Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1863-06-02

u-ascs OF war. MlTt5SE oppi sSNirn IS not
Martial Law; it is fir, abuse If The power
which that law conf,re. as martial Law is
executed by military force, it 10 incumbent
upon these who administer il {" b" s;ri,tly
guided by the pr!ncip!,a oijustise honor ord
humanity; yir,uss adjoining soldier even
more than other ruen. 70. lie vsYy reS"nn
thst hs possesses tho over Of his h1n.s against
tho unsrmed.
IL. The law Of way
disclains all exturtions and other trEns-
actions for individusl GAIN, sll acts Of private
revenge, or conri' Arcs At such acts.
Is. Military necessity ndnits Of ell direct
destruction OF life or hlnb OF armed enemies,
and Of other perso:s u hose dos.i Gction IL ing
cNsutly unavoidable III the a.mtd Contests OF
the war; It allows of the capturing Of every
armed ensmy, and every eneiny Of importance
to the hostile government, or Of peculiar dGn-
ger t, the ceptor it allows of sll destruction
OF property and obstruction Of tho ways ahd
channels Of traffic, travel, or cchmunlc.-
tion, and of withholding Of Eust ~
means Of life from the enemy; Of the spprn-
pristion Of whatever Oil ensmy'n courtry
sf'ords necessary for tho subsistence ard safety
Of the army sud Of such deception az does
not involve The breaking ofgood fsith either
positively pledged, regarding agreements
entered into during the wHr, or supposed Ivy
the modern law OF war TO exist. Men who
t,ke up arms against one another In public
uor do not cease on this account to DO moral
beings, responsible TO one another, and to
Goo.
l6. Military necessity does not admit
Of cruelty--that ia, tie iutliction # suf,
forng for tho sake Of suffsring-or for
revenge, Tor of manning or wouncing
except in fight nor OF torture to e1tort cnn-
fessions. Il drea not admit Of the use OF Poi
bon in arr way, nor Of tie wah,on deyssts-
ton of district.
II. Wax is not carried on by arms aldno.
II is lawful to etsrvs ,he hostile beliigerent
armed or unarmed, so that u. itsds 10 the
apeedier sui jection Of the sneIpy.
%. - The principle he5 boon more
and more acknowledged, that The unarned
citizen is to be spared, In pei son. propert .nd
honor, ~ much al the exlgoDcies Of w.r will
admit.
%. Private cit'zsns arc no lcp.cr murder
oil, easlayed or Carried off 10 distant parts,
and the inoffsnsiye individual is as little DIS
turbed in his private relations as the comman-
der of the hostile troops can afford 10 grant in
the ouerruling demands of Il tgorous war.
26. Commanding Generals may causo tho
magistrates ind civil Gtficers Of tho kSs.ile
country to take tas oath Of temporary Alle-
glance, or an cath of fidelity to heir own
victorious government Or rulers, and they
may exp.l every one who declines to do 30.
But whether they do 80 o. not, tbs people
and their civil tfisers owe strict obedience 10
them ~ long IS they hold swsy ovor the die
| t,ict or county, ct tie peril 0! tficir lives
q. The law Ct war csn no more wholly
| DISPENSE with retaliation toun oSn the law Of
nations, of which it is branch. A
reckless enemy often Leaves to his opponent
no other means Of securing binseif against
the repetition Of oarbarous outrage.
: %. Retaliation will, therefore, mover be re-
sorted 70 ~ . measure of mere revenge, but
| only As . means of protective rstriousion,
and, moreover, cautiously snd unavoidably-
that Is to SAY, retaliation shsll only be- resort
cd to after q careful inquiry into the real oc-
currencs, and the character Of the niideeds
that may demand resribu,iou.
SECTION II.
| Public and Prioate Property of the Enemy
Protection Of Persons, and csUeciaHy No.
,uen ; of Religion, the Arts and sciences
Punishment Of Grimes against the inha6i.
tants Of hostile countries.
90. A victorious srmy, by the martial
power inherent In the same, may r'spend'