daring assumption of power, not seldom seriously compromising the character as well as the peace of the country. ”

“ In order to provide for our defence, and exclude the dangers of a standing army, the general defence is left to those who are the objects of defence. It is left to the militia who will suffer if they become the instruments of tyranny. ”

“ As a general rule, belligerent rights are conceded only where a rebel government or contending party in a civil war has acquired such form and body, that, for the time being, within certain limits, it is sovereign de facto, so far at least as to command troops and to administer justice. ”

“ ARTICLE II. The population of a territory which has not been occupied who, on the enemy's approach, spontaneously take up arms to resist the invading troops without having time to organize themselves in accordance with Article I, shall be regarded a belligerent, if they respect the laws and customs of war. ARTICLE III. The armed forces of the belligerent parties may consist of combatants and non-combatants. In case of capture by the enemy both have a right to be treated as prisoners of war. ”

“ The revolutionists, drunk with fanatic frenzy and elated with the success of their first days of destruction and pillage, rushed on the militia, whenever a collision became inevitable, with reckless bravery and desperation. ”

“ The enemy have commanded220 a surrender at discretion; otherwise the garrison is to be put to the sword if the place is taken. I have answered the summons with a cannon-shot, and our flag still waves proudly from the walls. I shall never surrender or retreat. Then I call on you in the name of liberty, of patriotism, and of everything dear to the American character, to come to our aid with all despatch. The enemy are receiving reinforcements daily, and will no doubt increase to three or four thousand in four or five days. ”

“ Every dynastic and political feud, all the executions resulting from such feuds, the crushing of rebellions, the use of the military in dispersing mobs, in putting down strikes, all extortionate taxation, the injustice of land ownership and the limitations of freedom of labor,—all this is done, if not directly by the troops, then by the police supported by the troops. He who performs his military duty becomes a participant in all these acts, about which he often feels more than dubious, and which are in most cases directly opposed to his conscience. ”

“ Advancing into a hostile country, among a people whom they knew to be reckless in courage and of a proud spirit, the generals and high officers were obsessed with the thought of peasant warfare, rifle-shots from windows, murders of soldiers billeted in farms, spies everywhere, and the peril of franc-tireurs, goading their troops on the march. ”

“ Praise enthusiastically some more specially unpopular foreigners—enemies for choice—laugh at the heroism of the troops, call them cowards and go on to denounce with vigor the obedience rendered to their officers and soldiers and sailors. A great number of things will happen to you. Even after the police have rescued you from the hands of the mob, the State will proceed to deal with you in a fashion which will enlighten you for good upon the limits of toleration. ”