The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1861-05-25


lar Kent b probably = - 49, e.
thosity % Tie eo0mseeisI eoseee q -.
% any mas hist sves hssa. Aleas ~.
Ing down The bsosd psissapss ~ .
state Of was betwess two gosssnoeats
establishes . stats q hostility bstwsea
every individual ii the one GOvssnment
and every individual n ~ oder. and
prov INK The petition by ths decisions Of
the highest courts Of I'll civiisssd eov'h.
tries, 30 adds: Hsssn ~.
"Ope Of tl,s imuediats aad iapertoat
coassqusscea q . dsslArattee = ~
h the absolute Interruption and tsessetc-
ton Of Oh comnsfciol correspondents.
intercourse, and dealing bctwees the
subjects Of the two coastsies. n idr~
that any commsrcial iatsseosrae or pa
cific dealing cas- lswfully sabsis, 'e-
tween the people q tbs Powers II var.
except usder The cIear ed exPsesa ssac-
ton Of tho Government, and without
special license, 10 utterly inconsistent
with tho new class Of duties growing
out Of state Of war. The intcsd'ctton
lows. necesasriiy. from, the principle
already stated, inst state OF war Puss
all the members o! tic Two nations &C.
spcctively in hostility TO each other
and TO suffer individuals 70 carry on
friendly or commercial intercourse, vhilo
the two Governments were at War. wonId
b. placing the acts Of Government and
the acts Of individusls 10 contredictkn
70 each other. 1t would couutesact tie
operations Of war, and throw oosteeh-s
IL the way u public efforts, sad lned 70
disorder. imbecility, AID tssasca. Trad
ing supposes the cxistance Of civil coa'
tracts and relations, and . refesence 10
courts Of justice and It ia, therefore,
necessarily contradictory in . state Of
war. II affords aid to IN c,semy In An
cfJectual manner. BY enabling The mer'
chants OF the cncmy's country 20 snp-
port their Government, and u facilitates
the means cf conveying inteI'igencs aud
carrying on traitornus correspondents
with the enemy. These considerations
apply with peculiar force to the inar,timc
States, where the principal object y to
destroy the marine and con,ncFos q ths
enemy in order 10 force them TO Pcscs.
II il we'll settled doctrine in the Eng.
iish courts aud with tho English jurisss
that there cannot exist, ~ ths same
time, a war for arms md . peace IN
commerce. Ihe war puts III end u oncs I"
VII dealing and all communication with
each Other, and places every individual
Of the respective GoverpOcnts, ~ veil
a. the Governments themselves. In .
state of hostility. This y equally the
doctrine OF oil TIE authoritative writssO
on the law OF nations, and Of he mari
time ordinances Of I'll tie grrat Powess
Of Europe. It 10 equally the rccsived
Law Of this country, and wss % decided
freqneasly by the Congress d the Usitcd
States during the Revolutionary war.
and again BY the Supreme Court u The
United States, during the course Of tho
last war; and il 10 difficult 10 conceive
OF point zf doctrine more dscpiy OF
extensively rooted in the eswer. mari.
time las q Europe. and III tisp usivessal
and immcmcrial usage Of tho whole co,a-
munity IL the civilized world.
It follows, ~ necessary consc-
qncncc Of illcgality of al intercourse or
tsaflic, without cxprcss permission that
al contracts with the enemy made du.
ring war are utterly void. The ias~.
rance of cncmy's prcs~rty 10 20 illegal
contract. because II IA . species Of trade
and intercourse with the enemy. Tho
drawing Of = bill u exchange, by IN
alien enemy, on . subject Of tbs Advcr-,
country. is an Illegal aud void contract,
because ii is y communication ard con.
tract. The purchase Of uii's On the enc.
my's country, or the remission Awd d..
posit Of funds there, Is dangerous ana
Illegal sc'. bceanss ii may Be cherishing
the rosources ard relieving the waite
II the enemy. Tie remissiox ii fuads,
in money OF bills, to subjects Of the emu.
my ia unlawful The Inhibition machcs
to ever communication, direct or circuit.
Gus All endcavevs 10 trade with tia
enemy, by the Intervention u third rer.
soma. or by partnerships, have eqsallt'
failed. and no xrti6cc has succeeded to
lcgslize the trsdc without tAc cAprcas
permission of the Government Every
rclsxation OF the rule tspsis ~ corrups
tho allegiance 81 the subject, ard pre-
vcnts the war froM fnldliing H. end
Tho only exception u this strict AMI RIG.
orous rule Of International Jurisprudence
ia the case Of ransom bills. and they src
contracts Of necessity. founded % .
ststc Of war. cngendcred ny i,s vie'fnce.
Il is aiso further consequence OF inc
bility of the subjects II tho two States
t. commune OF carry On any corrrspoa-
denccs or busincss together that Ill coa.
nrrcial partnerships. existing l'ctweea
the subjects Of the two partics prior 81
the war. are disolved BY the mere fcres
and act Of the war itself though other
contracts. existing prior to the war. arr
not cxtic sniahcd. bat the remedy i oaly
suspend d, an IL from the inability Of an
alien enemy - an OF u sustain. in The
language Il tho civilieea perssas
siepit N jsd..se. The whotc az this due.
trinc respecting the illegally q any
commercial intercourse between ttsc IN
hAbitants OF two aAsions u war wAa "a.
tsusively reviewed. and tho pss~cipal A.
thovitics ancient aad mo<lssA, kuseign
aud domestic. we're accurately egasui~o1,
in the case u 0risvold ~. Wsddiaetoa,
decided in the Sspsem,e CSart of this
State, and aiieFwess)s s0rMoA o. csnH
WHsvi Wuss Z ssan1pss PAN AwA,yn
"a A prsmiueh4 CAicAnb uugv1nol