The democrat. [volume] (Weston, W. Va.) 1868-1874, 1869-11-15
Liability OF Individuals for Injuries
done by the Confederate Armies. /.
A LEGAL OPINION.
WESTON, W. Va, Der. 3. 1865.

upou tuc suolecV q the sui against sou,
has been received.
If l understand the proposition submit
ted by you, it is this: You we're soldier
in the Confederate army, and an effort j,
being made to reader you liable for pro-
perty taken from individuals in Wcs;
Virginia by the Confederate armies, AMI
it is claimed by the plaintiff that the late
war, which has recently terminated in the
overthrow of the Confederate armies, was
not such a war as conferred upon the par
ties to it the rights of bclligercnts, and,
you are liable.
1t will be necessary, first, to consider
what are the rights Of belligerents in a
public war. Secondly, was tic late war
between the Government of the United
States and the Confederate States such q
war as conferred upon the parties to It,
whether for or against the Government,
telligerent rights?
A public war is contest, BY force, be-
tween independent States, and entities
beth of the beliigerent parties to all the
rights of war against each other and this
applies to those not IN arms, as well as tc
the soldiers. When one State is at wa,
with another, it has right to seize upon
all the enemy's property. of whatsoever
kind and wheresoever found. and to ap.
propria:c it to its own use, or to that o.
the captOrs, if the neutral rights Of other
nations are not violated.
This is the extreme right of war, mod
fled aud restrained only by the purposes
of the war.
1t is immaterial whether tho person
FROM whom the property is taken has, or
has not, taken part in the war, or given
aid to the power having military control
Of the part Of the country in which he re-
sides. or whether he is in sympathy with
the party making the capture. Again,
the situation of the property is one Of the
tests of the belligerent right to take it.
II it is at aplace where it can be control
led By the enemy to the capturing party,
it may be seized.
Again, any property ofany kind, within
the limits Or control of Tie enemy, that
may be the subject o. commerce and trade
that may DO subject of taxation, OF
otherwise strengthen and give pccunia-y
or other power TO an enemy, MAJ be cap.
tured. TIE reason ofall this results from
the fact that war is the exercise of force
BY q nation, or body assuming TO be !
nation, against another, for the Parposc Of
In a public or civil war, all who belong
to either of the beliigerents, whether VOL
unfairly or involuntarily. are regarded. il
all questions affecting the rights Of war,
as enemies, whether in arms or not; and
Eattcl, in treating CT the rights over enc
my'S property, uses this language. 1--WE
have right to deprive our enemy of hi.
possession oscvcrything which may aug,
ment his strength aud enable him to make
war" 1t is because OF all these consc.
quences, thatall mankind dread and rccoil
from such dreadful alternative as war.
An abuse o! this power can only be re.
garded as licentious, and condemned, but
is tolerated, nevertheless, for in the par.
ticular case Of excessive Pil!age who can
be the judge!
As Fsttel expresses it: Even if the
point excessive piilagc) could be exactly
ascertained, nations acknowledge no con.
mon judge"
When one side does an act Of var, such
as Selling property, laying waste couu.
try, and the like, it is always done with :
concession to the other side, that like act.
may be rcsortcd TO by the other. The
rights of the parties are reciprocal, and
when the usages ofwar are violated by al
enemy, retaliation may be resorted TO.
BY the laws Of war, whatever is permit
ted to one Of the parties to a war, is con.
coded to the other This grows out Of the
fact that a war, from necessity, is to be
in its effects at least, as iusI
90 both sides.
The second proposition. above stated is
next to be considered: Was the recent
war of such u character as conferred bel.
igereut rights upon the parties to it?
fit was civil war, all the authorities
'oncur in admitting that the parties to it
lad all the rights Of bel!igerents.
Vattel declares, THAT the common laws
Il war arc in civil wars to be observed on
both sides. The same reasons which make
hem obligatory between foreign States,
'ender them more necessary in the uphap-
~ circumstances where two exasperated
'arties are destroying common country"
All the authorities on the subject of jus
'elLi, concur in the concession Of these
tights in a civil war.
Was this civil war? Strange, in-
Iced, if there should be any question
bout the character of this war! If the
'olitical department of the Government
las decided that question, it is, by like
concurrence Of all the authorities, copclu-
Two on the courts. I: cannot be denied,
I this day. viii, vi It's history before Us.
. be found il The published ptoclamtions