se estate I have held for six months, who has come in and
declared his allegiance, and asks for his lands. And I believe that
before long, unless he comes in now, they will be almost ruined. What
shall I do?"

"It appears to me," I replied, "that if the disposal of these lands is in
your hands, you must be supposed to exert some will and discretion. _Stat
pro ratione voluntas_ is a good axiom here. We are not at all _in statu
quo ante bellum_--in fact, the war is not at an end, nor decided. Your
duty is to act for the good of the country, and not simply to _skin_ the
enemy like a bushwhacker, but to pacify the people. _Victor volentes per
populos dat jura_--laws should always be mildly interpreted. In your
case, considering the very critical condition of the country, I should in
equity give the man his property, and take his oath of allegiance. Severe
measures are not advisable--_quod est violentum_, _non est durabile_."

This is, I believe, pretty accurately what I said. That evening, as I
was sitting with General Whipple, he amazed me by addressing me exactly
as Mr. Harrison had done in the morning.

"I say, Leland, you're a lawyer, and I want your advice. There are six
warehouses here, and I want them badly for military stores. But Horace
Harrison says that I can't have them, because he holds them for the
United States. What am I to do?"

"General Whipple," I replied, "is this town under military occupation in
time of war, or is it not?"

"Most decidedly it is."

"So I should think from the way your patrols bother me. And if such is
the case, all things must yield to military wants. Where we have no
legal principles or courts to decide, we must fall back on legal axioms.
And here the law is clear and explicit, for it says, _Inter arma leges
silent_--the laws are suspended in warfare."

"A magnificent saying!" exclaimed the General admiringly. "Ah! you ought
to be in the Supreme Court." And seizing a pen he wrote to the State
Attorney:--

"SIR: This town, being but recently captured from the enemies of the
United States, is, of course, under military occupation, which renders
absolutely necessary for military purpose many temporary seizures and
uses, such as that of the six warehouses referred to in our late
correspondence. As regards legal precedent and principle, I need not
remind one of your learning that--(I say, Leland, how do you spell
that Latin?--_I-n-t-e-r_--yes,