Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-09-24

pOruon Oh the territory ol the Uniteu States o.
public enemy, that portion is to bo deemed
foreign country, so far regards our reVenu
tatcs" The circumstances under which the cas-
arose, it will be remembered, were as follows:
On the lst day of September, 1914, Castine, il
the State Of Maine, was cap fured by the British
aad remained in the exclusive possession of th
enemy until after the ratification of the treaty o
peace in February 1915 During this period Il
British Government exercised all civil and military
authority over the place, and established custom.
house and admitted goods to be imported accord
ing to regulations prescribed by ITSELF and among
oth"rs admitted the goods upon which duties were
subsequently demanded CATER the resumption of
the national authority by the United States
authorities in the case brought before the court.
These goods remained at Castine until after the
town was evacuated by the enemy, and, upon the
re-establishment there of the United States Gov
ment, the collector of the customs, claiming a
right to United States duties on the goods, took
bond from the defendant as security for their
payment, and it was in order to enforce the pay
ment of these duties that the action wa. brought
~ eAo OoSelbmcut against IUlco. IHC ueClBlOQ
Of the court in the premises wa, as follows:
'Under these circumstances are all of op MON that
the claim for duties cannot be sustained BY the con-
quest and military occupation of Cssne. the enemy
quired that firm which enabled him to
the fullest rights OF sovereignty that pace. The
sovereignty Of the United States the territory ,oas Of
cosrse suspended and the a,rs of the United States
no longer lie righy enforced there be obligatory upon
the inhabitants tchO rsmainsd and submitted to the
querors by the surrender the nbabtnts passed
temporary allegiance to the British Government and
bound by such laws and such only, to recng
mise and mpose. From the nature Of the no other
laws could be obligatory upon them for where there
protection or allegiance or sovereignty there oan he no
claim to obedience Casne wac, therefore, dnr ing this
period far respected laws to be deemed
foreign port and goods imported into it by the inh BIZ
tants to such duties only the British Gov
Mt choe TO require Such goods 10 correct
sense imported Into the United ats The subsequent
evacuation by the enemy aud resumption Of authority by
the United States did not and could not change the
character Of the previous transacons The doctrines
respecting the jus postminii wholly napplcsble to
tire case The goods liable to American dut es.
when imported not at all That they are 30 liable at
the time of importation is clear from what has been al
ready stated; and ,ohes up the return OF peace the
jurisdiction Of the Uned States reGssEsed they
in The prrdlcAmsnt they would have b. if Cas-
tine had been foreign territory ceded b. tre-ty to the
United Ststes and he goods bad been previously imported
there In the latter there would BIZ pretence
say that American duties ud be demanded; and upon
principles of public municipal law, the not
Now, suppose there had been some pundit living
in the year 1919 (when this case was decidedly who
was as learned In the law as Mr.. Solicitor Whit
ing Who does not see that he would have educed
from this decision the marTellous conclusion that
the people of the town of Castne, in the st te of
Maine, b. passing under temporary allegiance to
the British Government, Gas the Southern peo-
pie have passed under temporary allegiance to the
usurpirg authority of Gen. Jefferson Dsviso had
thereby SO forfeited all their rights as citizens Of
"suoh So the Federal Government might allow
them" by special enactment after the restoration of
tho National authority in Castine Nobody Of
course, was then found shallow enough to PROFOUND
any such preposterous doctrine, because then no.
body had aay motive to pervert decision which
carried its meaning its face. It was then seen,
as indeed the Court state in making their deciion,
that "upon the return of peace the Jurisdiction
of the United States was re-assumed" aud that all
the rights Of the people and duties Of the National
Government reverted to the status quo ante beiuna
And all men would see the same truth with equal
ciea'Hccb ao ieRhus Iic tompofaIy uomIudtlOn oI
the insurgents in portion of the country, if some
did not suppose that contrary theory would give
them right to affix unconstitutional terms and
conditions to what they call :" the re-admission Of
the revolted States" The very language they use
under this head classes them with secessionists,
snd Us Postmaster General Blair well says, proves
them to be /" the aiders and abettors Of the Con-
federates." The entire theory is fsacy, con.
ceived and defended for fraudulent purpose.
But suppose it be admitted, for the sake Of ar
gument, that the Supreme Court, in the recent
prize cases, has made decision subject to such
legitimate deductions as Mr.. Whiting draws from
it, when he says that, according to it, terms,
"cvery citizen residing in the bcligorent district
became public enemy, irrespective Of his private
sentiments, whether loyal or disloyal, friendly or
hostile, Unionst or secessionist, guilty or inno-
cent" What follows? Nothing less than a con-
sequence entirely fatal to the validity of the deci
sion in the eyes of all loyal mer; for it is known
that on the bench which rendered this decision
sat two citizens Of States embraced in the territorial
district as to which the President established 9
blockade under the laws of war. We allude to
Judge Catron, OF Tennessee, and Judge Wayne, Of
Georgia. According to Mr.. Whiting, these men
have declared them.elves q nnblic enerpiea IF tho