The Oxford intelligencer., 1861-05-22
War. and its Duties,


We lay before our readers, on the first page
Of this ISSUE the act of the Provisional Congress
at Montgomery, recognizing and declaring the
existence of state of war between the c snfed-
crate and the United States We know many
personslwho have no clear and adequate eoncep-
ton of the effect Of declaration of war, and
particularly of the duties imposed by war upon
every citizen of belligerent State. The fol-
lowing observations, extracted from the wri-
tings Of Kent who is an acknowledged author
ity upon international Law, win repay an atten-
tive perusal
'When war is duly declared, IL is not merely
war between this and the adverse Government
in their political characters. Every man is, in
judgment Of law, a party to the acts of his own
Government and war between the Govern
melts Of two nations is a war between all the
individuals of the one, and all the individuals Of
which the other nation Is composed. Govern
ment is the representative Of the will OF all the
people, and acts for the whole society. This is
the theory of all Governments; and the best
writers on the law OF nations concur in the doc
trine that when the sovereign Of State de-
clares war against another sovereign, it implies
that the whole nation declares war. and that all
the subjects Of the one are enemies to all the
subjects Of the other. Very important conse-
quences concerning the obligations Of subjects
are deducible from this principle. One of
the immediate and important consequences of
the declaration of war, is the absolute Interrupt
ton and Introduction Of all commercial cores
pondence, intercourse and dealing, between the
subjects Of the two countries. The idea that
any commercial intercourse OF pacific dealing,
haf.r h. n a.
powers at war, except under the clear and ex-
press sanction of the Government and without
special license, is utterly inconsistent with the
new class Of duties growing out Of a state Of
war. The Introduction fioW necessarily from
the principle already stated, that state of war
puts all the members Of the two nations renee.
lively in hostility To each other and. 20 suff. J,
individuals to carry on a friendly or com-,oro;.
intercourse, while the two Gov ernmc-,s wore a
war; would be placing t..,e act Of Government
and the acts of individuals in Contradiction /,
each other 1t Tsoul1 counteract the operation.
OF war, anc throw obstacles in the way of tht
pubic efforts, and lead to disorder, imbecity
and treason. Trading affords aid to tn,
enemy in an effectual tiiahner, by enabling tn,
merchants Of the enemy's country to supper
their Government, and to facilitate the means
conveying intelligence, and carrying on trait
ordus correspondence with the enemy. Tn
war puts ar end at once to all dealing and al
communication with each other. = All con
tracts with the enemy, made during war, ar
utterly void = = The purchase of bills Of
the enemys country, or the remission and dc
post of funds there is dangerous and illega
act because it may be chefishing the resource
and relieving the wants OF the enemy. The re
mission of funds, In money or bills, to subject
of the enemy Is unlawful The inhibition reach
es to every communication, direct or circutuus
- Every relaxation Of the rule tends to cor
rupt the allegiance of the subject, and prevent
the war from fulfilling its end. = 1t is ais
further consequence of the inability Of tn
subjects of the two States to commence or carr,
T on any correspondence or business together
that all commercial partnerships, existing be
tween the subjects Of the two parties, prior t
the war, are dissolved by the mere force an,
act of the war itselfj though other contracts
existing prior to the war, are not extinguished
but the remedy is only suspended, and this iron
the inability Of an alien enemy to sue, or t,
sustain, in the language of the civilians, persO
ma standi IN judicio."
It may be that some of our readers are indebt
ed to Northern creditors, and that they consid
er themselves honorably bound to diisscca..sairg
those debts. Under ordinary circumstances,
is high moral duty promptly to pay all jus
debts; but at the present time, when a mos
nofarioua ~-.- 20 .-~s-d ~e~;~s. ny r~-eA;
GUS and INSCRIPTIONS foe, it is the highest dut,
of every patriot to refrain from every act tina
might strengthen the hands of our enemy, o.
enable him to carry on the war against us. l
is needless, we trust to add, that by "givint
aid and comfort to the enemy" whether it b.
done by furnishing intelligence, or money, Of
supplies, that may be of service to him in thu
contest, a citizen of the Confederate State'
would incur the guilt of treason, and assuredly
receive traitors punishment