Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-12-20

ion Of oar OGassltuaon aid laws; thy are entitled
70 ell the privileges Of eitzsns and thas this Govern
ment can by no act and in particular deprive them
81 me character OF Oh This claim caSnot DO set
up for Ihoss WAC have seted In shother country, for
Ihsy are Aliens and they have sesled In the enemys
country they are clearly alien enemies Bus is 70 al
lsRed IN behalf Of al lnoss who have established
permanent residence abroad OF whose reside d un
knoWR. f
This notion Is derived from the ordinary rules and
ure sumptions which determine question of domoil
"A time OF psaoe, when departure from country
without the consent Of tie Government s innoosnt,
and s usually for temporary purpose Of busiress or
pleasure. /. excludes eli considerations which
arEs out Of Biaie Of war. Such departure in time
Of war Il criminal and, IN the cases contemplated By
Sns bill 10 ls usually for purposes az lsAst as durable
as the war II not actually hosllie. II permit ed, II
defeats plaiu right OF the GoVefnmsnt 30 command
The military teiVlcs OF ctzsns, aha may dtfest It's
oelngersnt right sezs he p.rty OF les enemies
gems pIo0Abe therefore, rha. 10 these qaet.
aons Of aomlcl and chg nship or national cnaisoter
should be determined BY principles peculiar 70 state
of war. .E,-, ~ t-re.s, i
Iu war, bell gasnts have right to capture ar con:
acate the properly OF enemies 81 10 NJ adcatng
prE cases the c0urs Of d ctuulres naye Ofssn
aaa 20 determine what persons be regardsd q
enemies. By those dscsions II has been seIlied thai,
SgI rsl poet 20 certain properly aid osrAin rights
var person may have temporary nalionel casrac.
sr ON rent from shat of hs aoiusl eonssruogiye
permanent reEdsncs; an snsmy b, coming Q neutral,
or 9 neutral an enemy, sEd Oitzsn an alien, OF al
len citiz It nslt the United States thai
an American c'tzsu who was temporarily In E GLAND,
I'D, remaining there some ume afer war broke ouI
oetE e(n the IWo oouLtfes, then attempted return
uoms With his propsIty, could Do treated a. an
snsn enemy that his properly might SWiuliy he cap
ured and ooi fscatea by his own government, Those
transformations OF national cGsIac or are carried no
farther than is nsessJ 70 proIscs bsgsrsnt or nsu-
al rghs 80 this Il proposes 50 Ir.aE certain persons
As asa enemies only af 81 u necessary notes.
- { rlsl;s Of he Oonfedersey In hms OF var.
.~ .. IrP rights and relations thai spring
Il, q. = ,,.-A q . usl rssidenes for the lime n thar
asn ths country Of sss thst determines The "a.
ions .casraoteg. Retsriing 70 tbs 40 Nal thouga
I,mpcrafy res dsne tue sppfems Court Of Ihs Uassa
States hiss used sqeb eIprsssiona - thegsi
"Is IL dssiGed'bJ ihoss ElEliahl courts tbs. Wills.
IN glishmsn'or neurAI res dec hostile snan-
cry he IA subject Of shat oeuutry, And 10 20 b. consid.
ed (eVen BY ME OWN native county In the former
easel as having hostls charao or Impressed upon
hun. Another -uls is, Enat b nsuIIal or
su' ect found residing "a IOreign country lie pre-
sumed to DO there ammo RldHendi and If state of
gar should bring Tia LalVnal OHsrA.t into question
6 les upon him 70 expliin the circumstances OF NE
residence. =" Wrat are the oonee quences 10
fhch this soquirtd dCmicil may legally exI ose the
srson entitled 10 IL In the event OF taking place
JelWeen tie government ulder which he resides anu
De is himself sdhering 10 the enemy, although not
originally 80, ullsss he engages in Of h0Ftii,
AgainsG has nsiEe coEztry probably refuses uken
required By his eouAt'y, TO rstpH."
reese pEessons EXHIBIT fully the doctrines
IF the court nor have those doctrines been applied &c
.ch ssqassIranon that contemplated Id this DILL
But cannot the general principles Of public law eue
yested by this class Of cases DO applied BY Congress
8 proposed in the billy
Toe Confederate Government has constitutional
authority TO dGca war to conduct war aud, coAse
u, n.y TO snfOIos the bell gersnt rights Of b. Con
ederhGy including the right OF s1questration. 10
rdeE to enforce tnemit must have power to deter.
MAE and declare the pssEons sgaiDst whom e o.e |
gifts are TO DO enforced. With regard to stQuestlA
ioh Goo ress has already 10 our sIquestratton lave
IN 10 ed that Gel tain classes Of psrsos esidrg In the
Ualsed s.aes shall not be considered alien enc
aies that Others shall be 60 considered only when
they have committed acts OF hostility, ana that NO
ut n of a neutral country shall be considered as
alien enemy unless he has contributed to The hosti
oause Thus We are able to distinguish amorg CHI
tus of the enemJs country, Of neutral couI tries
md thus we can desgnate others az allen ems rn;en
fr The purposes of without affecting heir per
nanett ala Us ss sisps as oiEisans /. may not be
competent for the government 10 treat alien enc
MES any citizens who Tensin In our couniry; for
xh,le thew rsmsn TlGTs the obligations OF ts Cor.
az, ution and can be ENFORCED against both the
oersons and their property, the governments msy
,llRsd 10 treat them according to the laws which
apply 10 oft zsns eXcsp as 10 their prop rty ct sea-
nder certain ii eumslaness Bat when they have
,ons abroad and remain there With Cquyocsl inteu
loss and n violation Of duly to their country, tbt
government may have tight to treat them
q. alien enemies for Certsia purposes of war,
al for that OF belligerent confscatiou. o.
Iuary questions of domicl and otz ship are
ipder the control of the States. But quest o g OF
ioici and.oi national character sdecng the ri h.s
kof ha n0nfon l.. 4
gar That government enforoes the du,y of military
,er ee vi that of remsnir In the county 10 ran.
,,'li,arS SERVICE snd astersrs who are our en-,
n "a aud asserts bel gerent rights sgsnit them
For all thtse Iu-p9s It has during war, temporary
CON rol Of s1esors OF domio and national character.
WIN tier, msy it not sfHI slensge to the unlawful
alb er @, from the Oonedeacy Of ore Who owes military
,srycs Whsn tie Absence is such to eviDcs par
,sa N abandon Ii cluntry during the war at ieast
an far a. 10 aspeFt the right of sequesration against
s6ssnttei Generally It is the country of The ac-
nal domoIl Of person during var, rather than that
nj his slkg and constructive residence, that de-
t,,ri "a bis uaorR character in relation 10 the war
bonoh his native gov srnnent By whhold its COZ
ant NAV prevent OF n from CHANGING his national
,barso,sr while the war IL grant Blu why may net /
ne government recC e. 7g the domc'l sbrosd treat
nae Who have gone ~ her countries "a hsvI the
n,tons character of those counTies end dolsre any
AZ tSem 10 be alien enemies o. grounds satisfactory
i..slp We muat remember tnst the question here |
no o, permsnent, but OF temporary and sdvsnttiout
1stopslity,. having exclusive relation 70 var. Con-
.,o crin6pls that prev sils in peace if one of our
siys SitiF .Ts coca New York during the war, In
a. Al Is rsmsi1 there IN i!piacs, hs scqaires the
u, t,h; cia-sc err Of en- ale en smyb orii he go
< sScs he Scd Iirs tbe '4s; onsl O. sractsf" Of
,spr.i spj, ike other hsg itali may be declared ap
n m enemy on sptS sl gfasutg. II .,.iijIis /
Nm a. broad doctrine s not necessary to support
"a consatutipnaIi,S this BILL I. is enough that ths
spt IN order to enforce our begerenttightf
"a ii ssosrsan the persons against whom they should
: "a forced must have power to establish srssson
AZ tsst 70 determine In Doubtful clses Nhstherper
'o5s Who have been ctitaps, but who. have gems
nj ~ ibs p ration Of this bill After rs rssssgs
~ ~ vbo lii leave the Onhfsdeiscy Without the
Ssst ~ tIe government while they they are labl
= ,sstsS1 ssrSies will, BY their own voluntary act In
y u W -. - sxinna that they arc 70 be raRsrded