, 1863-08-15

the United States and the Confederate States
. civil, territorial var.
tsThat since that time the United States
have full, belligerent rights against all per-
sons residing III the districts declared by the
Presidents Proclamation to be In rebellion"
That the 1aws Of war. 'whether that war bo
civil or inter gerltes, converts every citizen Of
the hostile State into public enemy, and
treats him accordingly, whatever may hare
been his previous conduct"
war, may now, Eiuce 1851, be lawfully and
constitutlonally exercised against all the eitl-
zens Of the districts In rebellion.
Such being the Law of the land, as declared
by the Supreme Court, In order to ascertain
what are the Legal Or constitutional rights Of
settled principles Of the belligerent laW Of M
tions, or the laws Of var.
Some Of the laws Of war are stated in the
dissenting opinion, in the case ADORE men
toned. 4.
A state Of foreign var instantly annuls the
inmates al obligations In the nature Of COM
pacts or contracts, at the option Of the party
obligated thereby. It destroys MI claims Of
one be1ligelent upon the other, except those
which may be sanctioned by treaty of peace.
A civil, territorial war has the samc effect, ex-
ccptiuE Only that the sovereign may treat the
rebtls as subjects as well Us belllgeTents.
Hence, civil war, in which the belligerents
have become territorial enemies, Instantly
annuls all rights or claims Of public enemies
against the United States, under the Consti-
tuition Or laws, whether that Constitution be
whether the parties to It were States, In their
sovereign capacity, or the people Of the Uni
ted States as individuals
Any other result would be as Incompetent
sib!e as 1t would be miachieyous. A public
enemy cannot, lawfully claim tho right Of an
terlrs Congress, and voting down tho meas
ures taken to subaue him
Why not? Because be IL q public enemy;
because, by becoming public enemy, he has
abuulled and lost his rights In the Govern
ment ard can never regain them, excepting
by our consent.
Union have, BY becoming public enemies, sur
rendered md annulled their former rights,
the question arises, can they recover them?
Such rights cannot be regained by reason Of
their having ceased to fight. Tbs character
Of public enemy having been stamped upon
1t shall have been. BY our consent, removed.
To stop fighting does not make them cease
to be public enemies, because they hare laid
down their arms for want Of powder, not for
want Of will Peace does not restore the no.
bic dend WHO hare fallen sacrifice to treason.
Nor does 1t revive the rights once extin-
guished By civil, terrible war. Each person
tnhabHing those sections Of the country de-
clared by the. PresIdent's Proclamation to be
In rebellion, has the right to what belongs to
public enemy, and no more He can have
70 right to take any part In our Goyernment.
country, while he is waging war or after he
has been hubdued. 4 public enemy has
right to participate in or to assume the Gov.
einment ot, the United States only when he
has conquered the United States. We find in
this well aettled doctrine OF be1ligerent law
the solution Of all questions in relation to
State rights. Alter tie Inhabitants Of dis
trtct have become public enemies thoy have
no rights, ether State or personal, against
The United States. They are belliaercnts
qRSI qinSls anu n''' 4e'' 70 'nem on's oel'eefent
i fSnnnosa that NIL fhc 1nhaht.ants 1;v;cg IN
snn1f Garoijn. shnnid ha s1rent ofT o. fhnt M
sniitude should reirn thronehoat it's hoTders,
nnbToicn 1v nnv Ii2inp thin9r .STnn1d tha Statos,
rights Of sonth CaroliSa stIi exist, Is attach.
~; tn The Iert1 ttseifs N@
Can there BE- n a5vereirntv u,thout a nco,
plc. ora State without iniabitanfs stata
1fphts. 20 far ~ they concern the TInTon rrs
fise rirhts Of nersona' ~ rlernhe1s ~ n sfafe s
IN relation to fha General Goyernnent. md
when thc person has become nnblic enernV. nv
war. Ami when iii The inahtanfs hsra nv
enr,otn T. c1vi1 far,tns.ai War 1hecc4na 19y
liz e1;e1}es t. IL tha sosa - fas.i ,tI+ ~
thnnrf the ;n1,ohifsnts hoa hcan sonihf1nf,a5 =
Qo Tar az t1,fa cncrn-ovcot {a conca-,,aJ cf~;l
war obliteratcd Ill lines Of States or conntries;
Which sena rita 1,s from a nnh1ic enemV ~ AA4'
do not pincn 1eiianco unnn fhe conrnon
law doctrinc Of forfsItures IF franchises as M.
plfcab!e 10 this revolntfop. for forfe1tnre c5n
be founded only upon the admission Of he
founded. ~' ':' - "'14s1 iof'e1sufe Is
Nor does the belljgerent law of civil tarr;.
torial war, whereby q public enemy inses }1;s
rights us citizen, admit the right Of seces-
sion. It is not any vote or law Of secessfon
that makes an Individual O public euemy.. A
person may commit he1uous offsnses
against municipal law, md Commit
acts of hostility against the GoYern-
ment, without being public enpmy. 70
be a personal enemy Is NOT to be : public ere.
my to the country, In the eye Of belliserent
Or international laW. Whose engages in an
insn5tectlon 9 IS personal enemy, but it is not,
torial val, that he becomes apnblir enemy.
It must also be remembered TINT the right
Of secession is not conceded BY enforcement
Of ptll}serent Law, since In civil war nation
has the right to treat its citizens either as
subjects or rs beligerents, or as both Hence
while belligerent law destroys ali claims Of
subjects engaged In clyil var, as against the
parent government. It does not rclease the
subject from his dnties to that government.
By var the subject loses his rights, but does
not escape his obligations.
viii thus lose the right to govern Us, but win
not escape their oblieatIors to obey rs.
Whatever rights arc left to them. beside the
rights Of war, will be such as NC choose to IL
low them. II is for us to dictate to them not
for them to dictate to Us what privileges they
shall enjoy.
Among the war measures sanctioned By tho
President, to which he has, more than once
pledged his sacred honor, and which Cog