New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-06-17

'NA '''N
full opinion Of the Hon. Thomas j. Semmes, Attor-
ney.General of Louisiana, relating to dealings with
the enemy in time of war, extracts of which have
appeared in our financial articles, we publish the
opinion entire in this mornings Crescent The
authorities of Virginia, in refusing to grant further
passports to persons going to the United States, is
clear recognition of the views ably set forth by
this eminent officer and distinguished iu:st, Here
follows the document referred to:
ATTORNEY GExnH,l AIS Oyr1cr,
New Orleans June L ISGl. 5
Sir From the note, power Of attorney anu
statement of fscts submitted to ne, it appears that
Mr.. w, e. Leverich, citizen Of Louisiana, doDli-
ced ia New Orleans, desires to transfer to himself
| thirty shares Of the capital stock OF your bank
standing OF the books of the bank il the name of
Henry S. Leyerch, a person domiCfed i'll the State
of New York The power of attorney under which
Mr. w. E. Leverich claims to make the proposed
transfer was executed in New York the 2sd May,
| l96l,; that is to say. since the commencement Of
the present war, and the recognition of its exist
| ence by the Confederate States. My opinion is
that the power OF attorney Is nul!lty ana the pro
posed transfer Of stock Illegal and void and there
| fore the bank, as matter Of public duty, should
refuse to recognize the power OF attorney Orpermt
| the transfer to be entered on its books No prin-
ciple of international law is more firmly established
than that the declaration OF war arrests all inter-
| course between the bellgerents. War puts every
! individual Of the respective governments, as we'll
1 as the governments themselves, in state of hos
| war for arms and peace for commerce.
The existence Of civil contracts and relations is
contradictory to state OF war, and hence 1t mas
been held that all commercial partnerships existing
between the citizens of one country and those Of
! another are dissolved by the breaking out of war
between the two countries. Sir William Scott,
one of the most profound jurists of his age, re-
peatedly declared, in numerous cases adjudged by
him, that by WAY al communication between the
subjects Of the beigerent countries is suspended ;
that Intercourse can be legally carried on with
! out special license from the Government: that
a state OF war was state Of tlteFdlct!OR Of conf
| muRicGti0n.i In the case Of Wilson vs.. patter-
sou, It'll Taunton p. 49, Chief Justice Gibbs held
| the drawing and accepting OF bills Of exchange 10
| be Illegal; because all communication with the
| enemy during war is prohibited by the policy of
| the law. The Supreme Court d; the United States,
in the case of the Rapid, Sth Cranch, p l56 an
| nounCed the same doctrine. Mr.. Justice johnson,
who delivered the opinion OF the Court in that case
says: . In the state Of war nation is known to
nation only by their armed exterior, each threaten
ing the other with conquest Or humiliation. The
| individuals who compose the belligerent States
exist, as to each other in stats OF Htte7' exclusion
| If they meet, it is only TO combat. The universal
sense of nations has acknowledged the demOraliz
ing effects that would result from individual inter-
| course. The whole nation are embarked in one
| common bottom and must be reCOnCiled to sub
| nit to one common fate. Every individual of the
| one nation must acknowledge every individual of
the other nation as his own enemy, because the
| enemy Of his country
Chancellor Kent, in the celebrated case Of Girls
void U.s. Waddington-l6 johnson, p. 478-decided
that the term tracing citb the enemy extended to
an interchange, transfer or removal Of property to
all negotiation or contracts to all locomotive in
tercOuTse, 10 state OF utter seCluSOn to any in
tercoufse but Of open hostility, TO any meeting
| but in actua! combat. To such an extent has this
| doctrine been carried. that the highest British
Court of Admiralty has decided that British mer-
| chant residing in Granada, who had debts owing
| to him from French merchants in GuadalOupe,
which had been contracted prior to the war, and
| TrIn had wade
debts in sugars, could not during the war lawfully
ship the sugars tins received to England. 4 SINH
lar case was decided by the Supreme Court of the
United States. An American citizen had pur-
chased quantity OF English goods in England be-
fore the war, and deposited them on an Island be.
longing 10 the English, near the State Of Maine
upon the breaking out Of the war, he sent a vessel
from Boston to the island to bring away the goods
and she was captured on her return by an Amer-
can priv2teer.
The goods were condemned as Iawful prize, on
the ground that this was trading with the enemy.
s Cranch, 155.
1t is clear, therefore that the acceptance of the
power Of attorney by Mr.. ". E Leverich, from
Mr.. Z. s. Leverich, is illegal, and be has no
lawful authority to act in pursuance Of its man
date. The transfer of the stock, or agreement to
tranter the stock between W. Z. LeVerich and H. |
;. LeveTch is illegal and cannot be tolerated. Mr..
Il. 5. Leverich being doniCiled in New York is to
be regarded as an alien enemy, and no person
domiciled within the Confederate States can hold
any intercourse or communication with him, and if
snch Intercourse or communication result in a ne
ort" ton. ement Or CONTRACT, such negotia
lOn agreement or contract Is 1uegaI, ana aDsO- 7
utely null and void. 1t is time that the law on this
subject should be well understood, for no inter- |
course whatever without the special permission of
the Government, can be lawfully carried on be- |
tween enemies, except that of hostile character. |
The remittance of money for any purpose, the |
making Of contracts the acceptance Of trusts, 1.-The
creation of any civil obligation Or commercial re-
lation whatever is unlawful and forbidden, si11ply
because ii is Inconsistent lCtb the hostile attitude Of
The parties. The beEgerent Governments have |
placed their respective citizens in attitude of
hostility towards each other, and no relation ncon-
sstent with hostility can be lawfully created by
the acts of individuals without the express per.
mission of the Government
Respectfully, THOS. J, SENSfES
WALTER P ROBINsOY ESQ President Mechanics and Traders
Bank, New Orleans.