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

They held that the property OF person domced In enc
mys territory subject 10 capture question Of
law, it being political question whether that right OF
capture should be enforced. Ii mmateral, do
tic foreign war, whether the owner do
mcied, be rebel citizen loyal citizen foreigner
sidiog the rebellion voluntarily DvoluaUariy loyal
citizen having involuntary d0uic there The do
etded absoutey nothing the legal political Of
The IN relation TO Government To guard
against mistake which might from the of the
term enemys property the court expressly says that
enemy's properly is technical term peculiar to prize
law" AS Chief Justice Marshall said it is "a hostile
character impressed the property, from its predca-
ment situation, that gives il that name.
It further necessary inquire how the court treated
the question If "enemys territory, residence OF the
in which renders the property at liable TO cap
ture. Here, again they simply applied to our contest
the admitted OF inter at0nallaw What that rule
1t is sufficient for the present purpose to that certain
kind and degree possession b. the enemy and the
else of dc ocio jurisdiction over region renders it, for
the purposes of and of the prize law enemys terri
tory" Whether place is in he meaning Of the prize
law, "enemya territory question Of fact lie does
result from tre aies, stau ordinances any paper
title War is appeal to force and force settles the
question for the time In the OF I8l214 the PENN
sula OF Castne became enemy's territory, within the
meaning of the laws of If vessel belonging 10
person domced aud actually residing there at that time
had been taken by one of cruisers bound into that
port Prize Courts would have condemned 1t lawful
prize, without deciding inquirng whether the
British subject, an American citizen, neutral
The doctrine of Of does not the basis OF
penalty the ooner for his persona hostility act al or
implied The basis If the right Of beiigerst
Poioer 10 another tegerem Posr byt King from its
control ana possi6is use property and materials y
certain descriptions and Joand TN rain predc0msnfs
When the Br fish withdrew their occupation of Castne
The owner of this property condemned enemys pro-
pery, if cit OF the United States, would have
sumed all his rights and duties SUCH and act If the
people of Castne, of the National Government of
the State would be necessary to establish his
status CITIZEN or the status of Caslne part Of the
State and nation .
NOW, all the Supreme Court did 10 respect TO the
proposition Of enemys territory to apply the rules
of international war to contest far the law of
prize Concerned The OF the vessels and their
goes had their domice and actual residence in Rich
mond, Virginia. The region in which they resided was
at the time of the capture and adjudication far in the
possession and under such control and de actO urisdc
ton of enemies of the United States render Rich
mond at that time, within the meaning Of prize law,
enemys territory That result not ooing to State
lines secession ordinances any other 0n0t acts
Of States people question Of de Jacto toreibe
occupation, Rchnnnd would have been pronounced
enemys territory and this property condemned as
enemy's property equally well If Virginia had
passed an ordinance of secession. And, conversely, il
would not have been decreed "euemys terrcry, with
all its secession ordinance ii it had been in posses
sion and the property could have heen decreed
mys property" although its owner still residing there,
had drawn the ordinance himself, and every Vir-
gina had voted for the ordinance do not speak of tor
ieture or confiseatiop They are matters Of municipal
law. speak of Prize of War; Here, again. to guard
against possible mistake this point, the Court says
thai enemys territory "a boundary marked by Ines al
bayonets. 1t is varying line depending de Jaeto
condition, and not on the enemys Legislation, valid in
valid What kind an degree Of possession necessary
to constitute region "enemys territory" for the pur
poses of the law OF prize, the Court did not think
sary to decide for the the enemy had Of Rich
mond sufficient to satisfy any possible definition. III
the reader desires to investigate the question of the kind
and degree Of possession by the enemy which will make
region enemys territory for the time being he will find
nearly s the law the subject in the Of the Gerasi
mo, in / | Moore's Pr Council R-ports)
Permit in cloeog, present the following synopsis
of What The Supreme Court did aud did not decide
What the court did not decide:
The court did not decide that the passing Of the
ordinances of made the territory If the nsur
gent States enemys territory, its inhabitants alien
enemies.
The court did not decide that the passing Of the
cession ordinances Terminated in any way impaired
the legal relations of the nsurgsnt States bodies
polite, with the General Government the political
relations of their inhabitants with the General Govern
men5 or with their respective States.
The court decided absolutely nothing to the effect
of the passing Of the ordinances the civil
political relations of the inhabitants IF thu nsurgeu
States with the General Government with their respec
tive States or the relations Of the nsurgent States
bodies polite, with the General Government.
The court did not decide that tie inhabitants of the
sscedng States alien at ALL that the
tory of thase States is enemy's territory.
What the court did decide:
That IN of domestic war, he Government of he
United st ties may, at its option, the powers and rights
known to the international laws of war blockade and
capture of enemys property at sea.
That to determine whether property found at is
enemys property" within the meaning of the law Of
prize, the tests may be applied in domestic as iu-
ternationa
One OF those tests is that the owner Of the property
so found has his domic and residence in place of which
the enemy (whether rebel foreign enemy has certain
KIDD and degree of possession with the exercise OF de
facto jurisdiction
a. Richmond, Virginia, was at the time of the capture
and Condemnation of those vesse under such
and control of the enemy to render it ndputsby
mys territory within the strictest definitions known to
the laws Of war. d.