Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-04-27
The Laws OF War.

The prospect Of hostilities between the Uni
ted States Government and the Confederate
States renders some inquiry into the law of ma
tions on this subject appropriate and interesting.
What are the legal consequences, and what the
practical bearing, OF q state of war upon the in
dividual rights of citizens of the two Confeder-
acies having dealings with each other, are oues. .
tions which should be clearly understood. As
o contribution from standard authority to the
general stock Of knowledge on the subject, we
quote some extracts from Kents Commentaries,
as found In Lecture 3, on the Law of Nations,
volume J.: a.e
INTERDlCrioN OF COMMERCIAL INTERCOURSE.
One of the immediate and important conse-
quences of the declaration Of war is the absolute
interruption and Introduction of all commercial
correspondence, intercourse and dealing between
the subjects Of the two countries. The idea
that any commercial intercourse or pacific deal
ing can lawfully subsist between the people of
the powers OF war, except under the clear and
express sanction Of the Government, and with.
out special license, s utterly Inconsistent with
the new class Of duties growing out of state
of war. The interdiotion flows, necessarily,
from the principle already stated, that state
of war puts all the members of the two nations
respectively in hostility to each other; and to
suffer individuals to carry on friendly or
commercial intercourse, while the two Gov
ernments were at war, would be placing the
acts of Government and the acts of indi-
viduals In contradiction to each other. II would
counteract the operations OF war, and throw OBJ =.
stacles In the way of the public efforts, and lead
TO disorder, imbecility and treason. Trading
supposes the existence of civil contracts and re.
lations, and reference to courts of Justice; aud
Il is, therefore, necessarily contradictory in q
state Of war. Il affords aid to an enemy In an
effcctual manner, by enabling the merchants Of
the enemy's country to support their Govern
ment, and u facilitates tho means Of conveying
intelligence and carrying on o traitorous cores.
pondence with the enemy. These considera-
tions apply With peculiar force to maritime
States, where the principal object is to destroy
the marine and commerceof the enemy, In or
der TO force them to peace weli-setlled
doctrine In the English c,urts and with the
English jurists, that there can not exist, at the
Same time, q war for arms and peace for com
merce, The war puts an end at once TO all
dealing, and all communication with each other,
and places every Individual Of the respective
governments, as well % the governmental them
selves, In state Of hostility. This u equally
the doctrine Of ell the authoritative writer's on
the law Of nations, and Of the maritime ordi-
nances OF all the great powers Of Europe. II
is equally tho received Law Of this country, and
WAS 90 decided frequently BY the Congress Of the
United States during the Revolutionary War
and again by the Supreme Court Of the United
States during the cour56of the last war; and !,
'is dimcultto conceive Of point Of doctrine more