Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-09-09


sponding civil ugdis, ths eTis-sEes Of which you
deny.
THE solution OF an oar difhsul-is5 ress in fh-
Hrf1reernsr 8, against eur public enemy, OF or
belligsFsnt rights Of civil war.
When the insurrection convened by Illegal
acts Of secession aBG By certain erhihRi3ns Of
i0Fcs against the GJvsrHment, IL distausparts Of
the country, It WBs supposed tbs. the iusurCeui
might be qHeiled and peace restored without re-
quIiBg q iaTge military force. aud without in
7oEiaZ those vino old not actively psrueipR;s
10 oTsT5 acts Of tTeas5ns
Hence the Govern rent, relying upon the pat
riotsu Of the people, and eon6lsnt IN its
stEerg.h, exhibited a geneEoUs f0fbearsne8 to-
wards ths insuuecGOns.s.
When, ct last, ssysniy.6va thousand Of the
militia wera called out the President sill relied
upen the Uaj8n sentiment Of the S3uth; SAD
suloueood ths inteutisR not 70 ialerf8ss With
loysl man; but, on the contrary 70 regard tier
rights ss stlt under TIE DIatceion Of ths Consti-
tuition Ebe scsion Of Congress VAS in accord
sues With this policy The war waged By hrs
6 lysrnment was then a personal wzT-a war
against rebels. wsr prosecuted iu the h1ps aa1
be'isf that the body Of the people wsr8 sIH
fTioEtiy 70 tho Unicu, VITO, temp9rsFiiy ever
b1FUe, w0Hid soon night themselves blythe sid
Of lhe srGay Hence Congress declared. sH3 ibs
Presiteut proclaimed, that 1t vss not thsiF Of
l5et 20 tJIrs loyal men; 70 interfere with their
zig g OF thCis domestic institutions.
Eis position Of tbs G0vaFHmans toward tbs
rebstfoas States was just, ioFbssFiay sa3 mzg.
nsnim0us whia the citizens SdsTe5f were gen
arsNY lsraL Bat the revolution swept onward
TIE entire oircls of the Southern States aban-
dsnei ths Union, sud carried vi'b them sli-tba
border States which they could inf 1enos CT
een5roIE
Having set Jp a new Coverumsut for them.
sesvesi hsviug declared war against uzi having
sought foreign alliances hsvidg passed scts Of
RoEs-int tsrcOurse; bsving' seized public prOpsrty
spd made attempts 20 invade States which re-
lusefto serve their cause; having raised and
maintained large armies snd an incipiens navy;
sss umiug IN ali respects 10 act IS an iHdepen-
dant, hostile Hsi5n as var with the Unised
Stafe5-claiui1g belIgsTent rights as an inds-
pendent people alone c9ald claim them, and Of
'erins toen.sr into treaties OF allisuc5 Eith Tor
5iy1 c0unt-ics aud Of treaties Of pascs Wiih
sur7s under these eircuus s.a1o5s they Wela no
longer merely Insurgents sudIsb5ls, but became
s. bsilgsreut public enemy. The war was 10
langer s-ajnst certain persons in the rsbeilioUs
Stsses. l. became a territorial WAr-tbs. is TO
say, awar-by 81 persons tgsls3 IN the beiEgs-
rent territory againsi the U1it States.
Il We were ia q War with E1gaHd, syeJy
E7elshmsn would become public enemy, ir-
respective Of his personal fssliugs st0waTd
America. However frian9ly he aizhi be toward
america, his ships on ths sea would he liable 90
capture himself wlald be liable 10 bs killed II
battle. or bis property, situated in this country
would be subject 20 C0nfsesti0u-
BY a similar rule Of tie Law Of nations when
ever two nations are at war, every Subs Of
one bsllig rent nation is pubic enemy Of the
other
An individual may ba = personal friend. and
At the sane ume p1blic enemy to ths UHIted
States. Tbs lsw OF war defines international
relations.
When the civil war in America became ter
ritorsl war every citizen residing in the beliga-
reut districts became public ensmy iFrespecs-
i've Of nus private sentiments, whether loyal or
tisleysl friendly Or hostile, Uaiouist or ssea8-
sica.sss guilty or iunoceut
As publ'e e1amiss the bslirereDts have
c.sl1ed g Do exchanged as prisoners Of zar, il-
stead Of adnitilg cur right to hsng them as
murtsfers and pirates. As pub,ic susmiss they
csin lhe right 10 mako wsr upon rs in plain
v;oad1n Of many Of tbe obligations they would
have admitted If they aclSuoW oiged the Oh igs-
ri5a5 gr claimed the pr0tsction Of our C0us.itu-
h0Q.
i thay had claimed any State rights uu8er
our Constitution they would nos hLva violated
g0cry 01e Of the provisions thereof lmi.i8g the
claim ium1ni,y fg0H1 all obligations as States,
ar rs 6 people, to this Government OF 10 Che
United States.
Two questions must be considered:
!. Wheu did the rebellion become teui torisl
civil war
2. What Gre iha rights Of the enemy under
the lays Of wari
rhs-t-at question has been settled blythe Su-
Prsna Conr. Of the United Ssstas in the case Of
tie Hswst..s, decided on the 9th Of March
1863 Ia tbss esse (Which should b9 issi and
6 u3isl BY every citzsn Of the Union), the
members Of the court difsTed 10 opinion as 90
iha tine when tho war became territorial, and
ids S1prsms Cour. wss bound 70 tsks juiieiol
@ agn'Zsuee thereof Tls minority sTg1ed THAT
ag Congress alone had power 70 declare wsr, 90
Congress alone ass power to reenguiE3 the eE-
istoIee Of war; and tbey eoutsudsd thai G. was
n0l audl Tie oct Of Congress Of July -, 1861
commonly called the BOn-intercluTss set, th At q
state OF civil t7grit'ral war was lsFitinstsly re
G 1-u' z d. Az lhs j1agfs agrosd in ihs position
O. -ha- 5Ecs July l3, 1861, there ngs existed be-
t~ean the United 3sslss and tie Coafederato
S.stas q ciVil territorial Wsr.'
" Thsi siucs that sine the United Stsies have
full bstligafe7t rights sgainst al persons r5sid-
ing 10 the districts declared by the Presidents
proclamation 10 be in rebellion
Tia, the laws Of war, WHISTLER thss war be
eiv.l on igtsr gsafss, converts every citizen ia !
the hostile Sta's inso pubie enemy ag1 trea,s
him accordingly, whatever may have been his
previous eJEduct"
T5at Ell he rights derived from the laws Of
Ear n sy now, since 1851, be lawfully aud c1u-
sitltionaiiy exercised against ali tho citizens Of
.as districts in rebellion.
Saeh beng the law Of the land. 50 declared
5y tBe SuoIe1le Court II order % asceEts iu what
Z all - r. a
enemies, We have only 70 refer 10 tie ssLt,e.i
principles Of she bslligeTent Law Of nations OF
toe avs Of war
SsHs Of the laws Of y-ar are sssssd IN the dis
81. Jag opinion, IN the case shove mentioned.
state OF foreign war INSTANTLY annuls ths
UOst solemn treaties between HetiOas. IL tarmi-
rates al obligstions in tho nature Of eouapscls
Ct contracts s. the option Of the party obligaei
thereby. Il destroys al elaims Of one bsllivs-
rent u00u the other, except thoss which nay be
sanctioned by treaty Of peaes. A civil terrific
nal war has he same effect, exc sptjng, only,
that The sovereign may treat The rebels IS sub
jeeis As vel IS beligsTeots. Hence evil gar,
ia which the belligsrsn.s have become tcrfiio-
rial enemies, instantly annnls al rights o.
claims Of public enemies against The Uaitsd
States, under he Constitution OF laws, whether
thst Constitution be called a compact 3 trssty,
on c5van2a', and whether the parties 20 it we've
Ssses, in their sOvereizn capacity, or the people
of The United States % individuals.
Any other result would be IS incomprsbensi-
be a. Il would be uisehievous, A public enemy
cannot lawfully claim the rigat Of entering Con
grsss and voting down the. measures taken to
subdue him,
Why not Because be Z. public enemy
Bec.--zl-s. q oe65ming = public enemy be has
annulej and lost his rights in the Government,
aud can never regain them except by cur con.
seut
II the inhabitants Of 3 large part Of the Un~I
ion bsve. by becoming public enemies. suJTen-
dered and anuulied their lormer rights, the
aaesficn arises, eau they recover them Sasii
rights cannot be regsinsd by reason of their
hsvine ceased to fight The charsetsr Of pub
he enemy hzvi.g ence becn stamped upon them
by ths laws Of war remains 6xad uatin it shall
have been, by our consent, removed.
To stop igh.ing does not mslza thsn cease to !
be cubic enemies, beesuss they may have aid /
,ls.,-,s thsir aryug far Wgnt of n0wdar not far I