Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-05-15

liked world, would be outraged, private properly
should be generally conhscated and private rights an
nuled The people change their allegiance, tneir rea
tons 10 their ancient sovereign are Dissolved put tner
relations to each other Andsthen rgnts OF property ie
main undisturbed.P s-~f IT,
Chief Justice fancy in the Of Fleming against
Page reported in 9Ih Howard when speaking Oh the
eff e Of the occupation Of Tampco during the Mexican
war; Gays: "Whle it was occupied by our troops they
were in an enemys country and not in their own the
inhabitants were still foreigners aud enemies aho oWeu
to the United States nothing more than the
and obedience sometimes called temporary anegance'
which is due from conquered S7emy, Wnen ne
ders to force which he is ur Je to resist Inc re-
sult of all the authorities 70 be this; tue duty Oh
all allegiance is reciprocal TO the duty OF protection
When therefore, nation is unable to protect portion
of its territory from the superior force OF the enemy,
II loses its claim to the allegiance Of those whom
il fails to protect, and the conquered Inhabitants
mass under temporary allegiance TO the conqueror'
and are bound by such laws and sucn ohS
as he may choose 10 impose The sovereignty oil ma
ton which is thus unable to protect Its territory Is aus
placed and that of the successful conqueror Is su9s
uted In its stead II this be so in regard to the lnhao
itants of the territory occupied by the enemy, the RUE
onoies with concentrated force to the army OF the IN
yader which is the instrument used by the eonqueror
20 dispace the sovereignty Of the nation invaded.
IL i manifest therefore, that the municipal law OF
the States of this Confederacy is not obligatory upon
the officers Of tue public enemy, ana henee Tue
State tribunals cannot entertain jurisdiction over tnen
| for offences committed prior to capture me rue
that anpes to an army will settle the quesuon as 10
any smaller body of the enemys forces, because 10 the
extent of the territory occupied by such smaller pouy
the municipal is displaced and ceases 10 De oohea
| tory. -.,1.,oo ~, oor,r,it.
Tee 20 discard the plan OF retaliation proposed by the
President as impolitc and mpracticabe. Retaliation,
"a has been said is beHigerent right; its exercise Is
Inconsistent with state Of peace. IL therefore peace
bod intervene before the cases of the officers turned
/ c., trih,,p nla CHI OI,
rSt to punish them by way Of retaliation, would cease
and vet the States might persist in treating tnen as
criminals to the manifest disturbance oil our ioIegn re-
] ations Even during the prosecution oil the war,
an armistce or other subsequent events might render
| proper 10 suspend retalaJory measures, and yet
| such suspension would be beyond the control oil
the Confederate Government, so far as the ohcerb Ac
tuy delivered the States are concerncd Io1he pro-
posed scheme of retaliation, practical and effective
| scheme a further objection has presented ltei Inc
fundamental laws of the respective States guarantee 10
the accused speedy public trial before an Impartial
jury of the vicnage of the county Or district IN Wheh
| The crime was committed. These provisions preclude
the posbity of subiectiug TO trial punishment many
of the csptured officers during the war; because in most
instances the place of the capture, the situs OF the
crime is occupied by the enemy and no court In the
county could be held to adjudge the case. Fjr thefe
reasons the Judiciary Committee recommend the aool'
ton Of the suboined joint resolutions The committee
under the resolution referred IT, did not conceive
proper to suggest any new plan OF retaliation
| THOMAS j. SEGNEs,
| On behalf the Coiamihes.
After this report had been read and discussed it was
recommitted With Instructions to report plan of re-
tiaton, and then Mr. Semmes, from tue Judiciary Com
mirtee, reported the resolutions which were finally
adopted by both Houses and approved by the President
on the LIST of May. We suboin copy OF these resou
| tons:
Joint R,,olutions on the subject of Radiation.
oft hp 'Ouf
Of America In response TO The message of the Pres7
dent transmitted Congress at the commencement OF
the present session. that in the opinion OF Congress- the
commissioned officers of the enemy ought not to be de-
iyered 10 the suthores Of the respective States, a.
suggested in the sid message, but all capyes taken by
The Confederate rces ought 10 be dealt with and dis
posed of 10y Inc Confederate Government.
Sec 3 That in the judgment of Congress, the proc
auaoGs Of the President OF the United States dated,
respectively September 22d, 1862 and January LIST,
1868 and the other measures of the Government OF the
United States and of It's Authorities, commanders and
forces designed ntendngto emaucpate slaves in u
Confederate Sotes 10 abduc such slaves or TO nce
them to insurrecdon, TO employ negroes in war
against the Confederate States TO overhroa the in
titu,on of African slavery, and bring on servie war
in these States would il successful, produce atrocous
consequence and they inconsistent with the spirit
Of those usages which, in modern warfare, prevail!
among ciyliz ID nations they may therefore, be pro-
pcrly and lawfully repressei by retaliation,
| Sec g. That in every wherein, during the pre-
| sent war any violation of the laws ugages of War
among civilized nations shalt be, has been done and
perpetated by those acting under the authority of the
| Government Of the United S,ates on the persons or
nrope Of citizens OF the Conledea te States, or Of
those under the protection in the land naval SER
vice of the Confederate States OF any State of the Con-
lsd.rsoy the President OF the Confederate States is
hereby authorized to cause full ample retaliation be
made for every violation, in such manner and to
| such extent he may think proper.
Sec L. That every white person. being a commission
ell officer, acting such, who during the present
war shall commando negroes or muiGttoes III arms
against the Confederate States, who shall arm, traiD
organize or prepare negroes mulsttOcs for military
service against the Confederate Safes, who shall vol
unfairly aid negroes mulatloes in any military enter
PRISE attack or conflict in such service shall be deemed
rs melting servie Instruction. and shall If captured be
put DEATH be otherwise punished at the discretion
OF the court.
Sec g. Every person, being commissioned officer or
acting such in the service of the enemy, who shall
during the present war excite attempt TO excite OF
cause TO be excited servilo instruction who shall
nce or cause to be melted slave to rebel, SHALL il
captured be put TO death, be otherwise punished
the discretion of the court.
Sec 6. Every person charged with an offence punish
able under the preceding resolutions shall during the
present war be tried before the military court attached
to the army corps by The troops Of which he shall
have been captured by such other military court
the President direct and in such manner and under
such regulations ss the President shall prescribe aud
after conviction the President may commute the punish
men in such manner and en- such terms be may deem
proper.
i See 2. All negroes and mulattoes who shall be en-
gagged in var be taken in against the Confede
rae States or shall give aid comfort to the enemies
of the Confederate States, shall when captured in the
Confederate States delivered 10 the authorities Of the
State or States which they shall be captured to be
dealt with acco ding to the present-Or future laws o
such State or States.
LIST OF CASUALTIES.
The following is a report of the killed and wounded
Of lhe First Regiment Virginia Artillery, in the battle