The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-05-23
NASHVILLE, TENNESSEE. SATURDAY., NAY %, 1858.
ing himself against tho repetition Of bar.

ing himself against the repetition Of bar
barous outrage.
%. Retalition will, therefore, never be
resOrted to as measure Of mere revenge,
but only as a means Of protective retri-
button, and, moreover, cautiously and
unavoidably; that is to say, retaliation
shall only be resorted TO after careful in
quiry into the real occurrence, aud the
character of the misdeeds that may de-
mand retribution.
Unjust or inconsiderate retalition re-
moves the belligerents further from the
lga'ing niles of a regular war, and,
d -, leads them nearer to the
lie waEs Of savages.
Modern Il on are Distinguished
nom earlier ages BY the existence, at one
and the same time, of many nations and
great Governments related to one another
in close intercourse.
Peace is their normal condition; war is
the exception. The ultimate object ola
modern war is a renewed state of peace
The more vigorously wars are pursued
the better it is for humanity. Sharp wars
are brief
30. Ever since the formation and CO.
existence of modern nations, and ever
since wars have become great national
wars, war has become to be acknowledged
not to be its own end, but the means to
obtain great ends of State, or to consist
in defense against wrong; and no con-
ventional restriction of the modes adop-
ted TO injure the enemy is any longer
admitted; but the law of war imposes
many limitations and restrictions on
principles of justice, faith and honor.
SECTION II.
Public and Private Property Of the Enemy
Protection of Persons, and Especially
Women, of Religion, The Arts and Sciences
.-Fmisbnaent Of Crimes against the In
haJitants Of Hostile Countries.
81. A victorious army appropriates
all public money, seizes all public nova
BILE property until further direction by its
Government, and sequesters for its own
benefit or that of its Government all the
revenue of real property belonging to tho
hostile Government or nation. The title
to such real property remains in abey-
ance during military occupation, and I'M
til the conquest is made complete.
30. A victorious army, by the martial
power inherent in the same, may sus-
pend, change or abolish, as far as martial
power extends, the relations which arise
from the services due, according TO the
existing laws of the invaded country,
from one citizen, subject or native of the
same to another.
The commander of the army must
leave it to the ultimate treaty of peace to
settle the permanency of this change
33. It is no longer considered lawful
Ion the contrary, it is held to be
serious breach of the law of war to
force the subjects of the enemy into the
service of the victorious government, ex-
cept the latter should proclaim after a
fair and complete conquest of the hostile
country or district that it is resolved TO
keep the country, district or place, per-
manen,ly as its own, or make it portion
of its own country.
81 AS a general rule the property be-
longing to churches, TO hospitals, or other
establishments of education, or founda-
tions for the promotion of knowledge,
whether public schools, universities, ac-
cademies Of learning, or Observatories,
museums of the fine arts or of a scien-
tilic character, such property is not TO
be considered public property in the
sense Of paragraph 81; but may be taxed
or used when the public service re-
quires it,
80. Classical works Of art libraries,
scientific collections or precious instru-
ments, such as astronomical telescopes,
as well as hospitals, must be secured
against all avoidable injury, even when
they are contained in fortified places
whilst besieged or bOmbarded.
SO. If such works ofart, libraries, coll
lections, or instruments belonging TO
hostile nation or government, can be re-
moved without injury, the ruler of the
conquering State or nation may order
them to be seized and removed for the
benefit of said nation. The ultimate
ownership is TO be settled by the ensu-
ing treaty Of peace.
In no case shall they be sold or given
away, if captured by the armies of the
United States, nor shall they ever be
privately appropriated, or wantonly de-
stroyed or injured.
81. The United States acknowledge
and protect, in hostile countries occupied
by them, religion and morality; strictly
private property the persons of the in
habitants, especially those of women
and the sAcredness of domestic relations.
Oaenses to the contrary shall be rigor-
ously punished.
This rule does not interfere with the
rights of the victorious invader TO tax
the people or their property, especially
houses, lands, boats or ships, and church,
es, for temporary uses,
38. Private property; unless forfeited
by crimes, or by ofenses Of the owner
can be seized only by way of military
necessity, for the support or other bene-
iit of the army Of the United States.
If the owner has not fled, the COM
manding officer will cause receipts TO be
given, which may serve the spoliated
owner to obtain Indemnity.
80 The salaries of civil officers of the
hostile Government who remain in the
invaded territory, and continue the work
of their Office, and can continue it acoor-
ding TO the circumstances arising out of
the war-such as judges, administrative
or police officers, officers OF the city or
communal governments-are paid from
the public revenues Of the invaded terri
tory, until the military government has
reason wholly or partially 10 discontinue
il. Salaries or incomes connected with
purely honorary titles are always stop
ped.
40. There exists no law or body Of au-
thontativo rules Of action between hos
tile armies, except that branch of the law
OF nature, aud nations which is called