The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-05

since been passed. On the breaking out Of between
two nations, the citizens Lecs Of tho ectiye
beltgerent are deemed by the law Of nations tho
mics Of each other The is true in qualified seuse
In the case OF civil arising OF insurfecton
repeion against the mother government. In the latter
case the citizens or subjects residing within tho nsarec-
tonary district not implicated IN the rebellion adher-
ing to their aegancc are not enemies be regarded
as such This distinction constantly observed by
English government in the disturbances in Secs and un
der the Pretender and his SON in the years IT'S and
l745 II mobiles the law as il respects the condition Of
the citizens or subject residing within the limits Of the
revoted district, who remain loyal to the government
as II respects those of two sovereign nations Of
war al commercial intercourse between them forbid
@ ~ .ne Jaw OF nations all contracts are unlawful, and
any goods or property the subec the Illicit trade are
rssnecs 81 and conscaton This is true also as II
s't,s te eitizens or subjects in revolt and making
WON he mother government But trade with the loyal
n Unoa me people in the disaleeted district,
enemy, is lawful unless nterdcted by the govern
nf principle Is recognzcd by the
uon provides that the President by prccamation NAV
declare that c inhabitants OF State or II any part Of
II, are IN state Of msurrection and thereuo MI com
mercal intercourse shah cease between the citizens
thereof and The citizens Of the rest OF the Initial
ana me goods and merchandise &C. tho subject Of the
Illicit trade liable to seizure and connsca,on Here
tho trade and intercourse is tnterdctcd by the pro
per authority, and the nterdiction applies to the
loyal az well as the disloya citizens or Inhabitants
The sixth section goes further and foreits any ship
or vessel belonging, in whole or in part, to citizen
or inhabant Of the nterdcted State or district
found at sea or in any port Of tho rest Of the United
States. The forfeiture applies TO the oyal as
well as the disoyal citizens In the dsadccted district
probably, from the difficulty Of making the forfeiture
practical and complete against the without making
general The government, however, having q neral
control over the subject, remedy any Injustice as re-
speos enc loyal citizen by releasing forfeiture This
section, in terms, oreits the whole Of hs vessel il
part belonged TO the citizens Of the dsaected district
ana would sec ~ carry with it any iatsrss in the yes
sci belonging t0citEens of the loyal States This how
ever, can hardly have been the intention Congress
Trade with the enemy, as have already said
according to the law of nations Is forbidden and the pre-
perty engaged in liable to forfeiture the trade in
the particular specified IN the act Of Congress re-
ferred to- But this Is all The act is made criminal
and until made by Congress punishment is annexed
to except the forfeiture Of the goods But this inter
dcted trade may be carried in so as TO expose
the parties concerned TO the crime OF treason If carried
for the purpose and with the intent give aid and
and assistance to the enemy in their hostility against the
government the act would furnish overt act Of aher
ing TO the enemy, giving him aid and Q No. APery
citizen, therefore, engaged in carrying 90 Wict
trade will find much greater peril - anyng
the enterprise than the mere forfeiture Of his goods
There recent act Of Congress passed July 81 1851
which it is proposed to call your attention IL provides
that If two more persons within State Territory
shall conspe together overthrow by force the govern
mcnt or TO levy against it, TO oppose by force its
authority or prevent the execution Of any law seize
the public properly prevent any person from accept
ing any Office the offenders, conviction, shall be pun
ished by fine or Imprisonment, with or without hard
labor, or both as tho Court may determine.
The Judge then proceeded to instruct the Grand Jury
the law which governs their body and the number re-
CURED to be present to find a bill