Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1862-11-26
LETTER FROM A SOUTHERN LAWYER
The Presidents Proclamation.

Southern lawyer. Mr.. Meigs, who was born
in Slave State, and has lived all his life in
Kentucky and Tennessee, left the later State
at the beginning of the Rebellion, and since
has passed much of his time in PhiIade lphia.
This legal opinion of an eminent Southern
lawyer on the Presidents Emancipation Proc
lamation, is so clear and to the point, that all
should read it,
l5 BROADWAY, NEw YORK. Oct. l, 1862
TO the Editors Of the National Iateliigencer 1
was called on yesterday for my subscription to
the Inteiiigeneer by your agent and having paid
him, took his receipt to Nov. Is, 1862, at
which time thirty-ive years will have elapsed
since became subscriber. Judging from
some of your recent articles, such as the ironi
cal one of Sept. Both, entitled s.Fhe Pursuit.
of Truth under Difficulties, /" and the like,
infer that you consider the Presidents late
emancipation proclamation, as it is styled, an
illegal measure of war against the Confederat te
States. l propose, not for your instruction
of course, but to make myself understood. to
copy from Vattel certain passages, and to ask
whether they constitute the law al war between
the Confederate States and the United States
"a civil war breaks the bands of society
and Government. or, at least, suspends their
force and effect it produces in the nation two
independant parties, who consider each other
as enemies. and acknowledge no common
Judge. Those two parties. therefore. must
necessarily be considered as tbeBceforth con-
stitutihg, at least for time, two seperate bod
les two distinct societies.
although one of the parties may have been to
blame IN breaking the unity of the State and
resisting the lawful authority, they are not
the less divided in fact. Beside, who shall
judge them Who shall pronounce on which
side the right or the wrong lies ? On earth
they have no common superiorS. They stand !,
therefore In precisely the same predicameEts
as two nations who engaged in contest, and
being unai,le to come to an agreement have
recourse to arms. Book 3, sec. 293.
"W henever, therefore numerous body of
men think they have a right to resist the sov-
ereign, and find themselves in a condition to
appeal to the sword, the war -ught TO be car
ried on by contending parties in the same
manner as By different nations.-B ok 8, sec.
294.
s.Now, in reference to the property of the
beligerents, what is the manner of carving
on war by different nations p et
"a State taking up arms in just cause has
double right against her enemies. 1st. A
right to obtain possession of her property with
held by the enemy, to which must be added
the expenses incurred in the pursuit OF an OBJ
jeCt. the charges of the war, and the repara-
ton of damages. for were she obliged TO bear
these expenses and losses she would not fully
recover her property or obtain her due. I'd.
She Eas a right to weaken her enemy in order
TO render him incapable of supporting his un-
just Violence right to deprive him of the
means of resistance. Hence, as from their
source, originate all the rights which war
gives over things belonging to the enemy
Book 3, sec. 160.
ssWc have a right to deprive our enemy of
his possessions, of everything which may aug
ment his strength and enable him to make
war. This every one endeavors TO accomplish |
in the manner most suitable to him.
ssWhenever we have an opportunity we |
seize on the enemy's property and convert it |
to our own use; and thus diminishing the en- |
emy's power we augment our own, and obtain |
at least partial indemnifcaton equivalent, |
either for what constitutes the subject of the |
war, or for the expenses and losses incurred |
in its prosecution ; in a word, We do ourselves |
justice. Book 3, sec. 161.
s'The right to security often authorizes us
TO punish justice or violence. 1t is an addi- |
tlonal plea for depriyiDg an enemy of some /
part of his possessions. This manner of chas- |
tising a nation is more humane than making
the penalty to fall on the persons of the cii-
zens. With that view, things of value may
be taken from her, such rights, cities, prov
inces. Book 3, sec. 162.
II understand these passages, they show
that the Confederate States and the United
States are, for the purposes of the war, to be
considered independent States. This being
so, justice must be on the one side or on the
other. Supposing it to be on the side of the
United States then this authority lays it down
hat ''a State taking up arms in just cause''
las right to deprive its enemy of his pos
sessions, of everything which may augment
lis strength and enable him to make war 10
md, with view to security, ssthings Of value
nay be taken" from the offending nation,
ssuch as rights, cities, provinces. Thus,
therefore, to weaken the wrong doer, the in
ured nation may seize his property and TO
obtain security against repetition of the
wrong, the wrong doer may be deprived of his
lights. cities aud provinces.
Now, upon the snpposition that the Uni
ed States have taken up arms against the
Confederate States, independent nation,
lin a just cause,'' may ask you to show your
eaders in what respect the Presidents eman-
patioD proclamation is not sustained by the
aw of nations-that is by the common sense
# mankind While the Confederate States
leclare themselves an independent nation,
nd as such commence war against the United
states, and convert to the use of the Confed-
racy the property of the United States, wher-
ver they can seize it by violence, or obtain
of it By fraudulent collision with !
he officers entrusted with lite custedy, is it