Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-10-02
The Legal Effect of Secession.

The Legal Effect of Secession.
In recent article, we attempted to expound
ssthe true doctrine of Secession" and expressed
these opinions that State has the right to with
draw from the Union if the Constitution be yo-
lated by Congress, and all attempts to procure a
repeal of the unconstitutional legislation prove up
availing; that while the State has necessarily the
right to Judge of the question of violation, dthe
other States have equal right to Judge of it
likewise, and therefore she cannot withdraw with
out being liable to settle with them this disputed
question of a breach of the compact--in othel
words, she must expect to maintain her secession
by arms and, finally, that when State thus
undertakes to resume her separate independence
as it existed before the Constitution was formed
her citizens, fighting under her banner, are to be
treated, if captured, not as rebels, but prisoners
of war. To this third position some of our friends
have demurred. Believing it to ue perfectly true,
we propose now to show that it is in strict ac-
cordance with the general principles of the law
of nations. Vattel, the greatest expounder OF
that law, in his chapter on "Civl War;" has the
following passages:
"When party is formed in State, who no Ion
strength to oppose hm-or when, in republic the
nation is divided into two opposite factions, and both
sides take up arms, this is called cipH ,rar. Seine
confne this term to JUST instruction of the
subjects against their sovereign to distinguish that
lawful resistance from rebellion, which is an open
ahd unjust resistance But what appeations will
they give to war which arises in republic torn BY
two tactlons,-or IN monarchy between two COM
petitors for the crown Custom appropriaes the Term
of cipil every war between the members of one
ami the political society. If it be between part
of the citizens the side and the sovereign and
the citizens who continue with hun on the other,-
provided the macontents have any for taking
up arms nothing further is required to entitIe such
disturbance TO the of ciU and not that of
rebellion. This latter term is applied only such an
lnsurrectlon against lawful authority is void of all
appearance OF justice The sovereign indeed never
fails bestow the appeatlons of rebels on all such
of his subjects as openly resist him: but, when the
latter have acquired sufficient strength TO give efec-
tual opposition, and TO obllge him to carry the war
against them according 10 the established rules he
must necessarily submit to the use of the term Civil
War" =
"a civil war breaks the bonds of society and gov
ernmen or at least suspends their force and effect: it
produces in the nation two independent parties who
consider each other as enemies and acknowledge no
common Judge Those two parties, therefore, must
necessarily be considered thenceorward constitu
ting at least for time, two separate bodies-two dis
tinct societies. Though one OF the parties may have
been blame in breaking the unity of the State and
resisting the lawful authority, they the less
divided IN fact Besides, who shall judge them? or
iiesf On earth they have no common superiors -
They stand, therefore, IN precisely the predca-
r1ent as two nations, who engage in contest and
being unable TO come 10 an agreement have recourse
to arms
'sThis being the case, it is very evident that the
common laws of war,-hose maxims of humanity
moderation and honor, which have already detail
ed in the course of this work,-ought be observed
by both parties in every civil For the same rea
which render the observance of those maxms
matter OF obligation between State and State ii be-
equally and more necessary in the nm
happy circumstance of two ncensed parties lacerat
ing their common country Should the sovereign
he has rIUhtf ham
rebels the opposite party will make replsals: if he
does religously observe the capuations and all
other conventions made with his enemies thew will
no longer rely on his word should he burn and ravage
they VIII follow his example; the war will become
cruel horrible, and every day more destructive to the
nation.
Whenever, therefore, numerous body of men think
they have right to resist the sovereign, and ee them
selves IN condition TO appeal to the sword, the war
ought TO be carried on by the contending parties in
the same manner, by different nations; and they
ought TO leave open the means for preventing
It's being carrea 10 outrageous extrenltes, and for
"When nation becomes divided into two parties alb
solutely independent, and no Observation-Disclosures
common superior, the State Is dis oved and the war be-
tween The two parties stands the same ground in
every respect, public between two different
nations. Whether republic be split in two factions
each maintaining that it alone constitutes the body of the
State,-or a Kingdom be divided between two
competitors for the crown,-the nation is severed
into two parties who will mutually term each other re-
bells Thus there exists in the Srate separate o
des, who pretend to absolute independence, aud be.
tween whom there is Judge. They decide the
quarrel by different nations would d.
The obligation 10 observe The common laws Of to-
yards each other therefore absoue,-lndspensah
oindng on both parties, and the which the law OF
nature imposes on all nations in transactions between
State aud State"
From these citations it is clear thai, according
TO Vattel, IT, in consolidated Republic, a eons-