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

above all, will exclude forever ths infsrus
cause Of this rebellion Human bondage-frou
the continent Of Noslh America.
In order rightly TO determine this question
We must inbuire whether The .conisde'ais
S1stes'sars 10 be coosideled ~ a hostils p~o
pie, entitled to no other protection or privile
ges than, are due to foreigo nations. at wal
each, o.hes. IL the present con,eal TO be rs
garded, az public war, and to, be governed
BY the rules Of civilized warfare, OF only do
mestic insurreclion, to be suppressed by crim.
inal prosecutions before the courts Of the coun-
tryi II the latter, then tho insurgen.s q. when
proceeded against have right to invoke tho
protection oi the Constitution aud municipal
laws II the i,Emer, then. they arc subject TO
the laws Of war alone.
Another important question j., is this war
waged, by States iu their corporate capacity,
or is il merely u reasonable outbreak by
guilty Individuals.
/ vattsll, wages 424, AS, says. as
"Wben in a 'epabIlc The nation is divided
into two opposite factions, and bpl D. sds take
up arms, this is called civil war;, The SOW
ereign indeed never fails to bcstow the appel
laton Of rebels ou. all such of bis subjects MS
openly resist him; but when the latter have
acquired sufficient st,sagtp 10 give him effec.
tual opposition. and obligs BIN 10 carry on
the war against them according 70 the estab.
IisheJ rules, be. must necessarily submit to the
use Of the term civil war;"
"Ou earth they have 10 common superior.
They stand precisely in the same predicameni
rs two nations who engage IN contest, and
k..ss, Ia. m tn hup on
recourse 10 arms" issa faot, :
When an iusurrcction becomes sufficiently
formidable to rnli,e the party to beIlIgerenl
rights it places the contending Powers on
precisely the same footing as foreign nations
ut war wi h each other. For all the couse.
quences of war, of combat, and Of Conquest
tnvy are foreign nations. Judge Grier, 10 a
most able, lucid, aud conclusive opinioa deliv-
cred in the prlz. Cases. says: f1.a ~
I" The parties beligerent in public war are
independent nations"
No one arqusinled with the magnitude Of
this contest can deny TO it the character OF q
civa war. For nearly three years the Con
federaie States have maintained their decara.
,ion ofirdepeudence by iorce Of arms. True,
they have me. with sad defeats. But success
/
deIs their p silion beyond controversy is, the
great Powers Of Europe have Acknowledged
lbea as 6eIige anls, entitled from foreign ma
lions to equal rights with the parent Govern
ment. What is still more conclusive, we have
acknowledged them ne belligeren,s ourselves.
With unfortunate haste We blockaded their
ports. A blockade is declared only against a
foreign nation. Ii they were still members
Of tho Union, we should repeal the laws grant
lDg ports OF emery. A nation dos not block
ade itself We have lrea ed their captive eol
diers as prisoners Of war, not as rebels; we
have exchanged prisoners; We have sect and
rec lived flags Ut truce. This is not the usage
awarded to an uporgsniz,d banditli.
What, then, IS the effect of this public war
between tbess belligeren,, thes- foreign ',a
tionss Brfore this war the parties were
bound together by c,tnpact. BY q tra atty
called u "Oons tuition" Tney Acknowledged
the validity Of municipal laws mutually bind
ing on each. THIS war has cut assuudsr all
these ligamenis, abroga,ed all these obliga.
tions.
"Pbe convention, the treaties made with a
nations. are broken or aunulIed by war aris-
ing be- ween the ccntendIng parties. - Vat
tai. Books 8, ebay. 10, sec. l25.
Phlllimore says, pags 662'
at was at one tino al international Gus
! tom hut the b 'lligerents sholki al tn. break.
ing out Of the war, make public ai d 'le,nn
proclamation that the obligation OF treaties bs.
tween them hal ceased. That custom has
become obsolete. In tho place Of 1t has aris.
en the general maxim that war ipso tacto
abrogates treaties between the Jelligerents.
Chapcrpor Kent says:
"As u genrral rule. the obligations Of treat.
los are ds,ipa,ed by hos,ili,y."-l Ke.t, IT'S
Professor Lieqer, the most learned Of Iiv' ng
publlcists, in communication 10 M.jr Gen
eral Halltck, containing Instructions for the
Cover" "ment Of our armies, WHICH were revised
by board of Officers and approved by the
President treats the rebel States as suhj'ct tc
the muni'pal laws Of the UoIted Safes or tc
the Constitution. On page he says:
."All municipal law Of the ground on which
the armies stand or Of The countries TO which
they belong is silent aud of no effect botweer
armies 10 the fell"
Hence he declares the slaves free, and not
to be reerslaved, peesim.
The Suprems Couri Of The United States
lin Hilton Us. Jones, Dslt., 224) lays dowr
the same d. ctIin,. IL decided that the re
volied provinces of America by the Declare
ton Of Independence, he formation of a GOV
ernrnent, and supporting il by sr'ns, beca,n'
au independent foreign nation 10 l776, year
before their Independence was acknowledged
by any olhe- nation. Courts applied the Law
of prize to them as 10 other foreign nation =
Sergeant Oldham (page 81 says:
"Tbe primary effect Of war is 10 extinguisl
all civil intercourse, and TO place all the sub
jecls Of teti;gersnts 10 the condition Of eni
mics. This principle extends not only to th'
natural-borr sutj-cts, but TO oil persons dom
iciled 10 the enemies terrtpries; to all wh'
come to reside there with knowledge Of th'
war; aud who having CONS to reside befor'
The war continued their fesldepce after tI,
commencement Of hoslities for longer tim
than is necessary for their convenient depart
ure."
But il is said that this must be considered
a contest with rebel individuals only. "a State
! IN the Union cannot make war. That is tru,
as long as they remain in the tTuion. Blu
they aim TO be out Of tho Union; aud tn
very fact that we have admitted them 10 b
10 a state Of war, to DO bslbgerents, show
that they are no longer 10 the Union, au,
, aL.s al = IL -