Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1863-09-29
~. VtjCRAnlH NEW :

Tss 1eGessi lnlsNIk Ssesr, ~bIch
seldom ssys ssyshing which il ought no,
to say, OF moro than e ought 70 cav, and
freqssntly leaves usssid censuses inst,y
called for, has, 10 b,ief review Of Sole,
itor Whitiogs famed letter, demoIlsh ed
the foundation upon witch the theo-
RES OF the ingenious pettifoggcr acted.
Mr.. Writings based his argument upon
decision Of the Supreme Cont declAr.
ing the cit zcns Of the insurgent States
"pubiic encmies" He urged that pub
lie enemies had, and could have, no po.
lltical tights in the government to which
they wese enemies. The decision to
which he referred vas q case in sdmi-
rality, concerning the vessel Hidscatho.
Ine court, in that decision, qualified its
use Of the term "pubIio enemies" which
qualification Mr.. WhIug failed to O. ote,
but which We here present:
"Bui, in defining the meaning fthe
term 'enemrcs property, We will be led
into error # We refer to Fieta aid Lord
Coke for their definition OF the word eu-
envy. 1t is technical phrase pecnlia,
30 prize courts, aud depends upon prin-
cipies OF putlic as Distinguished from
common law. Whether property be Ii
able to capture as enemies property doe.
not in any manner depend on the per
sonal allegiance Of the owner. 1t 10 IL
legal traffic that stamps Il as enem.es
property. III il OF no COILS, queuce
whether it belongs to an ally or citizen
Is Cranch, 354), the owner pro hac yice
Is az enemy. q Washington, q. c.
1881 The produce OF the soil of the
hostile terri orr, as well as other proper
iy en4agec in the Commerce Of the hos
tile power, as sources Of lis wealth and
siren 9TH, are always regarded as legiti-
mate prsze, without regard to the dom
icile OF the owner, and much more so il
be reside and trade within their terrific
~. (see Upton, chap. 3 Tha, foi.he-
the examination Of these to general
quest Gus. II remains to apply these
conclu lone, and examine tbs several
ases before us'in reference to the OR
veculiar TO EACH"
Upon this the Luteitiyencer says:
"Ihis decision OF the court, it will be
seen, goes simply to the extent of declar
ing that, by rhc armed iUsnrrec ion now
pending in certain portion OF The terri
tory OF the United States the inhabi.
tauts thereof are liodtc to he treated as
enem'es,' by the coniiiscation, under adj
'n'raIty law. OF pr perry that may be |
used 10 Inc. ease the re ources Of the hos
tile power. The decision has this ex-
lcnt and no more"
According to Mr.. Whiting, the fact
Of their living in an enemy's country
them public enemies, and de-
prAei them of all political rights. Two
,f the Judges were residents Of The in.
'utg' mt Stalcs,-Judge Wayne, of Geor.
ga, and Judge Ca,ro", OF Tennessee.
On these facts the I.telligencer com
men as follows:
80. most astute Mr. Whiting Please
choose UPON which horn Of the sulioincd
lllemma you willImpale yourself. Either
he Supreme Court rendered the decis.
on which you affirm, or 1t did not. II
I did, then 1t Is decision which was
'tiated IN the making. Tor in making it
NO of he Judges have declared them
selves pubic euemits,' and AS such hay.
ng no rights save the rights OF war; and
certainly no right to expound law for
oval men. Ii it didn OF, then the who
of your argumen,t based
IN the assumption it dids falls to tie
ground"
We submit that the In eli'gencer has
pinned the So icltor to the wall Will
some OF his friends undertake his release.