The weekly mountain Democrat. [volume] (Placerville, El Dorado County, Calif.) 1861-1862, 1861-11-16
REBELLION and civil war.

We know Of no particular advantage
which either party to the war has thus
far derived from the fact that the South.
ern movement has been dcnam:uatcd a
rebellion, aud those engaged hl II icbel>
and traitors. 1t has certainly led IL >cr-
Gus complications in our foreign diplomat.
ic relations, and been productive of great
Inconvenience to the inevitable inter COURSE
between the two sections at home .AS
privatecrshIen taken upon the high seas
have not bren treated aS pirates :; as cap.
tves taken in arms against the govern
mcnt have been released or held aS-priSo-
ncrs OF war; rs flags Of truce have re-
peatcdly been exchanged between the con-
tending parties, and distinguished visitors
permitted to pass and rcpaSS between
their lines, we see no possible good in per-
SiSting in position which has only been
an injury to those who adhere to it, Be-
81 eS, it is recognized by all intelligent
minds to be a mere point Of etiquette,
which, while it subjects thousands of gov
ernmrnt soldiers to a prOtractc1 imtIi>.
onmcnt and denies its gallant dead Il
friendly burial, is well known t. have no
foundation in the muuimcntS Of the pub.
lie law of nations, and has been 80 regard
cd hv the leading nations Of Europe.
We contend that nothing eau bc further
from the truth than that the movement at
the South could at any time. in view Of the
received maXimS Of National law, he prop.
rrlv STYLED rebellion. The standard
writers upon this code, PutTtndorIE, Gro
tiouS, Nattcl, Wheaton and others whose
exposition of the fundamental lrinciplrS
ol the system have constituted the basis
of the IN; recourse and practice of all civ
iizrd lationS, will be found, il consulted,
( to describe in the clrarc>t manner, the
precise attitude Of affairs in this country.
Us a state of CirH Var aud not that Of II
rebellion or instruction. The positive
and lucid language Of Nattcl, hose rX.
hauSlivc treatise has for more than a cen.
turv constituted the lMIc mcc"m of en-.
ightencd Statesmen, SITS the point 1T
once to rest.
This writer says: "Whcn in n Rrpuh-
he the nation is divided into two opposite
factions, and both sides take arms, this is
cicH War." Use he says, appropri.
atcS the term civil war to trrrY ~dr be.
.
political society" Even in a monarchy,
when the Sovereign is opposed 10y II suili.
Gent force to render lr+sj+<Ir resort to
war necessary, he must hr cDhtcntcd with
the term civil war. This condition Of
things il is insisted by the publici>t quo.
ted, produces two independent parties in
the State, regarding each other a. cncinirS
and acknowledging on earth 10 common
Judge, and are required to observe towards
each other the common laws of war, and
al. those maxims of humanity, moderation
and prohity which belong to the custom
of civilized warfare. This state OF things
is expressly contra distinguishing from
@Iiti0r, inSVFrcciiOh or ret, Ni0h. The
former Is said 10 exist when Il conrrurSc
0f people tumul;uon>ly aS>rni,,. and re-
SiSt the authority Of the magistrates, but
when this evil spreads, injecting large
communities, it is tcr!n,d instruction nr
rebellion. These evils are to he suppress.
cd 10y the ordinary powers Of the sovcr-
eign, and is even imprudent and iniu.
man To treat his offending subjects with
too great harShnCSS.
But, as before stated, in the condition
OF civil war, The parties are III Nil respects
equal. and all the rights Of war must be
cxtcn'led from the conIucror To the con-
quercd.
The above is but brief summary II
the very excellent di>qni,ition of this wri.
ter upon the subject, but Is sufficient to
| place the ,rca,lrr in possession of nm an.
thorizt,l exposition of the difference LACED
by the laws Of nations between rebellion
and civil war -Btlfimore-Htp"hlicdn.