The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-05-23

~. Slavery, conplicating and con
founding the ideas OF property Chat is o
a thing) and Of q personality Chat is O
humanity,) exists according to municipa
or local law only. The law Of natur,
and nations has never Acknowledged il
The digest of the Roman law enacts the
early dicium of the pagan jurist that "sC
far as the law of nature is concerned all
men are equal. Fugitives escaping
from a country in which they were slaves
villains, or serfs, into another country
have, for centuries past, been held free
and acknowledged free by judicial deci
siOns of European countries, even though
the municipal law OF the country in
which the slave had takea refuge &C.
knowledged slavery within its own do
miniOns.
40. Therefore, in a war between the
United states and belligerent which ad e
mits ofSlayery, if a person held in BON
dage by that belligerent be captured by
or come as a fugitive under the protec-
ton OF the military forces Of the United
States such persons is Immediately en-
titled TO the rights and privilege of free.
man. To return such persons into
Slavery would amount to enslaving free
person, and neither the United States nor
any officer under their authority can en-
slave any human being. Moreover, per-
son so made free by the law of warts I'M
der the shield of the Law of nations, and
the former owner or State can have, by
the law post-liminy, no beligerent lien
or claim of service.
Al All wanton violence committed
against persons in the invaded country,
all destruction ofproperty not command
ed by the authorized officer, all robbery,
all pillage or sackiDg, even after taking
a place by main force, all rape, wound
ing, manning, or killing Of such inhabi-
tants, are prohibited under the penalty
of death, or such other severe punishment
as may seem adequate for the gravity Of
the otTense.
A soldier, officer or private, in the act
of committing such violence, and dis
Obeying a superior ordering him to alb
stain from il, may be lawfully killed on
the spot by such superior.
40. ALI captures and booty belong,
according to the modern law of war,
primarily to the Government of the cap
tor.
Prize money, whether on sea or land,
can now only be claimed under local
law.
46. Neither officers nor soldiers are
allowed to make use of their position or
power to the hostile country for private
gain, not even for commercial transact
tions otherwise legitimate. OfTenses to
the contrary committed by commissioned
officers will be punished with cashiering
or such. other punishment as the nature
of the offenses may require; if by sol
dlers, they shall be punished according
to the nature of the otfense.
AZ. Grimes punishable by all penal
codes, such as arson, murder, manning,
assaults, highway robbery, theft, bur
glary, fraud, forgery and rape, if COM
mitted by an American soldier in hos
tile country, against its Inhabitants, are
not only punishable at home, but in all
cases in which death is not inflicted the
severest punishment shall be preferred.
SECTION III.
DeserteFs-PrIsOmer of war-EEos.
tagos-BOOty ON the Battlefield.
49, Deserters from the American army.
having entered the service Of the enemy,
suffer death if they fall again into the
hands Of the United States, whether by
capture, or being delivered up to the
American army; and if deserter from
the enemy, having taken service in the
army Of the United States, is captured by
the enemy, and punished by them with
death or otherwise, il is not a breach
against the law and usages of war re-
quiriRg redress or retaliation.
40. A prisoner of war is public enc
my armed or attached to the hostile army
for active aid, who has fallen into the
hands Of the captor either fighting or
wounded, on the field or in the hospital,
by individual surrender or by capitu-
latiOn.
All soldiers, of whatever species Of
arms; all men who belong TO the rising
en- nlasse of the hostile cOuRtry all those
who are attached TO the army for its eff
cheney and promote directly the object
of the war, except such as are hereinafter
provided for all disabled men or officers
on the field or elsewhere, if captured; all
enemies who have thrown away their
arms and ask for quarter, are prisoners Of
war, and as such exposed to the incon-
veniences as well as entitled to the privi-
leges of prisoner of war.
90. Moreover, citizens who accompany
an army, for whatever purpose, such as
suffers, editors, or reporters of journals,
or contractors, if captured, may be made
prisoners of war, and detained as such
Tho monarch and members Of the hos
tile reigning family, male or female, the
chief, and chief officers of the reigning
Government, its diplomatic agents, and
all persons who are of particular and
singular use, and benefit 10 the hostile
army or its Government, are, if captuved
on belligerent ground, and if unprovided
with a safe conduct granted by the cap
tors Government, prisoners of war.
81 II the people Of that portion of
an invaded country which is not yet
cupied by the enemy, or Of the whole
country, at the approach Of hostile
army, rise, under a duly authorized levy,
en- nlasse TO resist the invader, they are
now treated as public enemies, and, il
captured, are prisoners of war.
%. No belligerent has the right to
declare that he will treat every captured
man in arms of levy en- masse as bril-
gade or bandit
II, however, the people Of country,
or any portion of the same, already occu-
pied by an army, rise against it, they are
yiOlators Of the laws OF war, and are mol
entitled 20 their prot6btiOn.'
90. The enemy's chaplains, officers Of
the medical staff, apothecaries, hospital
nurses aud servants, If they fall into thC