Martyria; or, Andersonville PrisonHamlin, Augustus C. (Augustus Choate)
History
Martyria; or, Andersonville Prison
Hamlin, Augustus C. (Augustus Choate)
Andersonville Prison; United States -- History -- Civil War, 1861-1865 -- Prisoners and prisons
14. Military necessity, as understood by modern civilized nations,
consists in the necessity of those measures which are indispensable for
securing the ends of war, and which are lawful according to the modern law
and usages of war.
15. Military necessity admits of all direct destruction of life or limb of
armed enemies, and of other persons whose destruction is incidentally
unavoidable in the armed contests of the war; it allows of the capturing
of every armed enemy, and every enemy of importance to the hostile
government, or of peculiar danger to the captor; it allows of all
destruction of property, and obstruction of the ways and channels of
traffic, travel, or communication, and of all withholding of sustenance
or means of life from the enemy; of the appropriation of whatever an
enemy's country affords necessary for the safety and subsistence of the
army, and of such deception as does not involve the breaking of good
faith, either positively pledged regarding agreements entered into during
the war, or supposed by the modern law of war to exist. Men who take up
arms against one another in public war do not cease on this account to be
moral beings, responsible to one another and to God.
16. Military necessity does not admit of cruelty,--that is, the infliction
of suffering for the sake of suffering or revenge,--nor of maiming or
wounding, except in fight, nor of torture to extort confessions. It does
not admit of the use of poison in any way, nor of the wanton devastation
of a district. It admits of deception, but disdains acts of perfidy; and,
in general, military necessity does not include any act of hostility which
renders the return to peace unnecessarily difficult.
27. The law of war can no more wholly dispense with retaliation than can
the law of nations, of which it is a branch; yet civilized nations
acknowledge retaliation as the sternest feature of war. A reckless enemy
often leaves to his opponents no other means of securing himself against
the repetition of barbarous outrage.
28. Retaliation will, therefore, never be resorted to as a measure of mere
revenge, but only as a means of protective retribution, and cautiously and
unavoidably; that is to say, retaliation shall only be resorted to after
careful inquiry into the real occurrence and the character of the misdeeds
that may demand retribution.
33. It is no longer considered lawful--on the contrary it is held to be a
serious breach of the law of war--to force the subjects of the enemy into
the service of the victorious government, except the latter should
proclaim, after a fair and complete conquest of the hostile country or
district, that it is resolved to keep the country, district, or place
permanently as its own, and make it a portion of its own country.
Public-domain text, read in full here on John Shaqi.
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