The Oxford intelligencer., 1861-05-01
The Laws Of War.

Abolition G; sc1menf md lie doy&nment of
the Coasddatc States, renders soae inquiry in
to thslaws o. natiozs on tlsis sutjsc1 appru
pirate and iAterestinF ! What are y legal con
ssquenss spd ss s s5assiss' BARN. Sas
zens of The two Coafsderaoss having dealing
with each other, are questions which should be
clearly understood. Az . contribution frofr,a
STANDARD authority % tbs general stock ef
knou1 edo on. The shbJ ect ws quote somewhat
at length some extracts from Kent's Common
taries. 4WA ny
We quSts &ss from lecture Sd, Or the law of
Nations, vol.1 ;e9hHF
| rSrRopucrIos or soosrarReIAL INTERCOURSE.
zone of the immediate and important couse-
quences q tue declaration q waS, Is The atso-
Lutte interrupted and Introduction Of all CONNER
cal correspondence, Intercourse and dealing be-
tween the subjects Of the two countries The
idea that any commercial intercourse Of pacific
dealing can lawfully subsist between the people
of the powers at war, except under the clear
and express sanction Of the Government and
without special license, is utterly Inconsistent
with the class Of duties growing out Of state
Of war. The introduction 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 COM
mercial intercourse while the two Governments
were at war, would be placing the act Of Gov
eminent and the acts Of individuals I'm contradic-
ton to each other. ID would counteract the
operations of war, and throw obstacles in the
way Of the public effects, and lead to disorder,
imbecilty and treason. Trading supposes the
existence Of civil contracts aud relations, and
reference to courts Of justice; and it is, there
fore, necessarily contradictory to state Of war.
IL affords aid TO the enemy in an cffectual man
ner, by enabling the merchants Of the enemy's
country TO support their Government and il "a
cilitates the means Of conveying intelligence and
CARRYING on traitorous correspondence with
the enemy, These considerations apply with
peculiar force to maritime States, where the
principal object is 10 destroy the marine and
commerce Of the enemy in order TO force them
| to peace. It is q well settled doctrine in the
English courts, and with the English jurists,
that there connot exist, at the same time war
for arms and a peace for commerce.. The war
puts an end at once to all dealing and all COM
munication with each other, Governments as
well as Governments themselves, in state Of
hostility. This Is equally the law Of all the au-
thoritative writer's on the law Of nations, and Of
the maritime ordinances Of all the great powers
of Europe II is equally the received law Of
this country, and was so decided frequently by
Congress Of the United States during the Revo-
lutionary war, and again by the Supreme Court
Of the United States, during the course of the
last war; and it is difficult to conceive of
point of doctrine more deeply or extensively
rooted in the general maritime law of Europe,
and of the universal and immemorial usage Of
the whole community OF the civilized world
at follows, as q necessary consequences Of
the doctrine of the illegalty Of all intercourse
| raff xrifh hat all
contracts with the enemy, made during war, are
utterly void The insurance Of encmy's proper
ty is an Illegal contract because it is species
of trade and intercourse with tho enemy. The
drawing Of . bill Of exchange, by an alien enc
my, on a subject Of the adverse country, Is an
illegal and void contract because II is com
munication and contract The purchase of bills
on the enemy's country, or the remission and
deposit of funds there. is dangerous and ille-
gal act, because it may be chershing the re-
sources and relieving the wants of the enemy.
The remission Of funds, in money or bills, to
subjects Of the enemy, is unlawful. The inhib-
ition reaches TO every communication, direct or
circuitous Ali cndeavors to trade with enc
mics, by the Intervention of third persons, or by
partnerships, have equally failed and no artifce
has succeeded to legalize the trade without the
express permission of the Government. Every
relaxation Of the rule tends to corrupt the ale
glance of the subject and prevents the war
from fulfilling its end The only exception to
this strict and rigorous rule Of international jul
risprudcnce is the case Of ransom bills, and
they are contracts OF necessity, founded on a
state of war; and engcndered by its violence
! 1t is also further consequence Of the inability
of the subject Of the two States to commune or
carry on any correspondence or business togeth-
err that any commercial partnerships existing
between the snlSccts II the two parties prior to
| the war arc dissolved by the mere force and act
of the war itself; though other contracts exist
ing prior TO the war are not cxtinguished, but
the remedy is only suspended, and This from the
inability Of an alien enemy to sue, or to sustain,
in the language Of the civilians, persona
standi in judieio. The whole Of this doctrine
! respecting the illcgality Of any commercial m.
tercourse between the inhabitants Of two ma
tons at war was extensively reviewed, and the
principal authorities ancient and modern, for
cign and domestic, were accurately examined,
and the positions which have been laid down
established in the case of Griswocd ca. Wad-
dington, decided in the Supreme Court of this
State, and afterwards affirmed on error"