Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-09-17

OF the army. Hence congress declared
and the President proclaimed that IL was
not their object to injure loyal men; to
interfere with their domestic institutions.
This position OF the Government TO.
ward the rebellious States was Just, tor.
bearing and magnanimous, while the
citizens thereof were generally loyal
But the revolution swept onward the
entire circle of the Southern States
abandoned the Union, and carried with
them all tho border States which they
could influence or control.
Having set up new Government for
themselves; having declared war against
US having sought foreign alliances
having passed acts Of non.intercourse
having seized public property and made
attempts to invade States which refused
to serve their cause; having raised and
maintained large armies and an incipi-
ent navy; assuming, in all respects to
act as an Independent, hostile nation, at
war with the United States; claiming
belligerant rights as an independent peo-
pie alone could have claimed them, aud
Offering to enter into treaties Of alliance
with foreign countries and treaties Of
peace with ours-under these circum-
stances they were no longer merely in
surgents and rebels, but became beilig-
Grant public enemy. The war was no
longer against "certain persons" in the
rebellious States. 1t became a territori-
al war-that is to say, war by all per-
sons situated in the bclligerant territory
against the United States.
Ii we were in war with England,
every Englishman would become pub
lie enemy irrespective of his personal
feelings toward America; his ships on
the sea would be liable to capture him
self would be liable to be killed in bat
lie, or his property situated in this coun.
try would be liable to confscation.
BY similar rule Of the law of ma
tions, whenever two nations are at war,
every subject Of one bellgerent nation
is public enemy of the other.
An individual may be personal
friend and at the same time a public
enemy to the United States, The law
of war defines international relations
When the civil war in America became
territorial war, every citizen residing
in the belligerent districts became pub
lie enemy. irrespective of his private
sentiments, whether loyal or dsloyal,
friendly or hostile. Unionist or Seces-
sionist, guilty or innocent,
!, As public enemies the belligerentl
have claimed to be exchanged is prison
ers of war, instead of admitting ou
right to hang them as murderers an(
pirates. As public enemies they claim
the right to make war upon us, in plail
violation of many of the obligation
8 they would have admitted if they &C
: knowledged the obligations OF claimed
the protection of our Constitution.
If they had claimed any State rights
under our Constitution, they would no,
have violated every one of the provis.
ions thereof limiting the powers oI
States. Asserting no such rights, they
claim immunity from all obligations as
States, or as people--to this Govern
ment or to the United States.
Two questions must be considered.
1st. When did the rebellion become .
territorial civil war?
| I'd. What are the rights of the enemy
under the laws of war
The first question has been settled by
, the Supreme Court of the Unitod States
in the case of the Hiawatha, decided CT
the 9th of March, 1868. In that case
which should be read and studied b,
every citizen of the Union, the members
of the Court differed as to the time wher
the war became territorial. The majo
; ity decided tha. when the fact of genera
a hoslilities existed, the war was territori
q al, and the Supreme Court was bounC
= to take judicial cognizance thereof. Th
! minority orgued that, as Congress alon
y. had power to declare war 80 Congres
4 has power to recognize the existence o
war; and they contend that it was no
until the act of Congress July 13, 1861
p commonly called the Non, ,Intercours
q act, that state of civil, territorial wa
was legitimately recognized. All tn
h Judges agree in the position "that sine
a July 13, 1861, there has existed between
- the United States and the Confecerat
. States civil, territorial war;" .
;, "That since that time the Unite
q States have full belligerent rights again
n all persons residing in the districts d.
:. clared by the Presidents proclamatio
y to be in rebellion" ..
= That the laws of war. "whether thu
a war be civil or inter, gentes. converts eve
= ry citizen OF the hostile State into put
lie enemy, and treats him accordingly
h whatever may have been his previou
&C conduct"
!, That all rights derived from the law
y, :, of war. may now, since 1861, be Lawful
~ ly and constitutionally exercised again
y all the citizens of the districts in rebe
=" lion. ..,....
:. Such being the law Of the land,
;o ';o declared by the Supreme Court, in @
~ ~ der 10 ascertain what are the legal
va constitutional rights of public enemit
we have only to refer to the settled pri
oy ciples OF the belligerent laws oil natiol
WI VI or the laws of war.
u. Some of the laws of war are stated
=. the dissenting opinion, in the case abo
~ mentioned.
70 A state Of foreign war instantly a
~ nuls the most solemn treaties betwe
ny nations. 1t terminates all obligatio
in the nature of compacts of contrac
on at the option of the party obligat
m thereby. 1t destroys all claims Of Q