Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1870-10-26


and upon the law OF retaliation. But,
whatever may have been the aetual practice
of the two belligerents, there is no difficulty
IN a>certaning the laws Of war as iecbg-
nized by the United States. In the "ir-
structiOnS for the government Of armies Of
the United States iu the field, prepared by
Francis Leiber, J.. H. d.. approved uy the
President, and published by order Of the
Secretary Of War, April q, 1863, General
orders Volunteer force, $. >, par. 81, y. 20.
it is declared that, The United States
acknowledge and protect, in hostile eoun-
tries occupied by them, religion and NOR.
atty, strictly private property, the person
OF the inhabitants, especially those Of wo-
men, and the sacredness Of domestic rela-
tions. Offences to the CONTRARY shall he
vigorously punished, This rule does not
Interfere with the right OF the victorious
invader to tax the people or their property,
to levy forced loans, 10 billet sob iers or 10
appropriate property, especially horses,
lands, boats on shlls aud churches, for
temporary and military uses.' In the same
book, p. 6S, par - it is declared that,
"The principle has been more and more
Acknowledged, that the unarned citizen is
to be spared in persou, property and honor,
as much ds The eutgcac,oS Of lydr icW dd-
md, thus leaving a large margin to militia
rE necessity; ana on y. 6I, par, lI IT IS
said, Var Is not carried on by arms alone.
1t is lawful to starye che hostile belligerent,
armed or uDalmei 50 that IL leads. TO the
speedler subjectlon OF the enemy And
la the further progress of the war, Major
General Halleck, cOmmander-in-chief of
the armies OF the United States, issued
certain stringent Instructions 10 ,hc com
muuoiug officer in Tennessee IN which,
among other things lac said "You have,
abr ady, been urged to procure your
Subsistence, forage and means of
traa portatlon so far as is possible,
in 'bh country occupied. This vou had the
m Bio 20 do withou. any Instructions, As
III commanding General ia the field, YOU
have tie power to enforce all laws and
usagcs Of war, holcercr rigid and Sercre
these niQV BE-, unless there he some act Of
Congress, rcgreuatlon, order, or Instruction
forbldding on restricting such enforcement.
Law. Wheat, 2d ed. sup, p. 40. Such
being the laws OF war, Us recognized and
promulgated by Che United States, we hold
that, during the wan, the Confederate
States were euttled 60 the same beligeTent
rights that il was lawful for the armies Of
General Vaughn and General Longstreet to
encanp upon the lands Of the defendant in
error and to cut down and consume the
timber thereirom THAI said military COM
maulcrs ia ac.ye service were the proper
and orl Judges Of the propriety or neces-
sity OF taking and consuming the other
property mentioned in the pleadings; and
that, If ii was lawful in them TO take, it
was lawful for the plaintiff in error, who
was then within their lines and sympathized
with their objects in the war, to advise the
takIug and that. in this view, no trespasS
was, either iu law or in fact, committed
How the law would be if it were shown
that the party giving the advice was AM
mated solely by malicious motives or per-
sonal hatred, Or revenge, or how il would
be if there had been any proof that the
plaintiff directed the seizure Of the corn
hogs and hay, it is unnecessary for us to
determine, a, there is no proof in the re-
cord to require such determination.
The right of the United States,
through the army, 70 take and appropriate
private properly, in Tie late civil war, VA.
fully discussed aud care ully eonsiaered, IN,
Taylor vsN. & G. r. r.. Co g. Gold ESQ,
and it ;gas Held that, even IN friendly ter
ritory, the right exists under the general
powers Of the government, and that the
military commander is the proper judge ot
the necessity, and cannot be held response
BILE, in civil tribunal; aud for the reasons
already stated, we hold that, during the late
civil war, the same principle was appllca-
bic to the armies Of the Southern Conted-
eracy. 10 the case Just cited, the right OF
the government to take and impress private
property, for the use of any army IN the
field, and upon the actual theatre of militia
ry operations, was fully considered in the
learned opinion of the court. It was vest
ed upon the police power Of the nation,
and declared 10 arise from it, Obligation 10
protect the national exist enee and the lives
and property of its citizens; aud, while the
duty of the government 20 make coDpen
satiou to those whose property has been
taken and appropriated 10 public use, was
distinctly recognized, 1t was held that tins
is not a condition precedent to the right to
take property, or to the vesting OF title
thereto in the government Ibid COL.
The duty of making compensation to their
own citizens was, at all times, fully recog-
nized aud enforced by the government Of
the Confederate States Of America and
never departed from, so far as We are in
formed, except under the pressure Of milf
tary necessity and by armies engaged in
actual hostilities Citizans were paid for
their property from the commencement OF
the waI, and the right oilmp was
egulated by statute An net was passed,
bvthe CONGRESS of the Confederate States.
ap1royed March 2G, 1852 entitledap Act
III REGULATE upre smerts, and this was
& alaend3i by au Aet eppioyad ..Aprl ~
b .l6G3; anu s-i.. further anCale4 sE au-.Act,
4 pproyeu lG February, 1854, intsa Acts
provided for. impressmoutoi prmtepro-
/ ..rtv and Iii ft'.' ralr.Ttinl. iu gH 1- Wulre