The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1865-09-21
1Yse Harrison Count, Deejs;oH.


In our last issue we offered some COM
ments upon the decision made by three
Justices OF the Peace, in che ease of some
Confederate officers and soldiers, who
were brought before them under arrest.
This decision has attracted much atten-
ton, and reflects high credit upon the
intelligence, independence and integrity
of the Judiciary Of Harrison county
We are enabled this week 70 lay before
our readers the prepared opinion of
those upright magistrates. After stating
in some detail the facts as established in
evidence before them, all of which have
been substantially given in or previous
number, they close their opinion as
follows:
Upon this state of facts the prosecution
is sought to be maintained upon the
following rules Of common law.
LIST. That every one who enters into q
common purpose or design, is deemed
in law a party to every act done before
or after by others, in furtherance Of such
common purpose.
ment Of the United States was an illegal
act, and every one engaging in it is re-
spOnsihle for the probable result of his
act.
We the Justices are of the opinion that
as to the first rule there was no proof of
any common purpose or design by and
between the parties accused and those
who took and carried away the property
alleged to have been stolen. The accused
We're not therefore according to this rule
parties to the act.
The second ground is equally untena-
bic, because, at the time of the alleged
taking, the legality or illegality of the
cause of the war then waging between
the United States and the Confederate
States, was not question for settlement
by the courts of West Virginia, nor of
any other civil tribunal From them it
was referred to the force of arms; and
the victory Of arms was the only award
to which either party would submit.
In a trial before this tribunal, other
rules than those adopted by either party,
or by the civil courts prevail. They are
the rules Of civil war and derive their
authority, not from the consent or will
of the belligerent parties alone, but from
the voluntary consent of all nations.
These rules, or laws Of war recognize in
each belligerent the right to use and
employ the same means to secure vic
tory, and none others; whatever one
may lawfully clio to maintain it's cause,
is conceded to the other.
The property described in the warrants
against those parties is such property as
either belligerent party might, according
to the laws and usages of war take from
the enemy, and any taking of such
by the authority Of either Of
the belligerent parties is an act of war,
and may be justified as such in any of
the Civil Courts Of the county.
The property in this instance was adj
mitted to have been taken by Military
power of the Confederate States, and
from what we have said, those taking it
would not have been answerable for the
act in any Civil Court of the State,
because it was an act of war. Much less
can the accused by any assumption or
fiction, be held to answer as accessories
Or aceomplices for an act which the prin-
cipal may justify by the laws Of war.
They are therefore discharged.
Signed. A. WENINGER, Justice.
Signed. }. B. WRIGHT, Justice.
Signed. CONRAD Ross, Justice.