Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-06-19


TIE INTERNATIONAL RIGHTS or BErxlaERRST NATIONS
In the great family of nations. soverp;on s,.,os
IN mary respects occupy the same relative ,s;T;
toWards each other that subsists between
governments and their subjects or Citizens For
osAses are regaraea as moral agencies having GER
tam paramount duties and obligations to perform
as wei 2s corresponding rights to enforce T1a
duties and rights IN peace and war COMPASS the on
J tire scope of international law and are devis;hia
INTO the t'ter7idt laws of nations such as exist me-
tween each separate sovereignty and its el.;zons
and the external laws of nj tons such AZ s,,s;st b
tween the same and all other independent sover-
eighties. Before the augment bar of nations. be-
! fore that higher and ultimate tribunal of Proyi
uence irrespective OF greater extent of popula ton
or empire, all independent States stand upon the
same platform of equal rights and responsibilities
: possessing the same importance of rank and DIG
| nifty. From higher antiquity, from greater world
renoWn IN mere matters of ceremony, or inoffen-
SI'e courtesy among States, precedence on parhcp-
lar occasions IS conceded to nations, but never in
rights or obligations. When important disputes
arise among independent States and the ordinary
expedients of pacific arbitrement fail such as com
promises, mediations, congresses, and anbassado-
ari conferences, or the taeit acquiescence in Il e
claims OF the other party then the last recource
to arms-the God of battles. Here Our subject le-
Ultimately begins.
Every sovereign State possesses these iualienable
defence. the preservation of the Iber-
ties and felicity of its.cizens the protection and
promotion of their varied interests. Therefore
any independent Power has the indubitable
| right in the security and perpetua ton of
their rights to declare or wage war
War, when it exists, may be of a restricted
character, SUCH IS the case when it confined to
| reprlsais mere relation or some lenient mode of
redress or it may be of UNRESTRICTED or general
character then it extends to hostilites on land and
sea, and embraces the citizens Of such belligerent
States In whatever part of the globe found. When
! the momentous exgency arises each State is left
| In,
| ever iniquitous and criminal may be the motives
that may instigate this fearful resort yet every
State, in its public proclamation of war seeks by a
narration of causes to justify itself before the bar
of nations, and the more impartial adjudication of
posterlty Such of late has been the course of the
perfdious and despotc administration at Washing
| ton. War may be declared two ways-infor7ndlhJ
when actual hostilities commence formally by pub
lie enHncatiOn. By the Constitution of the United
States Congress alone declare war; and il cannot
legtlmately exist with the United States except by
such declaration And yet the imperial souoQue of the
North, by the advice and consent of his ministerial
Lords, have deliberately and defantly usurped this
prerogative of popular sovereignty. For indeed in
all monarchies and despotisms this is deemed the
| essential prerogatiVe of sovereignty. Why may
not Lincoln, after his other usurpations, exclaim
like Louis the XIV. Il am the Staten-all above me
IS intangible power all beneath is absolute sub
| lection.
When this bastard or mimic Caesar of Northern
fanatiesm with his alliates shall behold the start
ling consequences of their insane war against US
the wreck of armies ana navies the pilage and con-
Migration of towns and cities the appalling destPuc-
ton Of lives and property, the desolatiOn of States
| hear the whitening curses of furnishing poverty
| OF the frlendess and h0meless-then shall
| retributive Justice in tones louder than cannon
| thunder remind them, ''thst he that takes I'D the
| sword shall fall it," The Executioner already
stalks at their backs. Let them loose but one great
| trick in their game of usurpation and subju-
CATION, and the fearful giiotine or the malefaetors
gdaOos will be the last spectacle that their startled
| visions may behold.
The declaration OF tcar not only established state
of hostility between the begerent nations in their
sovereign capacity, but also between sill the citizens
| OF these States wherever existing By the inter-
national law of nations, all traffic and commercial
dealings of every character is inteFdicted. Hence
entering into contracts with an enemy making re-
mlttances to him, or paying debts, deemed lille
| gal intercourse with him because it may inter-
fere with the national policy and paralize the ope-
ratlons OF war. Such, too, is The imperative law
| with regard to an ally. All such property of the
citizen or ally found engaged in this illicit com
merce trtttOt the license Of the government. may be
captured, and will be condemned by the Prize
Courts as enemy's property. Because their claim
cannot be admitted, being based upon violation of
the law of nations Property engaged in this cons
meree cannot escape condemnation though the
trade be carried on indirectly with the enemy's
ports or through those of neutral If vessel is
captured during the same voyage in which the of
fence Of illegal traffic was committed or after it is
committed in return voyage, the same rule of
confscstion would apply as in case of breach of
blockade and contraband of war
Seizure and coptiscGtiOn of enenys property
found within the territorial limits of the beis
ligerent States. II has been decided by the
Supreme Court OF the United States" that enemy's
property found within the territory of the United
ates the declaration Of war could not be sez-
ed and condemned as q prize of war, without some
legislative act authorizing its coniscaton That the
mere declaration Of 1ar. did not by its own operation
vest the property of the enemy in the government
to justify judicial proceedings for its seizure
and confiscation. 1t vested only the right to conts-
cate the assertion of which depended upon The
sovereign will hereafter"
This subject as well as the following we will dis
cuss fully in a subsequent article.
Debts due to the Enemy previous to the commences
ment OF hostities A mere declaration of war or /
the commencement of hostities will not of itself
suffice to confiscate the debts of an enemy. The |
courts Of Great Britain and of the United States
have decided that this prsrogative of confseation
may be exercised by the Crown of Great Britain or
by the Congress of the United States and compel |
their payment in the national exchequer err treasu-
ry. But until the exercise OF such a power, the
right Of the original creditor to sue for the recoye
ny of the debt Is not extingushed 1t is only sus-
pended during the war, and reYives in full force |
upon the restoration of peace. The riqht bv the
Northern Southern Congress- to confiscate the
enemy's real or personal property within its ter
ritorisl limits, or debts due the enemy is clear and
The exercise of this right depends
upon its expediency or justification. But more
anon.
Neither the President of the Northern or South
ern Confederacy, nor the Governor or Legislature
Of any State of either Confederacv can establish
any rule or pass any law, in relation TO prizes by
land sea, the enemy property in either terri
tsrial domain, or enemys debts. Because the con-
stitution of both Confederacies have coded this now
er alone to Congress. 1t is as follows: Congress
shall have power TO regulate commerce with for
eign powers and among the several States-declare
war, grant letters of marque and reprisal and
make rules concerning captures on land and sea-
w. n r