The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-08-11

individual be personal friend, and at the
same time a public enemy 10 tn United States The law
| Of dcdues international relations.
| When the civil in America became territorial
every citizen residing the belgerent districts be-
public enemy irrespective OF his private senti
ments whether loyal or dlsoyai, friendly or hostile
unionist o. secessionlst, guilty or innocent
As public enemies oelgeren,s have claimed TO be
exchanged a. prisoners OF war instead Of admitting
right TO hang them murcerers and pirates public
enemies they claim the right to make upon in
plain violation of many Of the obligations they would
have admitted they acknowledged the obligations
claimed the protection Of our constitution.
they had claimed any State rights under consti
tuition they would not have violated every OF the pro-
visions limiting the powers Of States Asserting no
such rights they claim immunity from all obligations as
states or as people, to this government or 10 the United
Two questions must be considered
l. When did the rebellion become territorial civil
What are the rights Of the enemy under the laws Of
The first question has been settled by the Supreme
Court Of the United States in the OF the Hswatha
decided on the 9th Of March, 1858. In that (which
should be read and studied every citizen OF the Union
the members OF the court differed in opinion 70 the
time when the became territorial Tho majority de-
cded that when the fact of general hoses existed the
territorial and the Supreme Court was bound to
that, Congress- alone had power declare war; 80
Congress alone has power to recognize the existence OF
war and they contended that not until the act Of
Congress OF July 49, 1851 commonly called the Non Inter-
act that state OF civil territorial was legti
matey recognized All the judges agree in the position
that July 49, 1861 there existed between the
United States and the Confederate States civil terri
t0ria war
"1nat since Mas time the United States have fun belize.
rent rights against all persons residing the districts de-
cared By the PresdenPs proclamation 10 Be In rebellion"
That the laws Of war, whether that be civil or
ter 0tes converts every citizen In the hostile State
into public enemy and treats him accordingly, what.
ever may have been his previous conduct"
That oil the rights derived from the laws OF may
now since 1851 DO lawfully and consttutonally exer.
cised against oil the citizens OF the districts In rebellion
Such being the law Of the land as declared by the sa
Court In order ascertain what the legal
constitutional rights Of public enemies have only to
refer to the settled principles Of the begerent law Of
Some Of the laws OF war are stated in the dissenting
opinion, in the case above mentioned.
state Of foreign war instantly annus the most solemn
treaties between nations terminates all obligations
tie nature ofcompacs Contracts at the option Of the party
Obligated thereby destroys all claims Of bellieerent
by treaty Of peace. civil territorial has the
same effect, excepting, only, that the sovereign may
Hence civil war (which the belligerents have be.
territorial enemies instantly annus all rights
claims Of public enemies against the United States, under
the constitution or laws whether that constitution be
called compact, treaty or covenant, and whether
the parties TO were States in their sovereign capacity,
the people of the United States as individuals.
Any other result would be as ncomprehensible as II
would be miscellaneous A public enemy cannot lawfully
claim the right Of entering Congress and voting down the
Why not? Because he is public enemy. Because by
becoming public enemy he has annulled and lost his
rights In the government, and can regain them
except by our consent.
II the inhabitants Of large part OF the Union have,
their rights the question arises can they
them2 Such rights be reganed by OF their
having once been stamped upon them by The laws Of
remains fixed until 1t shall have been, by consent,
removed.
enemies because they may have laid down their
for want OF powder not for want Of will Peace does not
restore the noble dead who have fallen sacrifice to
treason. Nor does rcriue the rights ernguished by
cvi terrible The land OF the Union belongs TO the
people Of thesnted states subject to the rights Of midi
" dua1 nuypN Each gac.
tons Of the country declared by the Presidents pro
camation be in rebellion has the right what be-
can have no right to take any part in our govern.
mont. That right does not belong to an enemy Of
has Sssn saSdusd 9'
pate in or to assume the government OF the United States only
ws settled Of Sessrsn the solution an
questions In relation State rights After the inhabt
ants Of district have become public enemies they have
no rights either state or PERSONAL against the United
States hey are beigcrents only and have lett 70 them
| only belligerent rights.
Suppose all the inhabitants OF South Carolina should
be swept or that solitude should reign throughout its
borders unbroken by any living thing would the State
rights Of south Carolina still exist as attached TO the land
| itscl,f fHt
Can there be sovereignty without people State
without nhabants' State rights so far as they
the Union tho rights Of persons as members Of a
State In relation TO the general government and whor
the person has become public enemy then he loses ail
rights except the rights Of And when all the inha-
bants have Thy engaging in civil territorial war; be
come public enemies 1t Is the same in legal effect AZ
though Inhabitants nA0 Ocen Annlnated.
government is concerned Girl oar o0erates all lines Of
States COUNTRIES the only lines recognized BY tie
lines schich separate ss from public enemy.
do not place reliance upon tho common law doctrine
OF foreitures OF franchises as applicable to this revou
tom for forfeiture can be founded only upon tho adms
sion Of the validity Of the act in which forfeiture
Nor does the bcileerent law Of civil territorial war
admit he right or secession Il IL not sny vote or law Of
secession TINT makes an Individual public enemy A
person may commit heinous offences against municipal
hnnfi1
wi hout being public enemy. To be personal enemy
Is not TO be public enemy TO the country in the eye Of
Instruction Is personal enemy but II is not until that
instruction has swelled into territorial that he be-
| comes public enemy
IL must also be remembered that the right OF secession
not conceded by enforcement OF beligerent law, since
in civil war; nation has the right to treat s citizens
either sub ects begerenis, or as both. Hence
while belligerent law destroys all claims O subjects
gagged IN civil war against the parent government 1t
does rcesse the subject from his duties TO that
BY the subject loses his rights but does not
escape his obligations.
The inhabitants OF the conquered districts win thus
lose right govern u.s. but will not escape their
obligation TO obey Whatever rights are left 70 them
besides tho rights Of war; will be such as we choose 70
allow them sfor 10 dictate 10 them, not for them to
due ate 10 us ichat privileges they shall enjov
Among the measures sanctioned by the President.
to which he hss, than onco, pledged his sacred
honor which Congress has enforced by solemn laws.
Is tbs liberation OF slaves. The government has invited
them TO share the DANGERS the honor and the
Of sustaining the Union, and has pledged itself TO the
world for their freedom.
Whatever disasters may befall aims whatever hu
mutations may for u.s. II Is earnestly hoped
That may be saved e unbelievable infamy Of breaking
the nation's fo ch Europe, and h coorrd citizens and
si1pes in tn Union.
Now il the rebclious States shall attempt
the Union with constitutions guaranteeing the perpetu
~ OF slavery the laos If those States shall BE- doain
rerired and put force ogdina free blacks and sdrs
shall at orce hau r,nsdied in the Unon in all ia
force and nick dness thai very which has brought
the and all It's terrible train of uGin0s. Tho Is
fought by Shareholders for the pcrpctuity OF slavery
Shall hand over ~ lhem at the end OF the war just
what they have been ghng for7 Shall all blood and
treasure be spilled uscessy upon the ground Shall the
country not protect itself against she evil when has
caused all woesy Win you breathe new life into the
stranged serpent when without your aid he will per h
II you concede State rights 70 your enemies what
curty you that traitors win not state laws
which will render the position Of tho blacks intolerabc
or reduce them all " slavery
Would Il DO honorable the part Of the United States
and then turn Thorn over TO the tender
mercy Of slave laws
viii IL be possible that state slave laws should exisi
and enforced slave States whsut overriding the
hx rnlicd