The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-01-16

tinctly by earlier jurists than VArrEL or PUF-
FErDoRF. II was the doctrine Of the Civilians.
"rhose are enemies" (hosteS,) says the Ro-
man jurist PoMPoNlus, "who publicly declare
war; others are robbers or plunderers, (atrones
" aut predones.") ULrIAN lays down the rule
in nearly the same words. ale is an enc
my" says CICERO, "who has State, ju-
dical courts, a treasury, the consent and
agreement of citizens, and the capacity of
making peace and treaty." These civil
law doctrines are received by GRoTIUs
as the law Of nations, and are SO cited and
considered by Justice STORY, in delivering
the judgment of the Supreme Court in the
case of The United States vs.. Smith The
words hostes and latrones, ''enemies" and
robbers" are used by Ivy to deno,e--the
first, those who have right to make war; and
the latter, those who make war without right.
Those who set on foot military expeditions
against law are styled habitually by the Roman
historian ''latr0nes" or s'robbers'--'prp-
dones" or "plunderers;" and if their expedition
is on the sea, "pr9dones maritimi," or ''pi-
rates" Men who embark in an armed ex-
petition, without the authority Of com
mission, or the protection of flag, if they
commit depredations upon public or private
property. at sea, are pirates; and if upon
land, are punderers and robbers. Such is
the law of the world This view Of the law
is fully sustained by the of SMITH, to
how ahn oil Ind oDI in xVb ch
the Supreme Court held that SMITH and his
associates were freebooters upon the sea, and
pirates, for the reason that they "were not un-
der the acknowledged authority, or deriving
protection from the flag or commission Of
& any government" And in his very learned
and elaborate note upon this judgment, Mr..
Justice STORY says: "Pirat9: latrones, pra-
dones, are used to denote the same class Of Of
tenders; the first term being applied to rob
bers or plunderers on the sea, and the other
to robbers or punderers on the land"
The whole doctrine in the view we contend
for is very clearly and succinctly summed up
in the article WAR in the Encyclopedia .4neri
cana, from the pen, We presume, of Mr.. JUS
tice STORY, who furnished many Of the papers
in this department Of that valuable work. SIN
dividuals have no right to commit acts of hos
tility, except in obedience, wittout COM
mission from the proper authorities, and are
liable to be treated as pirates and robbers IF
they undertake hostilties on their o,cn respon
sibility" So Mr.. JEFFERSON, then Secretary
of State, in his letter of June II, 1898, to
Mr.. GENET, denying the right of foreign
government to enlist citizens of the Uni
ted States within our territories in her service.
places his denial upon the ground that, by
the law of nature, "Man is at peace with man
till some aggression is committed which by
the same law authorizes one to destroy an
other as his enemy For our citizens then to
commit murders and depredations on the
members of nations at peace with US, or TO
combine to do it, appeared to the Executive,
and to those whom they consulted, as much
against the laws Of the land as to murder or
rob, or combine to murder or rob its o,rn citi
Gems, and as much to require punishment, if
done within their limits, where they have a
territorial jurisdiction, or on the high seas,
where they have personal jurisdiction, that
is to say, one which reaches their own citl-
zens only; this being an appropriate part of
each nation, on an element where all have a
common Jurisdiction. So say our laws, as we
understand them ourselves"
If the PRESIDENT, then, has erred in the
language employed in his proclamation to de-
nounce the offences therein contemplated, he
has erred by using the terms employed by the
1axU bo Ia nfp afIn ha no
Court of the United States, and Mr.. JEFFER-
SON himself, to denote the crimes against which
he solemnly warned his countrymen. lie de-
signed TO open the eyes of men to the guilt of
crime into which they were rushing. He
wished to impress upon them that, if they
coveted the islands on both sides of the CONT
nent to the "main channel'' Of the two great
seas, a mere private expedition against them
would be regarded by the law Of the civilized
world as an adventure of robbery and plum
DER"
If we relied merely upon authority of the
most eminent civilians and jurists, or that of
the Supreme Court of the United States, we
are aware that we should accomplish but little
in sustaining the policy of the Administration
against the new policy of Senator DOUGLAS
and the DEMOCRACY. We could not rely TO a
great extent even on the opinion of Mr.. JET
PERSON but since The party are turning back
with such singular alacrity and such barmo-
NOUS cooperation, to the leaders Of the old
Democracy, and are looking forward with such
high expectation to the restoration of the VAN
BURENs in the success of General VIM. o..
BUTLER, we hope that the example of Mr..
VAN buren, may be permitted to justify the
course of President FILLMORE, and the policy
which is 50 much opposed to the policy Of
Young America:
BY THE PRESIDENT OF THE U. S. OF AMERICA.
A Proclamation.
Whereas, there is too much reason to believe
that citizens Of the United States, in disregard OF
tho solemn warning heretofore given to them by
the proclamations issued by the Executive Of the
General Government, and by some of the Govern
Of the States, have combined to disturb the