The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1868-08-19
The Laws Of War and the Rights
Of Persons.

1u6 Laws VI w r dUu Lu6 hlguCS
Of Persons.
"A correspondent of the Savannah News
writing to that paper concerning the seiz
ures of individual property during the war
saws:
Those interested in the equitable adjust.
ment ofthese large interests, do not, prob
ably one in a thousand, understand what
these laws and regulations are, and avail
myself of the written opinions, all in per
feet accord, of four of the first legal gentle
men in this or any other country, on these
matters. They are: Messrs. Charles
O'Connor, VIM. NJ. Evarts. Edward Pier.
pont and James T. Brady, whose legal &C.
quirements are universally admitted.
The robbers pretend to believe that pub.
lie hostilities between contending nations
or parties produce war between each and
every subject or citizen of each belligerent
power, and each and every subject or citi-
zen or the other; but these legal gentle
men declare that such doctrine has no
practical effect whstever, except SO far as
a prohibition of intercourse. They add :
| Shocking, indeed, would be the results
of reducing that theory to practice. The
veriest demon in human form could not
think ofapplying it to instructions or civil
wars. Accordingly it is settled doctrine
that captures can only be made by the
public armed forces of the sovereign power,
or under commissions expressly granted
for the purpose, as in case of privateers.
The acts Of Congress authorized Treasu-
ny agents to receive from officers of the
army after they had captured it, q certain
class of property called captured and
abandoned property" and the acts express
ly defined it to be that property "whose
owner is voluntarily absent tberefrom, and
engaged in aiding and encouraging the
rebellion" But these acts nowhere au-
thorize the Treasury agents to seize or
capture any kind of property either during
the war or after the suspension of HOSTILE
ties.
"Modern public law does not authorize
belligerent to capture as prize Of war
property belonging to private individuals,
unless it be found afioat at the time OF cap
ture.' Brown vs. United States, 9th
Crouch, PIP. l23, ia, Woolley on Interna-
tional law, secs. l2O, l39 second edition.
Wheaton on Captures, p. Is. Lawrence
on Wheaton on International law, part 4,
chap. 2, sec. Z.
Congress never extended the right of
capture beyond the limits assigned by the
law of nations, except by the first section
OF the act to confscate property used for
insurrectionary purposes of 9th August,
1861" II Statutes at large, p. I39, sec.
IL
"The right of capture results from and
is exclusively incident to state of war
1t does not exist for an instant after the
war has terminated. This doctrine is
strictly adhered to-" Wheaton on Cap
lures, PIP. BOG, 3O7.
Property which during war is in
condition to be captured, or otherwise ia
ken '.iMre 6elH,' does not ipso .facto vest
in the belligerent to whose power it is thus
subject. He must exercise his power be-
fore the war terminates or never. The re-
turn of peace extinguishes all right to
make prizes. From that moment private
property is sacred. He who takes it, ex-
cept in due course Of judicial proceedings,
contravenes the law. Taking through mis-.
take is actionable trespass. Taking with
the knowledge that the war has ceased, and
with intent to deprive the owner, is rob-
berry, if committed with open violence, and
a theft if marked by secresy." Wheaton
on Captures, PIP. 300, Dol, secs, 3 4, Haz-
lett & Roche, 120. The Mentor, l. CT
Rob. 179. Lawrence's Wheaton, part 4,
chap. A, sec. 5.
In addition to these legal authorities on
the Law of Nations, we have the regula-
tons prepared in 1863 by DR.. Lber, for
the armies of the United States in hostile
which were submitted to and
by board of military officers,
adopted and approved by President Lin
coin, and published for the information of
all concerned under General Order No. 100
for 1863, by which private prop,r.y was
not only to be respected, but protected by
the armies, and heavy penalties were |
threatened for all breaches of those recula-
tons.
This being the law, both of nations and !
the United States, by what title does Gen.
Butler hold the sword of Major General |
lwiggs and all his and the silverware of |
others, of which he despoiled them? By |
what law does the Secretary hold millions |
Of dollars Of the proceeds of cotton of pri-
vate citizens taken both during the war
and afterit had ceased. not by the military,
but by the Treasury agents and their agents !
and detectives? By what right did the
officers of the army appropriate horses,
mules, money, sllyerware, furniture, etc.,
ETC., of which they despoiled the people of
he South-all of which was private prop
the regulations of their own
army required them TO protect, and not to
steal?