"1st. The very fact that a nation relied solely upon the justice of its measures, and the benevolence of its conduct, would do more than any thing else to prevent the occurrence of injury. The moral sentiment of every community would rise in opposition to injury inflicted upon the just the kind, and the merciful."
The moral duty of nations in this respect is the same as that of individuals. Active benevolence and forbearance should be employed, so far as may be proper; but there are points at which forbearance ceases to be a virtue. If we entirely forbear to punish the thief, the robber, and the murderer, think you that crime will be diminished? Reason and experience prove the contrary. Active benevolence and kindness should always attend just punishment, but they were never designed to prohibit it. The laws of God's universe are founded on justice as well as love. "The moral sentiment of every community rises in opposition to injury inflicted upon the just, the kind, and the merciful;" but this fact does not entirely prevent wicked men from robbing and murdering innocent persons, and therefore wise and just laws require that criminals shall be punished, in order that those who are dead to all moral restraints may be deterred from crime through fear of punishment.
"2d. But suppose the [national] injury to be done. I reply, the proper appeal for moral beings, upon moral questions, is not to physical force, but to the consciences of men. Let the wrong be set forth, but be set forth in the spirit of love; and in this manner, if in any, will the consciences of men be aroused to justice."
Argument, and "appeals to the consciences of men" should always be resorted to in preference to "physical force;" but when they fail to deter the wicked, force must be employed. I may reason with the robber and the murderer, to persuade him to desist from his attempt to rob my house, and murder my family; but if he refuse to listen to moral appeals, I employ physical force,—I call in the strong arm of the law to assist me; and if no other means can be found to save innocent life that is assailed, the life of the assailant must be sacrificed.
"If," says Puffendorf, "some one treads the laws of peace under his feet, forming projects which tend to my ruin, he could not, without the highest degree of impudence, (impudentissime,) pretend that after this I should consider him as a sacred person, who ought not to be touched; in other words, that I should betray myself, and abandon the care of my own preservation, in order to give way to the malice of a criminal, that he may act with impunity and with full liberty. On the contrary, since he shows himself unsociable towards me, and since he has placed himself in a position which does not permit me safely to practice towards him the duties of peace, I have only to think of preventing the danger which menaces me; so that if I cannot do this without hurting him, he has to accuse himself only, since he has reduced me to this necessity." De Jure Nat. et Gent, lib. ii., ch. v., §1. This same course of reasoning is also applied to the duties of a nation towards its enemy in respect to war.
"3d. But suppose this method fail. Why, then, let us suffer the evil."
This principle, if applied to its full extent, would, we believe, be subversive of all right, and soon place all power in the hands of the most evil and wicked men in the community. Reason with the nation that invades our soil, and tramples under foot our rights and liberties, and should it not desist, why, then, suffer the evil! Reason with the murderer, and if he do not desist, why, then, suffer him to murder our wives and our children! Reason with the robber and the defaulter, and if they will not listen, why, then, let them take our property! We cannot appeal to the courts, for if their decisions be not respected, they employ force to compel obedience to their mandates. But Dr. Wayland considers the law of benevolence to forbid the use of force between men. He forgets this, it is true, in speaking of our duties towards our fellow-men of the same society, and even allows us to punish the murderer with death; but towards the foreigner he requires a greater forbearance and benevolence than towards our neighbor; for if another nation send its armies to oppress, and rob, and murder us by the thousand, we have no right to employ physical force either to prevent or to punish them, though we may do so to prevent or punish a neighbor for an individual act of the same character. The greater the scale of crime, then, the less the necessity of resorting to physical force to prevent it!
"4th. But it may be asked, what is to prevent repeated and continued aggression? I answer, first, not instruments of destruction, but the moral principle which God has placed in the bosom of every man. I think that obedience to the law of God, on the part of the injured, is the surest preventive against the repetition of injury. I answer, secondly, suppose that acting in obedience to the law of benevolence will not prevent the repetition of injury, will acting on the principle of retaliation prevent it?" Again; "I believe aggression from a foreign nation to be the intimation from God that we are disobeying the law of benevolence, and that this is his mode of teaching nations their duty, in this respect, to each other. So that aggression seems to me in no manner to call for retaliation and injury, but rather to call for special kindness and good-will."
This argument, if such it can be called, is equally applicable to individual aggressions. We are bound to regard them as intimations of our want of benevolence, and to reward the aggressors for the intimations! Is it true, that in this world the wicked only are oppressed, and that the good are always the prospered and happy? Even suppose this true, and that I, as a sinful man, deserve God's anger, is this any reason why I should not resist the assassin, and seek to bring him to punishment? The whole of this argument of Dr. Wayland applies with much greater force to municipal courts than to war.
V. "Let us suppose a nation to abandon all means both of offence and of defence, to lay aside all power of inflicting injury, and to rely for self-preservation solely upon the justice of its own conduct, and the moral effect which such a course of conduct would produce upon the consciences of men. * * * * How would such a nation be protected from external attack, and entire subjugation? I answer, by adopting the law of benevolence, a nation would render such an event in the highest degree improbable. The causes of national war are, most commonly, the love of plunder and the love of glory. The first of these is rarely, if ever, sufficient to stimulate men to the ferocity necessary to war, unless when assisted by the second. And by adopting as the rule of our conduct the law of benevolence, all motive arising from the second cause is taken away. There is not a nation in Europe that could be led on to war against a harmless, just, forgiving, and defenceless people."