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
"In the first place, we may seize upon private property, by way of
penalty for the illegal acts of individuals, or of the community to
which they belong. Thus, if an individual be guilty of conduct in
violation of the laws of war, we may seize and confiscate the private
property of the offender. So, also, if the offense attach itself to a
particular community or town, all the individuals of that community or
town are liable to punishment; and we may seize upon their property,
or levy upon them a retaliatory contribution by way of penalty. When,
however, we can discover and secure the individuals so offending, it is
more just to inflict the punishment on them only; but it is a general
law of war that communities are accountable for the acts of their
individual members. If these individuals are not given up, or can not
be discovered, it is usual to impose a contribution upon the civil
authorities of the place where the offense is committed; and these
authorities raise the amount of the contribution by a tax levied on
their constituents." (Chap. 19, pages 457, 458.)
If the town of Fayetteville had in any way become peculiarly obnoxious
to the Federal army, one would have thought that a glance into Halleck
might have satisfied the commanding officers as to their rights and
duties there on the eleventh of March, 1865. Not a word here of
plunder, pillage, or arson. There can be no doubt that Fayetteville
would have gladly compounded for her offenses by a tax of almost any
possible amount, levied and collected in a lawful and civilized way, in
preference to her actual experiences.
Next, as to right of forage, etc.:
Public-domain text, read in full here on John Shaqi.
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