The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-08-28
A Theory Self-COndemned by Its
Statement.


of William Whiting, ESQ.,, the Solicitor of
the War Department, addressed to the
Union League of Philadelphia, " in expo
sition of the political situation created by
the progress of the war. In this publica-
ton Mr.. Whiting contends that the war
between the Government and the insur-
gents has at present reached such a stage
that, alike in law and in fact, it has be
come a " territorial civil war; Fl" that is, as
he adds, ga war by all persons situated in
the belligerent territory against the United
States" He says:
Whenever two nations are at war, every sub
ject OF one belligerent nation is public enemy
OF the other. An individual may be personal
friend and at the same time public enemy to
the United States. The law of war defines in
ternational relations. When the civil war in
America became territorial war, every citi-
zen residing in belligerent districts became o
public enemy, irrespective of his private senti-
ments, whether loyal or dislOyal, friendly or
hostile, Unionist or sscessionist, guilty or in.
nOcent.
According to this logic, therefore, every
citizen and subject of the Southern Gov
eminent, whether loyal or disloyal, friendly
or hostile, UniOnist or secessiOnist, guilty
or innocent, black or white, bond or free,
is to be held and treated as a public
enemy of the United States.
The rights of persons inhabiting the
seeded States, and especially of such as
are covered by the Presidents emancipa-
ton edict, are thus comprehensively de-
fined:
Each person inhabiting those sections of the
country declared by the Presidents proclama-'
n ha Ir1r AhcIIi ho, th< H.
belongs to public enemy, and no more. He
can have no right to take any part in our Gov
eminent. That right does not belong to an
enemy of the country while he is waging war
or after he has been subdued. A public enemy
has right to participate in or to assume the
he has conquered the United States. We find
in this well settled doctrine of belligerent law
the solution of all questions in relation to
State rights. After the inhabitants of a dis
trict have become public enemies they have no
rights, either State or personal, against the
United States. They are beligerents only, and
have left them only belligerent rights.
each person inhabiting these Sec
tons, says Mr.. Whiting, has ''the right to
what belongs to public enemy and no
more.'' Each person includes, of
course, the ''loyal blacks" equally with
the ''loyal whites;" for, in Mr.. Writings
vocabulary, it makes no distinction as to
the rights of persons inhabiting the ''se-
coded States,'' whether they are ''loyal
Or disloyal, friendly or hostile, Unionists
Or secessionists, guilty or innocent and,
OF course, there can be none created by
the mere accident Of their complexion
But, while placing the black men of the
South in the same category of 'spublic
enemies with the white men, Mr.. Whiting,
with a ludicrous inconsistency which dis
closes the infirmity Of his logic, very sin
gularly maintains that, under the Eman-
cipation Proclamation, the Slaves of the
South are, at one and the same time,
''public enemies" and loyal allies of the
Government, and holds that the proclama-
ton itself has established between the
Government and'its black public enemies
of the South an irrepealable covenant of
friendship and alliance! To this purport
he says:
Among the war measures sanctioned by the
President, to which he has, more than once,
pledged his sacred honor, and which Congress
has enforced by solemn laws, is the liberation
of slaves. The Government has invited them
to share the dangers, the honor, and the adj
vantages of sustaining the Union, and has
pledged itself to the world for their freedom.
Whatever disasters may befall our arms,
whatever humiliation may be in store for us,
it i, earnestly hoped that we may be saved the
unfathomable intamy of breaking the nations
faith with Europe and with cOlored citizens
and slaves IN the Union.
So, then, according to this logic, ''the
colored citizens and slaves in the Union ~
can be used interchangeable to signify
"public enemies and persons ''mvited to
share the dangers, the honors, and the adj
vantages of sustaining the Union" But
this logic does not hold good as regards
the whites. They are not taken into Mr.
Writings account.
1t is interesting to speak in Mr.. Whit
ing's own language ofthe difficulties of the
position - created by his theory Of the
war They are thus frankly stated:
Let us, then, endcavor to appreciate the dit
ticuties of our present position.
OF several subjects to which, were it now in
my power: would ask your earnest attention,
! can speak Of one only.
| As the success of the Union cause shall be-
come more certain and apparent to the enemy
in varions localities they will lay down arms
and cease fighting Their bitter and deep
rooted hatred of the Government and of all
f.! Northern u,eh who are not traitors, and of all
Southern men who are loyal, will still remain
! interviewer in every fibre of their hearts, and
/ will be made, ii possible, more intense by the
| Illumination OF conquest and subsection. The
| foot OF the conquerOr planted upon their proud
| necks will not sweeten their tempers, and their
and