The new South. [volume] (Port Royal, S.C.) 1862-1867, 1863-09-19


Mercury of Aug. %, 1863 We think the ques-
tion has already been answered by Gen. Gilmore
pretty conclusively. "Lay on, McDuff."
"Can City be SheIled, when Fortress not
Contiguous to it will not Surrender :?
mThe late correspondence between General
Beauregard and General Gilmore raises a very
important point as to the law of nations. General
Gilmore maintains that, in order that he might
compel surrender of Fort Wagner and Fort
Sumter, it is lawful for him to shell the city of
Charleston. General Beauregard, on the contrary,
contends with the unanswerable power of reason
which General Gilmore has not answered, and
cannot answer that this is an act Of barbarism,
and contrary to the laws of nations. The guns
which have been turned on Charleston are five
miles off. Fort Sumter is three miles and third
of mile from Charleston. Morris Island is four
miles. The waters of the bay lie between them
and Charleston. There is, therefore, no contiguty
or connection between Charleston and these posi-
tions. No shell or shot aimed at them can reach
Charleston, nor does Charleston in any way con-
tribute, by her physical position, to their support
No sally by the citizens of Charleston can be made
to aid the garrison against the enemy at either of
these forts. Under such circumstances, by the
laws of nations, Charleston has no more connec-
lion with them than Savannah. 1t is true that if
these forts are reduced Charleston may fall, and
so may Savannah; but this does not authorize
either of these cities to be treated parts of these
Notifications Until these forts are reduced, Gen.
eral Gilmore will not have taken the first outposts
which guard the approach to Charleston. If he
fails to take them, his whole operation will be a
failure. Should he take them, he will not have
taken Charleston. There are other outerworks to
be reduced. He has not reached Charleston. Is
not Immediately in front Of Charleston in force.
He has not demanded the surrender of Charleston.
A demand for the surrender Of Sumter and Wag-
ner, which he is attacking, is accompanied By the
threat to shell Charleston, of which these works
are distant outposts
Vattel, in his Laws of Nations, it appears to us,
has very clearly settled the question. He lays
down the rule broadly:
Can damage done enemy annecessarily-every act
of hostility which does not tend to procure victory and
bring the to conclusion, is icenhousness con-
demned by the laws OF nature
Martens, a high French authority, in his work
on the laws Of nations, particularizes:
s fully recognized that according to the rule of war;
bombhes ought not to be fred except against works OF
fortcatons And it Is only in the of such works that
the assaan has the right to the ground blow
up the place attacked
Vattel confirms these views, and says:
present we generally content ourselves with batter
ing ranparts and defenses Of place. To destroy
town with bombs and redhct balls extremity to which
we do not proceed without cogent reason But is nev
be by any other mode to retuc important post which
the of the may depend which enables the
enemy to annoy US in dangerous manner"
Now it is impossible to conceive that General
Gilmore supposed that he could reduce Fort
Wagner and Fort Sumter by no "other mode -
than by shelling Charleston. On the contrary, he
demands the surrender Of these forts, because they
are untenable and can be easily taken. Nor does
the city of Charleston, separated by the waters of
the bay from Fort Sumter and Fort Wagner, enable
1.-THE enemy (the Confederates to annoy US the
Yankees) in dangerous manner" Still further
to elucidate his meaning, Vattel says:
"fwe find necessary to destroy edfces that nature
"a public nature in order to the operations Of
to ddpd,ee The tcpL5 siege, have undoubted
right to take such step. The governor Of beseged
town sets fire to the suburbs that they may not afford
lodgment the besegers. Nobody presumes to blame
general who lays waste gardens orchards for the
pose of encampns the ground, and throwing up an
entrenchment."
Here it is plain, that the destruction of public