Page:Sketches of the life and character of Patrick Henry.djvu/358

 oSi SKETCHES OF THE

were remitted to that amplitude of freedom which the beneficent hand of nature gave us. We were not bound by fetters which are of benefit to one party, while they are destructive to the other. Would it be proper that '\ve should be bound, and they unre- strained?" As a still farther answer to the objection, and as giving the only rule of restraint in operating on the property of a belligerent, he cites the following principle from Vattel, and applies it to the actual state of America. " Vattel, book the 3d, ch. 8, sect. 137, says, that the lawful end gives a true right only to those means which are necessary for obtaining such end. Whditever exceeds this, is censured by the laws of na- ture as faulty, and will be condemned at the tribunal of conscience. Hence it is, that the right to such or such acts of hostility, varies according to their circum- stances. What is just and perfectly innocent in a war, in one particular situation, is not always so in another. Right goes hand in hand ivith necessity, and the exi- gency of the case; but never exceeds it." " This sir, is the first dictate of nature, and the practise of nations; and if your misfortunes and distresses should be sad and dreadful, you are let loose from those common restraints which may be proper on common occasions, in order to preserve the great rights of human nature. This is laid down by that great writer, in clear and un- equivocal terms. If then, sir, it be certain from a recurrence to facts, that it was necessary for America to seize on British property, this book warrants the legislature of this state, in passing those confiscating and prohibitory laws. I need only refer to your recollec- tion, for our pressing situation during the late contest; and happy am I, that this all important question comes on. before the heads of those who were actors in the

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