Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-10-10

hSh crown on pain oil Imprisonment, or ban
iShnent, or contiscation, NIL Europe would
rise in arms to suppress the outrage. Yet,
this Is no more than we suffer daily. II We
felt that independence which we assert, we
would sweep to our revenge with instant in
dignation. You would not listen tamely to
ali exposition Of our rights upon the assump-
ton that this is merely a civil war;
Such being the legal and moral relation of
the parties, the Federal Government, in July
last, enacted this confscation law. 1t affects
to treat all the acts done in this war by our
government and ppople as domestic offences
against the United States. 1t subjects all
persons guilty. of any Of these acts to the
punishment Of death or Of long Imprisonment
and eXorbitant fines. 1t declares all their
property to bs forfeited and all their slaves
to be free. With elaborate formality, eyincing
the coolest and calmest cruelty, it graduates
crimes and penalties; but the sum Of the whole
is tllatthe act, if carried into effect, would de-
prive the loyal population OF these States Of all
their property and Of their liberty or their
lives, and would emnnelpate nearly all the
slaves Of the South.
The act forbids all slaves to be returned
who escape to the Federal armies or who
are found by those armies in places which our
forces may have occupied. 1t forbids tie re-
clamation of fugitive slaves except by owners
who adhere to the Federal Government. 1t
authorizes the President. to "organiZe'' and
employ the slaves "fur the suppression of the
rebellion" in such manner as he may think
proper; and he may transport them to for
eigr colonies Such is their "law Of war!''
We huv. no fenr that this or any other law
of ~ 4 h..
forced throughout the Confederate States
God and our gallant armies will avert that
DOOM But we cannot prevent the enemy
from penetrating within our extensive IRON
tiers. This "contiscation act" proclainls the
"BI-ACx FLAG" under which invasion is now
and IS to he conducted. Soon after its pas
sage the Federal commanders began to ISSUE
orders in accordance with its spirit-such as
orders that their troops should subslSt them
selves on the property Of our people, that cur
loyal citizens should either take an oath If
allegiance to the invader or be banished 'l:in
their homes into our lines, and that the Fedc-
raj soldiers should no longer protect property
or families against the ru1iians of their OWL
armies. The bruullties Of the Northern
troops were cverywhcre multiplied. Practice
has demonstrated that the spirit Of the Soon
tiIcatlon sct'' was and il ln rule the war
every " here, and that spuit is spirit Of eX-
terlnlIIatiGn--ni Inrri"s, unspi,llng SpOlla-
tion and slaug hL.r-Uf War without truce or
compromise or qua,tcr--ul var that spares
neither age. nor suX nor condition. lti in
human cnactinrI.ls runsign all tn lh- SGatfuld,
or to misui, ur 10 bergary. Ii cS,amptS
neither lh. brave soldier, whose devoted ga.
lantry ,n,ght c!'alsnH" ,hr applause Of a mag
nan n.m,,,.s f'; unr the ngrt citizen, wllr,e
soul ii:1ktrs la The Such-t Of lIt: tender
woman " hn il cnlnpc!led BY l.w Of her
nature to c'.ng L her Lind f''i: Enr the infant,
incapable If tIl. crime nj loving ms country.
All are dnninrd. And IL wreak this awful
sentence npun olIc pcuplr, .'iX hundred thou
sand more troops are summoned to the field.
Even before the nassage Of that infamous
act the Federal Government and its armies
had practiced upon the assumption that, Us
rebels, we were outlaws having no rights;
and that they being engaged in supprcrsins
insurrection, had all the rights, both OF p bel
ligsrent and Of despot. Under that pr,;-xt,
they violated all the usagea snd laws "' Gar,
and every principle Of justice and humanity.
In violation of law and usage, they robbed
ur imprisoned the husbandman taken at his
pioS, and womciI, incapable of war, and re-
anirrd the inhabitants 10 take 0aths which
they abhorred anu which might subject them
10 tho vengeance Of the o'h-f helligarcnt
government. Having by such lawless op-
preston driven some peaceful citizens to de>-
pcratinn and resistance, they Captured item
and shat them down ia cold blood, under
semrn,c Of drum heal courts martial, ar
without even that mnckery of trial. For
thus rahmlicai vengeance the enemy pretended
10 invoke the sanction Of these very laws
OF WAT which they had violated, but which
are said to anLhoriza the execution OF lrreg'l-
lar partizsn", who engage in hosti!ites with
ont leng enrolled in an army. If these ir-
regular hosriltics be indeed thus forbidden
br the usagos Of war, It IL upon tho condition
tnat all invading army shall treat ncn-con-
batants according TO the same usages Of war.
The obligations are reciprocal. When an en-
elny invades country for the purposes Of
subjugation, of pilage and Of murder; when
he attacks or oppresses peaceful inhabitants,
he cannot avail himself Of the laws of war to
protect him against the vengeance which he
wai,tonly and uwlessly provokes. This re-
cprucal character, indeed. belongs to oil the
uSages Of war. When beligerent repudlates
them all in theory and violates them all in
practice, he cannot shelter himself behind any
ui them in his time of need. BY outlawlng
hls enemy, he outlaws himself.
The Federal Government had also. even
before the Confiscat;on Act, formally repu-
dated that usage of war which protects pri-
va1e property on land against the spoliation
Of armies for it had systematically endeav-
orcd to seize and carry off cotton, sugar,
provisions and other private property, and
especaly slaves. By direct spoliation or by
destroying property to avoid spoliatiou, our
people have lost private property on land
to the value of hundreds of millions in this
war.
In fine, am not aware Of single law or
usage, designed to protect persons or proper
ty against military violence or to mitigate the
horrors Of war, that has not been deliberate
Iy violated by our enemy whenever be could
commit the offence with safety and with ad
vantage. Even our privateerSmen, when
captured, were about to be judi';ially mur-
dered until we threatened retalia,ion. An
exchange Of prisoners was refused it was
consented to when the number OF captiyes
neld BY IL, huh long remained in excess over
those We lost ; it WAS again refused pertihl-
uusly hen the balance was turned against
us at Fort Doneson, aud, finally, it was con-
summalcd only when again the enemy dcs-
paired OF capturing as many as he lost. Some
relaxation Of barbarous pretension was thus
yieltled to soldiers with rnuskets and victo-
rious banners IN their hands, but none has
been granted to defencelesS citizens. Our
foes spare US when they fear US. They res-
pect our bayonets, but moi oar rights or
our sutlerilgs. Let US note the lesson.
When We had routed the only army of
the North last year at NIanassas the Federal
Congress resolved that the war was not to be
prosecuted for the purpose Of subjugation or
Of subverting the institutions Of tho States.
This year, when the Northern armies had
achieved some successes and expected more: