New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-08-11

H-nce the Government, relNlng upon tue phlrl"'-
ism of the people, and confident III IT'S Strength
exhibited generous iOrDea!ahee toward the ihS'''
reCtiOn. >,
Wher. at last, 900 o. the militia were called
ont the President still relied upon the Union senti-
ment OF the South, sill announced the Intention not
TO interfere with loyal men, but, on the contrary,
to regard their rlghs still under the protection o.
tie Constitution. The action of Congress was IN ac-
cordarce with tins policy. The war waged by thid
! Government was then personal war, a "hr u. a's'
ReOels; a war prosecuted in the hope ana nehel 'n
he body Of the people were still Tiendiy 10 the
| Uulon who. Temporarily overborne, would Sooh
| r GIT themselves by the aid OF the Army Hence
Congress decared and the President proclaimed mat
it was not heir object TO insure loyal men 10 n'eI
fere with their rights or their domestic institutions
Il This position Of the Government toward the ne
bellious States was just torbearlng and mayhan-
NOUS while the citizens thereof were Reneiaily
loyal But the revolution swept onward. Inc GU
tire circle of ,he Southern States abandoned sne
Union. and carried with them all the Border o'a'e'
which they could influence or control 49,,
i Having SET no a new government for them
!, selves; having declared war against Us; nsvihe
sought foreign alliances having pSsreu us
OF non .ntercourse; having seized puohc prop
erty and made attempts to invade oIa.es
which refused 10 serve their cause; having raised
and maintained large armies ana an ipcpieh'
navy; assuming in all respects TO sc, as an haepeh'
dent, hostile nalion at war with the United Ststes
claiming beiliseren rights rs an independent people
alone could claim them, and Offering To enter iuto
treaties of alliance with foreign countries and oil
treaties of peace with Ours-uuder these crcum.
stances they were no longer merely insurgents and
Rebels but became Ia Oelliselent public enemy. Inc
war was no longer against certain persons III the
Rebelious States Ii became territorial wst-
that is to BAY war by all persons situated III the
bengerept territory against the United States.
II we were in war with England, every Eng
l.shmau would become public enemy irrespective
of his personal feelings toward America. However
friendly he might be toward America, his shps on
the sea would he liable to CAPTURE himself would
be liable to he killed IN battle bis property stu
sted IN THIS country would To subject TO eonhscs'
: ton.
By similar rule of the Law Of nations, whenever
two nations are n war, every subject OF one behg'
erent nation is public enemy OF the olher
An individual may be personal friend and at the
. same time a public euemy TO the United Staes The
p law OF war defines international relations.
/ When the civil war IN America became terri
toral war, every citizen residing III toe belhg.reni
districts became public enemy irrespective oi hir
pryale sentiments whether loyal or dlsloyal, friend
. " or hostile, Uuionist or Secessonisi guilty or III
5 nocent.
! As public enemies the belligerents have claimed
TO be exchanged prisoners Of war, instead OF I'D
: hitting our night 10 hang them as muTderers mud
= pirates AZ public enemies they clam the night 10
/ make war upon us, in plain violation Of macy Of
the obligations they would have admitted Al they
? scknow lodged the obligations Or claimed the pro
3 lection Of our Constitution.
II they had claimed any State rights under on
Constitution, they would not have violated every
one of the provisions thereof, limiting the powers Of
Z StatA Asserting no such nights, they clam immu
nity from all obi cations ates, or peopleIC
this Government or 20 the United States.
i Two questions must lie considered.
LIST. When did The rebellion become territorial
civil war
5 . What are the rights Of the enemy under tn
y laws of wari
The fret question has been settled by the suprem.
\ Court Of the United States in the Of the His
vaths decided on the 9Th Of March, 1885. In tha
0 case, which should be read and studied by every
citizen OF the Union, the members Of tho Court dif
fered III opinion 10 the time when tie war became
E territorial. The majority decided that when The
fact Of general hosiiltes existed the war was ter
ritOrial, and the supreme Court was bound 10 take
!, iudicial coyuizance thereof The minority gued
Tat 70 Congress alone had power 70 declare war
20 Congress alone has power 10 recognize the exist
, eDce OF WAR aud they contonded that II wns not
until the Act Of Congress Of Julyl3, 1901, commonly
called the Non-ntercourse Act that stste OF civil
territorial war was legtima'ely recognized. All the
r judges agree IN the position that since Jnly
/ l3, lSol, there bus existed between the UniIet
States aud tie Confederate States b civil, teritoIi
] war
40 That since that time the United States have
FULL begerent rights aguins. Ill persons residing
In the districts declared ny the Presiden,s Proc
$ lamatson 10 lie in rebellion
That the laws OF war, whether that war be
civil or inter genfes converts every citizen of the
hostile state into q public enemy, and treats him
accordingly, whatever may have been hs prevou,
J conduct"
, That all tue rights derived from the laws Of war,
may now aimee 1861, be lawfully and constitution
ally exereised against all tie citizens Of tie dis
1 ,riCts III rebellion.
| Such being the law Of the land, as declared by
the Supreme Court, IN order TO sscerta.n what are
the legal or constitutional. righis Of putlc enemes
have only 10 refer ~ the settled principles OF TIE
5 belligerent law Of nations, or tie LAVE Of war.
Some Of the laws Of war are stated in the die
sentiDg opinion, in the case above mentioned.
{ A stas OF foreign war instantly snnuls the moe,
solemn treaie, between nations. IL terminates all
obligations III the nature Of compacts contracts,
al the option Of the party obligated thereby. IL
destroys ali claims Of belgerent upon tho other.
except those which may be sanctioned by u treaty
: OF peace. civil, territorial has the same
effect excepting only tia; the sovereign may treat
The rebels as subjects as well as belligerents.
Hence civil war, In which the belhgerents have
become territorial enemies, instantly annuls all
nights or claims Of public enemies agains. the United
States, under the Constitution laws whether that
Constitution be called compact, d treaty, or IL
covenant, and whether the parties 10 it States
In their sovereign capacity, or the people Of the
United States aB Individuals.
Auy Oher result would be ar incompreheDrible US
it would be mischieyous. public enemy Cannot,
lawfully, claim the night Of entering Congress, and
voting down the measures taken TO subue Tim
Why not Because he is public enemy; because
by becoming puphc enemy, he has annulled and
Lost his rghts III the Government, and never
regain them excepting by consent.
II the inhabitants OF large part Of the Union
have, by becoming public enemies, surrendered and
sDnulled their former rights, the question arises can
they recover them. Such rights cannot 10 RECLAIMED
by reason Of their having ceased to fight. The char
acter OF public enemy having once been stamped
upon them BY the laws Of war, remains fixed until
II shall have been, by our consent removed.
To stop fighting does not make them cease 10 DO