The Last Ninety Days of the War in North-CarolinaSpencer, Cornelia Phillips
History
The Last Ninety Days of the War in North-Carolina
Spencer, Cornelia Phillips
North Carolina -- History -- Civil War, 1861-1865; United States -- History -- Civil War, 1861-1865 -- Campaigns
"Such conduct has been condemned in all ages by the wise and virtuous,
and it is usually punished severely by those commanders of disciplined
troops who have studied war as a science, and are animated by a sense
of duty or the love of fame. We may infer the opinion of Xenophon on
this subject, (and he was a warrior as well as a philosopher,) when
he states, in the _Cyropoedia_, that Cyrus of Persia gave orders to
his army, _when marching upon the enemy's borders_, not to disturb
the cultivators of the soil; and there have been such ordinances in
modern times for the protection of innocent and pacific pursuits. If
the conqueror goes beyond these limits wantonly, or when it is not
clearly indispensable to the just purposes of war, and seizes private
property of pacific persons for the sake of gain, and destroys private
dwellings, or public edifices devoted to civil purposes only; or makes
war upon monuments of art, and models of taste, he violates the modern
usages of war, and is sure to meet with indignant resentment, and to be
held up to the general scorn and detestation of the world." (Part I.
Sec. 5.)
To this authority may be added a still more modern and binding
exposition of the laws of war. _Halleck's International Law and Laws of
War_, written and published in 1861 by an officer of the Government,
and for a time a major-general and commander-in-chief of the Federal
army, may be considered as the latest and ablest summary of the best
authorities on these subjects. It was in the hands of General Sherman
and his officers, and its decisions may be regarded as final. Nothing
can be more explicit or more emphatic than the following extracts.
First, as to general right of war in an enemy's property (on land):
"The general theory of war is, as heretofore stated, that all private
property may be taken by the conqueror; and such was the ancient
practice. But the modern usage is, not to touch private property
on land without making compensation, except in certain specified
cases. These exceptions may be stated under three general heads: 1st.
Confiscations or seizures by way of penalty for military offenses;
2d. Forced contributions for the support of the invading army, or as
an indemnity for the expenses of maintaining order, and affording
protection to the conquered inhabitants; and 3d. Property taken on the
field of battle, or in storming a fortress or town.
Public-domain text, read in full here on John Shaqi.
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