Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-12-24
WHAT WAS DECIDED

We have repeatedly sought to explain to our
readers the force and effect of the decision rendered
at its last term by the Supreme Court in " the
Prize Cases" as they arc popularity called. These
xpositions rendered necessary by the strange
misunderstanding of this decision, as quoted by
certain political theorists who supposed themselves
to find in it some support for the doctrine which
teaches that the States in the insurgent territory
have ceased to exist and that all their Inhabitants
without regard to their real sentiments and charac
ter, have become and are judically declared to be
without any rights except " the rights of war" We
sought to show that, as well by the nature of the
question before the court by the terms of the dec
sion rendered in the premises no such principles
either could have been propounded or were pro-
pounded by the National Judiciary, which, in pro-
nouncing judgment on the cases brought before it
under admiralty law, was simply called to ascertain
the situation or predcament of certain property,
without finding it necessary to decide any thing
with regard to the moral aninus or political status
Of its owners.
The conspicuous place assigned to this decision
in current political discussions, and the sophistical
use which has been made Of it by those who mis-.
conceive or pervert its real significance and bear
ing, will be- with intelligent readers, sufficient
justification for the reproduction of the subjoined
communication in exposition Of the decision, as
We find it in the columns Of the Boston Daily Ad-
vertser, to which it has been contributed if we
may Judge from the initial that marks its author,
by an eminent member Of the Boston bar, who also
L.ll ,tap L. -
10 the District Court of the United States for
Massachusetts,. The substance of the communi-
cation Is as follows
The Supreme Court decided that the established rule OF
International war respecting enemys pr perty is app
cable b. such internal contest now
in That the extent Of the decision that point and
on q nj the Court unanimous.
What 10 the rule Of international war respecting epemvs
property 10 sufficient for the present purpose to state
IL thus IL person is domciled enemys territory his
property found on the high subject t, capture 1t
l, ministerial what may be the civil political status of
that pran regards the of the capturing
Power lie may b. an alien enemy. He may be a neutral
--peTbsps consul Of a neutral Power; he may be
uytl citizen OF the capturing Power, with an nvolun
tsy d"micil IN the enrmys territory When the Court
csdmns be property, IS because Of the situation or prs
da@sHt r hs property and not because Of the merai sn
Pei,fscsi status VI ITS Ii IL called
properly but that Is technical phrase OF prize law II
Mt imply any thing to the legal political status of
tar e~her One OF the esres condemnation Of
PROPERTY "A
American cfren, who happened to be domiceJ in Liver
poo F rmmercsi purposes when the broke out and
the capture made student Of international law can
rasy supPss cssos where the property even of the Pre-
sdrai etmse 'n that war, ght have been condemned
=. "raemy- property"
Hup ee ns~si N this connesion to refer TO the rea
HPon WI Oh ths rule The re sons are TINT
prcprrty 10 certsn Situations n go placed that the hos
The P"wtr whom the war l. intended to coerce has an
interest 70 Ne existence, ap,it arrival and the cap
taag Pover corresponding interest deprive the enc
ny % h. advantage In this conflict of interests the
CONSENT g nations au'hory-s the strongest to take
Prcperiy y 70 foond At One of the facts which
Ps property W TIN. predicament IL that the owner Of
v hnselt domicilrd 10 The enemys tritory and there
s ~ and b.. property subject TO the unlimited power
a ne eneay " he iaxstoo bs exactons his confsca-
hrns forced contributions, and of all kinds with or
ikost cemps nsaion As the power OF the enemy over
me prePerty % the inhabitants Of his territory does not
spena 80 their political statue and may be increased
~ their e.ine hostile ~ aim, neither does the right o.
he hkerst 10 intercept and take such property depend
- th"-c eonsd rations IL at the discretion Of n
political power 10 frreo the condemnation the owner
y hsesn 10 be loyal subicct. having an involuntary
aenic with the saemy 10 condemn the property and
reusS~rsie The after the over or 10 make
tssnsrsfian AZ judicial question the Prize Court
ca on'y decide that II 10 = lawful prize
The ssPre@e Court applied this rule to present war