The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1864-02-23


subject % i.s conditions. The Innocence Of
indiSidpsls forms no protection (excspt in
personal point Of view) to those residing 10 .
hostile territory. ~ iaa
Vsttel, page SIl, says: tr0 s. +
"When The sovereign OF. ruler Of ., State
declares war against anothsr sovereign. il is
undsislood that the whole nation declares war
against another nation. Hence tho two IA.
tions are enemies, and all the subjects of the
one are enemies of oil ibe subjects Of the 9th.
er. Since women and children are subjects Of
the State aud members of The nation, they
are TO be ranked 10 the class Of enemies
Even the innscepce of women aud chill
dren does not screen them from the fate of
their nation. Tue, 10 dealing with them
personally, great difference is made between
the iunoceat aud the guilty. But how can
it be said that the States are not at wari-
individuals do not make war. Indivicusls
NAV tsks life, but they canno. make war.
They cannot be recognized as belligeren,s.
War is made by chartered or ccrporats CON-
munities, by nations Of States
PhiliimOr", volume three, page lol, section
sixty nine, says: fr 81
"Neverlhelcss, as war is the conflict of so
cieties, that is, Of corporate bodies recogniz
ius asd. governed BIZ law in all their actions"
&c. ~ - . - e. = : . - i.'
On page 100. section sixty-eight, bs says:
"a war between private indiyddals, who
are member. Of society, cannot exist. Tho
uss OF force 10 such case is trespa~s Of VIC.
lat ion Of municipal law, and not war;"
The Supreme Court of the United States,
in the prize cases decided at it's last sessicn,
says:
Silence, in organizing this rebellion, they
have actedas Stutes claiming TO 30 sovereign
over oil prrs ms and property within their res
peeliye limits, and asserting rightto ateolve
their Origins from their allegiance TO the Fed.
elal Government.
Mr.. SMITH. do not exactly understand
the position of the gentleman, nor dv know
that the quest ion which propose to a'k will
] cause any difference in the result at which the
gent Ieman arrives; but from the remarks al
ready made by him ! desire to ask him this
question VII haiher be takes the ground that a
State, and moi the individuals Of State, com.
mts ,he crime Of treason against the Govern.
! meut Of the United Statesi
Mr.. STEVENS l take the ground, or,
that when you cannot punish them as traitors
you can make war with them as belligerents.
II is not question Of punishiug under To,
Constitution, but outside Of it. These men
are enemies, and We are treating them as en-.
emics; and have o doubt that, as States,
thew are at war with rs.
Mr.. SMITH. The question that mean to
put directly, il the gentleman will allow me,
Is this: whether the Government has power
to punish State in its corporate capacity
and not the citizens Of State as indIvidu
aIsi
NJ. STEVENS. I mean 10 say that il n
State, as State, makes war upon the Gov.
ernmen, and beco,nes belligerent power We
t,eat it as foreign nation, and when we con
quer Vt We treat it Just as we do any other
foreign nation. That Is my position, very
distinctly.
Mr.. SMITH. ! understand the rule Of law
10 be that corporation has neither body nor
nor soul; and therefore ] would like 10 ask
the question whether We can punish 9 State
which, as corporation, has neither body nor
soul?
Mr.. STEVENS. II the gentleman be right
how then could we punieh Great Britain when
We make war upon heri Ifshe has no soTl
to be damned, she certainly has body to be
seized. Laughter When We conquer her
we shall take care, let me tell the gentleman.
that sbe shall be properly punished, if We have
any regard for our people at al.
Mr.. BLISS. ask the gentleman from
Prunsy lyahia, If the seccded States are for
eign governments, what right we have 10 ad-
judicate upon their private property.
Mr.. STEVENS. When we seizs il as the
property OF enemies during war we have a
right to take il.
Mr.. BLISS. And bold jurisdiction over
the soil OF foreign countryi
Mr.. STEVENS. That is what should
call apphibious action, which the gentleman
will understand from my remarks.
"All persons residing within this territory
whose property may be used to increase the
revenues OF the hostile Power, are in this con
test liable to be treated as enemies, though
not Foreigners.
This seems TO settle the question. This
may work hardship on loyal men opposed
to the war. But to escape the condition Of
enemies they must change their domici-
leave the hostile State; for again ] repeat
there can b. no neutrals in a hostile State -
As the United States are at war with an ac-
kuowledged beligerent, with foreign nation
and rs such war has abrogated all former
compacts existing between them, neither
the United States nor the confederate States
can, as against the other CLAIM the aid OF the
Constitution or the laws passed under it. II
they still exist, the slaveholder Of South Car
olina might claim the aid Of the fugitive
slave Law to regain bis abscouded slave. So
General Barksdae anl others we're murdered,
because hs was shot down without being
tried and condemned according to the pro:
visions OF the Constitution. f IL
I am not now considering how f.r under
the rigbts Of sovereignty tho parent States
may punish tho Individual traitors when the
J municipal laws shall resume their away. ]
am treating OF the disabilities Of the bcllig.
eren,s and their 'igLts as belligereuts uader
the Constitution; ! deny that Ihey have any
The associated States, acting as public coo.
my. can claim uo,hiug yhich the laws Of wat
10 not graft. sa- fa ts
} By the law of nations, the captain aud
crew OF vessel are supposed TO be standing
, on the soil Of the nation whose fiag the ship
, besys, although 10 distant seas. Those arm
J cd vessels who belong TO no nation and make
war are pirates. The Alabama and it, EEL.
: i