The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1877-08-16

~ ~ - - 4A 49, - -. ~ -
fheeltizsss aud only one splf twas
fkillcd, and lie VAS killed saftef tho,
tro6pslcft the yicinityofahe place.
About Reonsthe troops were ie-foItn-
ed,on tlle high ground overlooking
| the town where the most of them
Ilsdgbeep posted in the early morn
|, ing, and the return to the Potomac
swas begun shbrtly afterward. We
Eencamped at McConucllsburg that
,night, and reached the river the next
istay at or near Hancock, MarylSuar
9HE PEcUMARy DEMANp DEFENDED;
Il In confirmation of what I hdye'
kfitten Major Gilmer says ihshfs
.6ook, -Four Years in the Saddl6,pf
S,bage 210;. IIe showed me General.
AlIas slfls orda eharal Early, in.
SIem6i lag 61 sayss "a
4 Bfitse6 deBiahd .Ss iiol1ps
nicipal authorities, and,~tthey: were
Informed what-would be the result
of failure or refusal to comply with
it." On page 50 he says: Con the
9Oth of July McCausland reached
Chamborsburg and made the demand
as directed, reading to such of the
authorities as presented themselves
the paper sentb by me-" Colonel w.
E. Peters, who commanded one of
the regiments in Johnston's brigade,
when the burning commenced, come
and asked me if the burning was be-
ing done by my orders. l showed
him the order of Gen. Early and he
was satisfied, and proceeded to carry
ont the order as was being done by
otherreg regimentsofhis brigade. In this
expedition the troops passed through
more than one hundred miles of hos,
tile territory, executed all ordersthat
were issued with promptness and
regularity, and never have | heard
of any complaints of acts unauthor.
lied by their. superior officers. l
think that these facts will show that
this entire expedition was planned
and executed in accordance with
the orders of superior officers of COM
petent authority to order it,andmore-
over, that it was an act of retaliation
perfectly justified by the circum-
stances, and was at all times kept
clearly within the rule governing
civilized warfare.
Vattcl, in his Claw of Nations"
lays down the following rule, and it
may not be, inappropriate to quote il
In order that many persons, whit
may read what is said about the de.
struction of Chambersburg, may have
the opinion of a standard authority
upon such proceedings;
"a civil war breaks the bonds Of
society and governments, or at least
suspcnds their force and effect, 1t
produces in the nation two indepen-
dent parties who consider each other
as enemies and acknowledge no com
mon Judge. Those parties, there
fore, must necessarily be considered
a S thcncoforward constituting, at
least for time, two separate bodies,
two distinct societies. Though one
of the parties may have been to
blame in breaking the unity of the
State and resisting the lawful au-
thority, they are not the less divided
in fact. Besides, who shall judge
them? Who shall pronounce on
which side the right or wrong lies?
On earth they have no common supe-
rior. They stand, therefore in pre-
cisely the same predicament as two
nations who engage in contest and
being unable to come to an agree
ment have recourse to arms. This
being the case it is evident that the
common laws of war, those maXims
of humanity, moderation and honor
commonly observed, ought to be OBJ
served by both parties in every civil
war For the same reasons which
render the observance of those max
inns a matter of obligation between
State and State, it becomes equally
and even more necessary in the un-
happy circumstances of the two in
censed parties lacerating their com
mon country. Should the sovereign
conceive he has n right to hang up
his prisoners as rebels the opposite
party will make refusals, or to des-
troy their country they will rctaliate.
The Duke of Alva made it pract'
ice to condemn to death every pris.
oner he took from the Confederates
in the Netherlands, They, on their
part, rctaliatcd and at length com
; PEELED him to respect the law of ma
tions and the rules of war in his con-
duct toward them.