Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-07-23
NUMBER 96

and all communication with pacI, ofbar and nlaeaS
every individual Of the respective GovernInsnts
s nslL @s we nIenta themselves in state o.
ct foIlo"s as necessary consedzeace Of the
doctrine Of the illegafty Of all Intercourse o. ffsc
without express permission thst ali contrac.s -ith
the enemy made during Tsa- ara utterly void TIE
insurance Of e1emys property s an ILLEGAL cont-aes
because it is q species Of trade and intercoarae
/ with the enemy. The drawing Of blk ezcbEn0c
h By an alien enemy, on q subject Of ihe adverse
country, an illegal and void contract because il
| is communication and contract The purchase Of
bills in the enemy's country, or the remission aud
deposit Of funds there Is q dangerous and Illegal
set because il may be cherishing the resources and
/ relieving the wants Of the enemy. The remission
Of funds in money or bills to subscts Of the eRmy
is unlawful The inhibition reaches TO every com
munication direct or circuitOus.
"All endeavOrs at trade with the enemy by the
Intervention of third persons, or BY partnerships,
have equally failed, and no srtIhee has succeeded
to legaze the trade without the express permission
Of the Government Every relaxation Of the rule
tends 20 corrupt the allegiance Of the s1bJeet, and
prevents the war from fulfilling its end" l Aent,
Sir William Scott whose decisions, equally dsstin-
guisheS for their leariRg, searching acumen, and
for felicity Of expression and eOquence Of style,
hare been rs much quoted and respected IN Atneri-
ca. as in England, says:
"The sovereign alone who has the power Of en-
trely removing the state Of wEr, has the power Of
removing It IN part, by permitting where he sees
proper, that commercial intercourse which is par
tal suspension of the war. There may be Oeca1ons
in which such intercourse may be highly expe6ent.
But it is not for individuals to determine the expe-
diency Of sueh occasions on their own notions Of
commerce, and of commerce merely, and possibly
on grounds Of private advantage not very reeencil
able with the general interest Of the State It 4 for
the State alone, on more enlarged views Of policy
and OF all circumstances that may be connected
with such an intercourse, 70 determine wh8n it
shall be permitted, and under what reguAfiOnes No
principle ought to be held more sacred than that
this intercourse cannot subsis any other footing
than that Of the direct permission Of the State Who
can be insensible 10 the consequences that roSsht
follow, il every person in time Of war had a right
to carry on a commercial intercourse with the enc
my. and under color Of that had the means Of car
rying any other species Of intercourse he might
think fit The Inconvenience % the public Fright
be extreme, and where is the inconvenience on the
on the other side, that the merchant should be com
PEELED in suc a situation Of the two countries, 20
carry his trade (f necessary under the eye and
control of the Government, charged with the eare
of the public safety The H0OD. I Rob.
But the case Of the Rapid is shll more interesting
to us, not only as having been decided BY the Su-
preme Court Of the United States, at time when
its decisions commanded the highest respect- but
also because the judgmen. was pronounced by
distinguished Judge OF South Carolna-Judge VII
liam johnson. 80 '-
In that case, an American citizen having pur-
chased goods in England long anterior 70 the war.
and deposited them on the frontier Of British Amer
ica after the declaration Of with Great Britaia
sent steamer 20 bring away his goods; she was
captured by an American priyateeF and vessel emu
cargo were condemned as prize Of war, on The
ground Of trading with the enemy; and Judge John
son thus defines the expression AtrEding with the
enemy" and vindieates the justness and necessity
of the rule
'.The object, policy and spirit of the rule which
fOfbids trading with enemy is 70 cut OF all com
munication or actual locomotive intercourse be-
tween the individuals Of the belligerent States.
Negotiations contract has therefore, necessary
connection with the offence Iatsrcolrss ssoHsSsnt
I5h actual hOstiy, is the offence against whica the
operation Of the rule is directed, aad by substtu-
ting this definition for that Of trading With enemy
an answer is given to this argument.
On the subject which affects this case, there haa
been no general relaxation. the universal sense
Of nations has acknowledged the dsmOrAlizn;g ef-
fects that would result from the admission Of indi
vidual intercourse. The whole nation are embark
ed IN one common bottom. and must be reeOneiied
to subm { to the one common fate. livery indiynd
ual of the one nation must aeknOWlege every
individual OF the other nation as his own eIemy.
because the eRemv Of his country The RGpid,
Crauch.
The case submitted BY you. Of citizens of.the
Confederate States carrying letters 20 the United
States il stronger than many which have mention
ed above. There can be no doubt Of it, illegally,
course ard communication WiIhin the eneny's
country without special license is unlawful bal
also because it affords direct opportunity for AIRY
ing on a reasonable communication with the elsmy
by conveying intelligence which may atford him
aid and comfort. -
have no doubt that it is as unlawful for any
citizen Of the Confederate States 70 carry letters TO
the United States as it is for any citizen 10 write
them.
The question of the remedy to be applied to pre-
on which feel great hesitation in giving al Opf
Mon, in advance of any case made and prosecution
commenced. will only say, on this branch CT the
matter, that all the offences Ofwhich have spoken
seem to come within the designation Of ''efsnees
against the law Of nations the power to define
and punish which is, by the Constitution, expressly
given to Congress.
Congress has, by virtue Of the power vested in il
by the Constitution established certain Courts, and
has by the 35h section Of the "Act to establish the
Judicial Courts Of the Confederate States Of kuer>
iea1 declared 'that the said District Courts shah
have exclusive cognZanCe Of all crimes and offences
coonizable under the authority of the Confederate
States, except where the laws Of the Confederate
States shall otherwise provide
/ cannot decide in advance, whether the Courts ef
the Confederate States will take eOgrzance Of this
class Of cases. by virtue Of the jurisdiction conferred
on them by the clause Of the Constitution and the
Act above quoted and, having jurisdiction viii bold
that their rules of action TO the nature and ex-
tent of their authority and the mode in WEicn 1t
shall be exercised where not prescribed by statute,
are to be regulated by the rules Of the Com
mon Law in accordance with the distinction
that the Common Law is not sogcs OF JuFis-
dictiOn, but is 10 be considered merely A. the
means or siTumert Of exercising the jurisAictiOn
conferred bv the Constitution and the laws Of the
Cenfederscy; or whether they viii accept as their
rule on the subject, the construction which pre-
vailed under the United States, that the Federal
Courts cOnd not take cognizance Of any case where
the offence was not created, and the punishment
prescribed, by express statute.
may add, that even in the United States Courts
the question of how far they could resort e the
Common Law in the administration Of their crimi-
nal jurisdiction seems to have been determined
rather upon precedent than reason; and that cur
change Of government opens the question again and
it stands with us, as it did just after the adop-
ton of the United States Constitution. OF the
class of cases of which have spoken, but one has
been the subject of express legislation by the
Confederate Congress- namely, the payment By eltl-
zens of the Confederate States OF debts due 70 et
zeus of the United States Except the States OF Del
aware MARYLAND, Kentucky aud Missouri, and the
District Of Columbia,) which IS expressly prOhibit
ed the existence of war, by Act approved
on the 2Ist May, 1861. The Act preseribes no ex-
press penalty for violation Of ITS provisions, and
a prosecution under Il will raise one Of the cues onI
above indicated as 10 the Criminal jursdiction to
be exercised by the Confederate Courts.
It ls to be hoped however, that eur citizens only
require to be informed as 20 their duties and re-
sponsIbties arising from the state of wal in rela.
ton TO these questOns to perform Their fulIy and
that they viii not be tempted BY considerations Of
selfish interest or peculiar conclusions Of their pri'
vate Judgments. 10 counter 20 the clear pri1s
eipes Of right, simply because il may be diicut or
impossible punish them for Its infraetiDns IL -
Of a to-