Nebraska advertiser., 1861-05-09
- - Il

we ~ q
.ot all Commercial cores.
cousse, aai dea l4g betWeeau
Of the two countries. The i9s.
commercial intercourse or paelss
can lawfully subsist between s
OF The Pow rs Of var. except
clear and express sanction o. N.
eminent aud without q SPECIAL
Is utterly inconsistent with ths new
Of duties growing 0ut OF a stare g
The mterdIctlon lows, necessarily
the principle already stated. that
Of war pats all the memhers Of H.
nations respectively IN host1tg q
other; aud 90 suffer individual. n
or a Friendly or commercial l~p,.s
winnie tae two Governments 81.
would be placing lhe acts e -G,vr-
and he acts OF individual, n ror,r
uon 90 eaeh osher Il would count,
Tie epaTeu1us 81 war AMI -h-w
e.es uithe why N he pa elton,
lead TO disorder u~utecil!iy all. tr-
Trading uVpoSes the existence II
contracts aud relations. and a rah
&c courts Of Justice; aud IL Is, lksrf,
necessarily contradictory iua s.za
war. IteGords aId 10 an enemv
etiectual manner, ~ enabling De
chants Of the enemy country io srr
theIr Government, and it f1c.uta
means Of conveying iuteiligrr &C. aul
rying on a traitorious Correspoldeuee Il
The enemy.
These considerations apply with ra
liar force 10 maritime States, where
principal object Is 70 destroy the mar
aud commerce Of The enemy 10 orl,r ,
force them 10 peace. LISA weI.ses
doctrine in lbe English courts unt
the English ~juri>ls that there cannot =
ist, at the same time, a war for sr
and "A peace for commerce. The
pats an eud al oure to an d,Hlpg OBJ 4.
all communication with each .UEfr. ~
places every individual Of lhs rrspe
/ Government. As we'll as The Gpyrrua.s
/ themselves, IN u state Of hosJiuv. T
is equally the doctrine OF all The al,
tatfve writers on the law Of ualIua, a.
of the marltime ordinances If Ed
great Powers of Europe. ls Is s.a
the received law Of tins country .au. Ca
30 decided frequently by The C.ugr.
of the United Statrs during lhe Rrr
tlouary war; and again By the SuFr
Court of the United States, during o.
course of the last war; and his ddioaa
conceive of a point Of doctrine m0rrd-f
~ or extensively rooted m the grn1
maritime law OF Europe, ami ~ tbe .a
versal and immemorIal usage G. D..
whole community Of the eyliizd vrl.
II follow as a necessary cIu>rg4ur
of thr doctrine 81 the illegally Of oil t.
trrcour,e or traffic, with ut eyps IS pr
mls ION. that all contract, vItu OBJ i.a
made durIug wal ur- utterly I'D
insurance ct ,utmy property r mo
gal contract b,cau-e u Be- "a specs 90
aud ~uercvur-e with iug emmy
drawing ut a bill OF x urg.
alien curmy. ON "a sUbjyct ou lHr dI'.
country, Is an Illegal AID VOID ca'l
because % Us a communication 1lt
tract. The paTChase OF balls ga
my : country. or the Remission au' q
Il of funds there, isa daugtrou a.t
gal act, because u may re rhcr-hi.-
resources and relieving tic warts
enemy. The remission % fond u
~, or balls 10 subjects of tha t..n
unlawful. The mAibui1o reach Ole
cry communication direct ar efa
Ali cad, av0rs to trade VITA III
ly the Intervention Of third persons
~ partnership, have equally iai-d. i4
no. uruicr has succeeded ID b"gaik 20
trade without the Express PERMISSION
the Government. Evrrv reIaxa''as
the rule tends 10 corrupl ths alIrgaa-r
the subject, and prevents The war if-
fulfilling III end.
The only exception 10 his slrd
rigorous rule Of international JnH1
deuce IS the case Of ransom. si.'.
they are contract Of necessity lml
ON a state Of war. aud e~ngeulr[,a
It's violence. II is also a iurtLsI
sequence Of the inability Of tse al'
OF the two States @. commune or ~I
on any correspondence OF bushes
gether. thai all commercial Partn.'
existing between the subjects Of tIs
parties PRIOR to The war, are disso.T,a
the mere force aud act Of lhe war
though other contracts, cx-unE fiI'
the war. ar5 not extiuguisAtd. t'
remedy is only suspended, and
the inability Of an alien Enemy psi.
10 sustain. in the lauguage OF ihe
ians. a persona stimuli az jadiJ5
Of this doctrine respecting ia-
Of any cntnneTcIa, mtrft'
tween the inhabitants OF two ma.
war was extensively reviewed, a".
principle auth"ritie5. aucisut anf m
foreign AID dHmasli wers
examined aud the positions wh-'4
Iaid down establish. q IN ~
Jf GriwulI W Wadd ngi9n, d.ca
the S.prrm- Court ofthis State, al'
forwards affirmed on error.