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
Looking upon these men only as property upon your theory of property
in them, we do not see how this claim can be made, certainly not how
it can be yielded. It is believed to be a well-settled rule of public
international law, and a custom and part of the laws of war, that the
capture of movable property vests the title to that property in the
captor, and therefore where one belligerent gets into full possession
property belonging to the subjects or citizens of the other
belligerent, the owner of that property is at once divested of his
title, which rests in the belligerent government capturing and holding
such possessions. Upon this rule of international law all civilized
nations have acted, and by it both belligerents have dealt with all
property, save slaves, taken from each other during the present war.
If the Confederate forces capture a number of horses from the United
States, the animals are claimed to be, and, as we understand it,
become the property of the Confederate authorities.
If the United States capture any movable property in the rebellion, by
our regulations and laws, in conformity with international law and the
laws of war, such property is turned over to our government as its
property. Therefore, if we obtain possession of that species of
property known to the laws of the insurrectionary States as slaves,
why should there be any doubt that that property, like any other,
vests in the United States?
If the property in the slave does so vest, then the _jus disponendi_,
the right of disposing of that property, vests in the United States.
Now, the United States have disposed of the property which they have
acquired by capture in slaves taken by them, i.e., by emancipating
them, and declaring them free forever; so that, if we have not
mistaken the principles of international law and the laws of war, we
have no slaves in the armies of the United States. All are free men,
being made so in such manner as we have chosen to dispose of our
property in them which we acquired by capture.
Slaves being captured by us, and the right of property in them thereby
vested in us, that right of property has been disposed of by us by
manumitting them, as has already been the acknowledged right of the
owner to do to his slave. The manner in which we dispose of our
property while it is in our possession certainly cannot be questioned
by you. Nor is the case altered if the property is not actually
captured in battle, but comes either voluntarily or involuntarily from
the belligerent owner into the possession of the other belligerent.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account