Hsad Quarters, First District, Department Mississippi )
and East Louisiana- >
Tangipahoa, La., July 15, 186& ,. _./)
TO MAJOR GENERAL BUTLER,
Commanding Untted State^'Fore^s, (i
New Oceans, Louisiana.-
General: — I have received petitions from Officers of the 1st Re*
giment Louisiana I'artizm R ingers, touching tlie case of Henry Castle,
Jr., a private of company H, of that Regiment, and also, an application
respecting Tiios. C. Pennington, a private of Capt. Wilson Tate's compa¬
ny, of the same Regiment, and I deem it expedient to request your early
consideration of the subject. ^
It appears that private Castle Was captured by a detachment^of Federal
troops in the vicinity of Ritoa Rouge, on or about the seventh of the pre¬
sent month, and private Pennington, on or about the 28th day of June,—
that they Were taken to New Orleans, and are held either there, ok at onp
of the Forts in the vicinity, in close confinement, with the threat, that they
are to be tried and executed as members of a Military Organization not
Sanctioned by the laws of civilized warfare. It is to be observed, that the
"first greaL.liriy_ of nature, the right of self defence, is inherent in communi¬
ties as well as individua's. No law condemns ihe individual who slays the
robber or the assassin ; and no just law can condemn a community for
using all its power to resist the Invader, and drive him from their soil.
The oxcrGise of this right, so universally recognized, becomes an impera¬
tive duty when the invader, as has been the case with the Federal troops
in this district, disregards those rules of Warfare recognized and respected
by all civilized nations, and adopts that code which has heretofore been
confined to the rudest savages.
The proof of this, is unfortunately too abundant in the vicinity of Baton
Rouge. It is attested by helpless women and children flying from their
burning homes; by the desolation of plantations—by the plunder of private
property, and the wanton destruction of growing crops. Such acts are
crimes against humanity, and justify all men in taking up arms against
their perpetrators.
The Independence of Nations has rarely been achieved, by regular Ar¬
mies. Our own Revolution—that revolution which successfully established
the great principle! for which the Confederate States a're now contending,
that "all Governments derive their just powers from the consent of'the
governed,"—was riiainly fought out by men who left the plow at the news
of the enemy's approach, and returned to it when he had been driven back.
It may be conceded that in Europe, where the Governments mainly rely
upon large standing armies, which are, a3 much as possible, disconnected
with the"people, and where the policy is to prevent the people from bear^
t 2 ]
ing arm?, under .almost any circumstances, sonic very absurd refinements
on this subject have been asserted, and to some extent tolerated. But
such doctrines have never been recognized on this Continent,—the United
States, especially, has always repudiated them.
The various Revolutions which have agitated the Central and South
American States, have been conducted by the people, frequently without
leaders, other than those chosen upon the spur of the otcasion, to direct a
single enterprise. And, to recur to the Revolution of our Forefathers, the
history of that immortal struggle abounds with instances, where the hardy
yeomen, as at Lexington anil Bunkers Hill, were like the Clansmen of Rod-
trick Dhn, called by a concerted signal to some " Lanrick Mead," and
there selected their officers upon the very field of battle.
' But, whatever difference of opinion may exist on this point, it has never
been claimed, even by the most stringent advocates of legitimacy, that one
Belligerent has any right to complain of the name or form which the other*
may choose to give to its military organizations. The right to ndapt these
to the peculiar service required, has been universally conceded. - So far, in¬
deed. lias this practice been carried in Naval warfare, tlpit privatecrsincn,
" the Militia of the Seas," with charters as broad as the Ocean's bounds,
are recognized as legitimate among belligerents. And iiqw, indeed, the ex¬
traordinary spectacle is presented to the contemplation of civilized man;-fa
this boasted Nineteenth century of the Christian world, of a Nation, claim¬
ing to be civilized, in violation of its constitutional obligations, inaugurat¬
ing, deliberately, servile war, by stimulating the half civilized African to
i aise his hand against his master and benefactor, and tluis make war.upon
the Anglo-Saxon race—war on human nature !
This, with the Federal Government, is legitimate warfare; but the de¬
fence of their firesides, by Southern citizens, is Treason and Murder ! In .
military'organizations, the Polish Lancers, French Zouaves, and British
Corps of Scohts and Guides in the late Eist Indian war. arc cases in point.
The Confederate States claim and have exorcised this undoubted rigbfe
TTie formation of Gompanies, Battalipfis and-Regiments of Partizan Ran¬
gers has beeir specially authorized by an act of Congress. The officers of
this corps arc commissioned ; the men are regularly mustered into service,
receive; pay, rations, and equipment from tlie Government, and arc entitled
to the same privileges and governed by the same regulations as all other
troops in the Confederate service. It is not perceived therefore, what
pretext can be offered by the Enemy for subjecting the members of this
corps to a different treatment from that extended to other prisoners of
war. Certainly no such distinction can be recognized or tolerated by ns.
The Government having called these men into service, is bound by every
obligation of good faith to protect them to the extent of its power ; and if
found ncccsaary for their protection, as well as for that of numerous unar¬
med citizens who have been subjected to outrages unpaipllelled in civilized
warfare, will not hesitate, I feel constrained to declare, tq resort to retalia¬
tion, even to the extent sanctioned by the Jewish law, "an eye for an eye,
a tooth for a tooth, and life for life."
I await ait answer, containing an explicit declaration of the intentions of
tlic1 United States Government respecting these prisoners^.
Very Respectfully, -
Your Obedient Servant.
DANIEL RUGGLES,
Brig. General, Com npwu ling District.