Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-21

nation, as we'll az the United States consider sav
property Slaves belonging to private individuals
private property.
Again, In writing to Mr.. Rush, then at Lor
don, on the 7th Of July, 1920, Mr.. Adams a.
. serts the doctrine in clear and distinct terms
} He says:
The principle Is, that Tho emancipation of enema,
saves % not among he acts Of legitimate aody-as r.
ates to the owners, 10 destruction Of private prop
ery nowhere warranted by the usages Of war; Thi
principle must. think, be peculiarly familiar to M
Emperor Of Russia and may be pressed upon bis aten
ton In the case Of reference with effect.
But again, In writing to Mr.. Middleton or
the same subject, under date of October I8
iS2O, Mr.. Adams enforces with great powel
the same doctrine. He writes:
In the statement Of the British ground Of ar0umsn,
upon me claim In the submission, they have broadly
asserted the right OF emancipang savespriyate pron
erty-as Legitimate right OF war. This is utterly n
eompIehenSible on the part OF nation whose subiecls
mad slaves by millions, and who in this very treaty
recognized them as private property No such r0bt Il
ackhow wledged law Of war BY writer's who admit ~
limitation The right Of putting to death all prsone rs
IN ~ soIa blood and without special cause might as wen
DoipaOsa 20 DO law OF war, or the right to use
peror VIII not recognize the right of napcipaton
legitimate warfare and am persuaded you will presen
the arguments against 1t.
nave also here some authority from Thomas
Il Benton on the same question. In bis Thirty
fears in the Senate, speaking of the result of
this controversy with Great Britain, Mr.. Ben.
ton says:
Ihe Indemnity exaced carried along with It the con
demnation OF the practice as o spoation of nrivate
property TO be atoned for, and was both
Tor the past and warning for the future IL Implied
Iesponsoliity which no power or art or time could
snu .ne pInelple OF which being established,
there VIII be no need for aibitrationH.
In aonnrdannA with tba r,I,o.,Iu ..tI
this controversy, we received from Great Brit.
ain the cum OF 81 ,204 $50; and it seems To mn
that after pocketing the money, on the pripci.
pie that by the law Of nations 1.-THE emsn Gina.
ton OF enemy's slaves is not among the aots
OF legitimate war;" We should consider thia
question as settled, and be estopped from con-
troverting the doctrine A gentleman near me
asks me, "Snppose we are committed to thi:
doctrneW
l do not know what he means by the cues.
tloDI unless Ii be that he considers that the
same doctrine does not apply to those in rebel.
lion against the Government of the United
States was coming to that point next, and
Will now proceed TO examine il, assert it 10
be principle OF the Law of nations, and which
has already been recognized aud acted ON by
the United States, that the army of the Con.
federates Ia to DO regarded as belliRerent ar
my, and as such, the same rules, usages and
principles OF the law of nations as are applied
to two separate And distinct nations at war. an.
ply and regulate the war nov existing in this
country.
l read from Vattel, Book III, Chap. ls. He
lays down the following principle:
civil war breaks the bands OF society and Govarr
ment or at least suspends their force and effect; Il
produces In the nation two ndepe
ing each other as enemies and no com
mon Judge therefore Of necessity these two parties
must at least for time be considered as forming two
separate bodies, two distinct people. Though one Of
hem may be In the wrong In breaking the continuity Of
lne stale TO rise up against lawful they are
NOT me less divided In fact. Besides who shall fudge
tnem! VINO shall pronounce which aide the right or
!he wrong lies! On earth they have no common super
iOr Thus they are In the OF nations who have
dispute which they cannot adjust and are compelled
to decide 1t by force OF arms.
Things being thus situated IL is evident that the COM
mon laws OF war, those maxinD of humanity modela-
uion and probity which have before enumerated and
recommended, are in civil to he observed on both
sides. ~
From this authority, say that the United
States has no more right to issue a proclsma.
tion OF emancipation of the slaves of the States
In rebellion, than ii We were at war With for
eign nation. -
ITO he continual L