The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-08-03

confines
nations p. ]. and Table vs. Brown. Hills On. X. p.
$685. and authorities cited Kent ?. : and 5.
So in Reimbursement ". Barker ct al Atkyns P.
5I-to suit by an alien-it pleaded that the |
plaintiff an afen born and an alien minded not OF
the christian faith and upon cross bill incapable Of
being examined upon oath, and therefore dIsquhI- |
fed from suing here" and Lord Hardwlcke over |
There was no allegation that the plaintiff |
alien enemy. or an alien stranger having no inter
course. social commercial or diplomatic with tie |
country where the suit was brought: or that the |
plaintiff belonged 70 a barbarian or savage nahon
not recognizing the law, and comfy o. nations, ana
having therefore right 10 claim their benefits IN
short allegation deprivng the PNnilr q we
right of suit, allowed to alien friends by the comfy
Of nations and the plea therefore properly over
ruled-l Id Ray ~; Strange lOs2; 10 John %;
While alien friends, recognizing and submitting to
the laws Of nations, by that law entitled to prose-
personal actions, but not real alien enemies can
prosecute neither unless permitted.
The reason why m alien friend - allowed l" man
tain personal actions Is because he would be other
wise Incapacitateh to merchandise. which may be Is
much prejudice his; hut a. TO allowing hun
to maintain real actions there j. no reason for IT, be-
cause there Is no necessity that ne should settle
among Us an alien enemy l. disabled from ihe pIeiu
dice. that may 10 the King and Kingdom II he
were allowed to maintain any action. i Bacon Abr.
title alien p 20 % and numerous authofleS ciIedi
l Kent Com p. - to 50: Wharon'S international law.
! P 80 Kent. p. 80: 10 John r. 2, ~ Black
| Com. p 2t3 and notes 3D. Mod. IN Id Raym ~
50 strict t. this doctrine that even British subject
resident and carrying on trade in an enemy coun-
| try, maintain no action IN England but j. subject
| to all the civil disabilities which attach to an alien
enemy-McConne Hector. Sd Bosanqut and
Fuller R p ll3; LeBret ". PaPllhon an East 5O2'
| 10Th John lsl; Jackson Decker. llth John AIS
Brad"ell v Weeks, l3John IL Fairfax lessee) vs.
| Hunter7 Crsnch 621.
! The authorities uniform both in England and
~ thi- country. that during the suspension Of friend
~ relations al the rights ana liabilities Of the citizens
OF NE respective nations also suspended. II Is
IGTtieT settled that aliens pe1HiSst who are coInno-
RAM IN the enemies country at the time Of the sus-
! pension Of amIty, under the protection Of such
government and subject to no disability there on ac-
| count thereof
It Is further deducible from the principles and
reasoning asserted and EMPLOYED that uuder the aT
! peilatun Of alien enemies are embraced all nations
| tribes and people who not alien friends Wheth-
a state Of war or barharians or strangers to the
| laws and comfy Of civilized nations. and therefore
incapable Of their appreciation or enjoyment.
1t j. only by virtue 81 the municipal law Of each
state or nation. by the Law Of civilized nations.
whlch j. regarded a part Of the MUNICIPAL law OF
each, that aliens have any rights at all-and neither
the municipal law or the law Of nations have any
extra territorial operation. As the municipal "a" i
limited in It's operation to the territory Of the nation
by which II is established, and whose citizens have
agreed to be governed by its rules aud docs not eN-
tend TO any other nation or people, who have not
thus consented to its obligations 50 the law OF ma
lions having lts origin IN the necessities growing out
Of commercial social and diplomatic intercourse OF
or imprd assent Of such nations cannot he extend
ed 70 embrace those nations or people who neither
| respect nor acknowledge the laws of God man,
and are wholly incapable from their nature and con
| stituton Of civilized intercourse. "The law of ma
tons j. a system Of rules which reason morality and
custom has established among civilized nations AS
their public law Kent, ?. l; Black Com. p 50.
Mr.. Wharton in his work international law after
examining the definition and sources Of lnternatlon-
al law as discussed by GrotiuS. Hobbies. Pufendorf
| Rutherford. Bynkershock, Hetfter, NatteL Months
quien and Others and the character Of its obligation
and upon what nations II operates. thus defines II 4:
International law. understood among civilized
nations NAV he defined a. consisting Of those rules
Of conduct. which reason deduces a consonant to
justice from the nature of the society existing among
Independent nations with such definitions and modi-
hcatlons a. may he estghiiShc by general consent
aud further, he cites Mr. Madison. See International
Law. ?. 10.
There is then" he says in another place, " ac-
cording TO these writers, no universal lmmutable
+ law Of nations binding upon the whole human race
which mankind in all ages and countries. ancient
ana modern savage and civilized christian and pagan
| have recognized in theory in practice. have pro
| fes-ed 70 obey. or in flct have obeyed.
r The obligation of the ordinary Jus gcna0t depends
upon the persuasion that other nations will observe
the same rules IN their intercourse with Us. which
We observe towards them or if they Gail observe
these rules that they will incur the general hostility
Of nations. But this persuasion cannot exist as u
, those races of men who do not recognize our law %
: nns--Whartons International law, p 40 lst vol
l. Bnrlimaque ?. l37-s.
y Having shown. as We think, that the African il
Il neither embraced by the terms Of the Federal Con
y sututon. nor by the laws Of international comfy
/ We will next enquire how he il regarded by our mu
' Under our statutes the descendants of all femal,
IN slaves whether negro or other character or color
H. lawfully IN this State deemed slaves thus adopt
ar ing the rule OF the civil law1rus senter rcatro0r
See Hutch. Code p. 5l2 Art. !, and New Code. ,
le 25 Art l; Cobhs Law Of Slavery. p. 6s 20. An
"A 1t has been held IN this State. well other State
j. Of tins confederacy, that color Is praa fdc1e
a dence Of slavery.-rhornton ". Demoss, : NJ.
he coz; spear south 'arollna X p 2s Richardson
If = {. K p 3lA and Pa Cobb the law of slavery
~ 69 and note citing numerous other eases
"a negro by the laws of tins State. Is prnd fdcte
az save-Coon The State, Is s. NJ p. 2l9; Randa
~ vs.. The State :. NJ p. 35I our statute furthe
provides that every person other than a negro
re whose grand father grand mother, any one is
IN shall have been negro. although ms other progen
IA tors except that descending from the negro sha
re- have been white persons, shall be deemed muatt,
Of and every such person shall have oneourth pan
~ OF more Of negro blood shall be deemed a mulat;
oh Code n :. Narf spF4A Arfp
M And by the 45th Of Hutch Code. p Sic revise
ad and adopted into the New Code P 2'5 Art 3,
~ negro and muatto slaves in all courts Of iudcatuI
~ this State shall be held, taken and adjudged to
~ | personal property.
f BY these provision, it was evidently designed NJ
m only TO protect the white against political
~ citation and equality with those thus declared slav,
ed and personal property, but also with those VIII
a. though born Of white mother. yet their father
~ mothers father, or fathers mother shall have bee
&C. negro" But for the provision above, the childrt
Of white mothers by negroes, would have belongt
no to the white race following the condition Of Il
mother and been entitled To all the privileges nf c
iZeuShlp. Where. therefore, the flthar uraudfatht
he grandmother on the fathers side, shall have be'
~, negroes although the mother be a free white citizt
vn the having one-fourth negro blood. is bv III
80 article declared To- hc mulatto and classed with Fl
~, negroes and mulattueS.
~, 1t only the intention Of the Legislature so
provide that neither slaves free negroes or free pt
- sons Of color, mulsttoes should he classed
he the white race under statute they dv.t
- into three classesl lSt Slaves those lawfully he
va to service for life and the descendants Of the femal
Of them. %. Free negroes or free persons Of col,
| manilfIiltteu slaves. and their descendants
- African negroes who have never been subject
- slavery. 81. Mulattoes. intended 10 be embrace
in IN the "a article Of the lst sect Of the Code ohapI
nv 3D. OF ~uch ~ are descended ram nee Whita mot
e ers but have oneiuurth or more OF negro blood
our Statutes Therefore have NOT changed the stat
nm OF tho An1'an race born aud residing arnona
- except far a. to protect their existence and
NJ secure their comfort consistently with the proper
~ condition. Their descendants ~ the maternal III
~ primd dcic slaves the property 81 some one:
~ matter what their color or approximation 10 I
,rn white race physically or mentally. But alien fr
VI negroes muattoes. by the S0th Art. l. Of the
ft code readopting the Old law are expressly prohi
- ted from coming into this State and on ten DAYS
=" tice o leave the Sate-for noncom pliance-;hty Il.
nay he caught captured bv warrant. and w Older
~" the Board Of County Police Ual We SD nto slave
y; for life.
neh - therefore. the policy Of this State to nterd
al all intercourse. commerce and comfy with this ~,
a. And by law expressly provided enforce the stri
est doctrines Of the ancient law applicable 70 ali
rea enemies except as e life or limb against them.
e enslave them for life If they iss0 sst lhelr ret
win our soil and omit % e'u On notice Of ten daysa
ana this nos upen t6e pnpcpie supposed ny of
~ u,Ity iLLumaI,y or UNI ndness "a such inferior
VII hat on The great principles Of self preservation, viii
'" have induced civilized nations in every age Of
,a world to regard them only fit for slaves; a. who
- incapable morally and mentally. Of approaching
" practiclng without enlightenment the principles a
precepts Of the Divine and natural law. gpGli VIII
non the laws Of international comitv ere suundea In
pm entire absence Of all lar eonfgriug such right
the African c'H gellLer IaAe nor mold property IN 4
@ state. ~ Deed oT devise, by descent or puVchsSy
,rv cept those free persons Of color who aye gesdl
aiP here perBsiSSb.
,Tn The freed negro docs nat become a citizen by
that ~ g.. - ~ ~ $500, ~ uie N't
Mar, - ri ~ ,,h ~ i, NJ ~ 'INl aud pol,Ical Ilgu
IL acts, comforting civil and political rights notwi
standing manumisson, he stands in the position
,.b an alien friend or alien enemies "perpssSi or 81
: in cially permitted by law. Hence. free neqraea IL
90. State, lawfully here, capable Of III Ihose cas-
be- 80 az s'''fy' - va sae - fsteasltEt
aii 23si
y Of ny hee nesr'"s "f persons OF color not SO 8
hnt laws and policy entitled TO such rights III
- ~" "a he regarded alien enemies. strangers "a
ire hlhted, and without the pale Of comfy and nrzba
In OF acquiring or maintain rights Of propeEty
- state, which will be recognized hy On. courts,
- II follows from these view: that the Request
frt free woman Of color ~ she appellants testator
! ~ void and t, gRr deofse Of the Probate Court sho
las , y aihtiNed, HRRI,