The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1878-02-09
RELICS OF TIE WAR.

1t will be remembered that last June
several editorials appeared in this paper
treating OF the suits which had been IN
stituted to recover property taken for the
benefit of Tire Confederate army during
the war. Ia Hampshire, Hardy, Mineral
and IN fact all through that tier of cOun-
ties. many such suits have been brought
to recover damages for taking cattle
horses and other property. The plea OF
the defendants has uniformly been that
of "belliserent rights" or IN other words,
they were simply obeying tho orders OF
their superior officers in time Of war,
and not acting in IN Individual capacity.
The lower courts ruled that these pleas
would not be admitted and rejected them
all and the Court Of Appeals prior to
the adoption of the present constitution,
sustained them IN their action. In n
number of cases the lower courts held
that any one of the Confederate soldiers,
WAS responsible for the acts of any other,
thus placing them on footing with
conspirstors and deprivinG them
of every right which the Con-
stltution had bestowed upon them.
The courts thus holding, p very large
number Of judgments were had against
persons who were soldiers in the Con-
iedorate army and supply agents of the
Confederate Government. Among these
cases were those OF L. KITZMILLER VS..
John T. PEAECE, which vii! DO remem-
berod from the fact that last spring y
number of PEAhCE'S cattle were attached
near Oakland, Md, upon judgment OBJ
tanned in Mineral county,) and of John
s. ARNOLD vs.. b. +. KELLY.
As the story of the latter case is
of interest in this city. We will tell it
as it is told in Vol. ", W. Va. Reports:
Gen. Il. r. Kelly testified that din the
vesr 1861, the citizens Ct Wheeling pre-
sented him with horse, the same for
which this suit is brought; that the night
General Crook and himself were csptur-
ed BY the rebel forces at Cumberland,
Nd, to-wit. on the Dist day of February,
1865. the said horse was NJ Cumberland
IN his possession; and the next day he
saw the defendant, John ). Arnold, rid
ing the horse along with the company OF
rebel cavalry, commanded by Captain
Mcneil, which had captured the witness,
and WAS carrying him prisoner to Rich
mOnd, Va.
Witness asked Mcneil to keep the
horse until after the war, when he would
pay large price tor him, IS he valued
him highly from the manner in which
he came in his possession.
In the winter OF 1866 witness saw
General Rosser, formerly of the Rebel
army in Richmond, and told him he
would like 70 have the horse returned.
General Rosser said the horse was badly
wounded. and was in the hands of his
orderly VI Stanton, Va. At the sug-
gestion Of General Rosscr, witness re-
Ceived an order for the horse from Gen.
ersl Terry, U. 5. Commsndant At
Richmond, and thst the horse
was obtsined and left with Colonel Hsr-
mon. OF Stanton, but that he wa3 un-
fitted for use snd has cost, up 10 the |
time this suit WAS brought, $500. Wit
ness would not have taken $500 for the |
horse"
In March, 1869, s judgment was OBJ
tanned for $3.50. The present CoKst,tu.
ton of the State, which was adopted by
the people at the August election, 1872,
hiss this provision;
"No citizen Of this State, who aided or
participated in the late wsr be!wees the
Government Of the United States and
part OF the people thereof
on either side shall be liable In any pro-
civil or criminal, nor shall his
property be seized or sold under final
process issued upon judgments or DEGREES
heretofore rendered, or otherwise because
of any act done according TO the ussges
# civilized warfare, in the prosecution
If said wsr, by either OF the parties
hereto"
Following this provision in the Con-
tltution, the Legislature passed an act in
March, 1873, authorizing the Court, upon
roper petition being filed, TO set asidesuch
Judgments heretofore rendered and grant
lew trials. A large number of petitions
we're entered in such cases, and the two