The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1864-02-12
HIGHLY IMPORTANT DECISION.
United States Circuit Court Of
Minnesota.
Citizens or states In Rebellion Con.
sidered a. Enemies and Not Enc
titled to Sue I'm this Court.
OPINION or JUDGE NELSON.
DISTRICT OF MINNESOTA.
ISRAEL G. LASH, VS.. LYMAN DAYTON, et ais.
IN EQUITY.


Israel. G. LASH, VS.. LYMAN DAYTON, ct ais.
EN- EQUITY.
This case comes before the Court for decree
upon the pleadings, no evidence having been
taken by either party.
The Bill of Complaint was filed by Israel G.
Lash, of Salem, in the State of North Caro-
lima, and citizen of said State, against Lyman
Dayton, ct als., of St. Paul, citizens of the
State of Minnesota. The counsel for the De-
PENDANTS insists that upon this allegation of cit
zenship on the part of the complainant, he
appears to be public enemy, not entitled 10
sue in this Court, and that the bill must neces-
sarily be dismissed.
In order that we may arrive at q correct con-
dusion in this case, it is necessary to determine
Fyyst-Does war actually exist between the
Government of the United States and those
States which have combined to form a new
government?
Second-If civil war exists, can the bellger-
ents exercise under the law of nations, as
against each other, all the rights resulting from
a war inter gentes.
The first proposition was settled by the Su-
preme Court of the United States at the De-
cember term, 1862. The Court unanimously
recognized state of warto exist, but differed
only as to the time of its commencement. The
majority say:
The parties belligerent in public war are
independent nations. But 1t Is not necessary to
constitute acar that both parties should be ac-
kaowledged as independent nations or socereiga
States. A actU may erist achere Of the BEL
Lgerents cttim sovereign rights Us against the
other.
Insurection against gOvernment may or
may not eliminate in organized rebellion, but
| civil war always begins by instruction against
| the lawful authority of the government. =
| When the party in rebellion occupy and hold
! in a hostile manner certain portion of terri
| tory; have declared their independence; have
! cut off their allegiance /; have organized armies:
have commenced hostilities against their for
mer sovereign, the world acknowledges them
| as belligerents and the contest ro,, @ Black
Rep, p. $685. m sges
The minority of the court say: =
| This act of Congress (alluding to act of July
18th, 1851 we think recognized a state of civil
| war between the government and the Confed-
crate States, and made it territorial.
| The nature OF the confess, therefore is clear
| ~ defined by the court.
| The second point is as clearly established
and the international law upon the subject well
settled. Every citizen of the hostile State in q
cic or perfect aoar Gas war inte, gentes is call
ed) becomes public enemy, and the law treats
him accordingly, in brief as stated BY the court
in the prize cases. e Black. Rep, p. 6S7.)
The people of the two countries become i'm
| mediately the enemies of each Other-all inter-
0snI 9th h<,ksr
them is unlawful-au centracts eaisting at the
commencement of the ac0r are suspended, and all
made during its existence utterly void.
| It was urged by counsel that as q citizen of
North Carolina. the complainant might be tenn
| porarily absent from the State, or although
within its limits, might not aid or favor the re-
belliGn, and still be loyal citizen of the Uni
ted States, entitled t" all his rights under the
constitution.
We think that all these points were settled
by the decision arrived at by the court in tho
case above cited. War exists between the con-
tending parties. The legal consequences re-
sulting therefrom are well understood The
national character of person as an enemy Is
not changed by q temporary absence from 3
country of which he claims to be subject; nor
can any distinction be recognized between
loyal and rebel subjects. All are considered
by the international law as belligerent enemies.
The complainant therefore, declaring himself
in his bill Of complaint to be of Salem, in the
State of North Carolina. and citizen of said
State, must be considered an enemy, and not
entitled to sue in this court.
Bill dismissed. r. r. NELSON
ses.s s U. s Judge.
The War Smellers at Work.
WASHINGTON, January 20. Generals Barry
and Barnard were to-day examined before the
/ Committee on the Conduct of the War; Their
testimony mainly related to the efficiency and
capacity of heavy ordnance In Notifications,
both here and elsewhere.
BEN WADE, CHANDLER, OpELL & Co. in
vestigating as to the deficiency and ca
pacity Of ordnance y Generals BARHARD
and BARRY must laugh in their sleeves as
their inqusitors tetray their Ignorance
and imbecility. The Army and Macy
Journal thus hits off the war smelling
meddlere:
The revival of the Congressional Committee
on the Conduct of the War. will alright the
souls of our Generals with visions of new in
quisitorial processes. Let them at once pre-
pare for he visitation of three single gentle
men, vested with the awful power of hauling
them over the Goals for all their doings and
misdoings.
In truth, however, we cannot see either the
wisdom or the propriety of this military
crowner's quest. The Committee has no power
or auth srity to adjudicate on any question All
il can do is to collect testimony without any
ability to act on it. Now, we have already our
D oper military jadica. ures-cOurts of inquiry
and courts martial-whose province it is to in
vestigate all military conduct that needs inves-
tieation, and who have the power not only to
investigate but to act on the evidence. The
Committee last year made itself ridiculous by
thAquestions it asked questions which only
served to reveal its own utter ignorance of mil
| isry matters Its work should never be ,tx-
tended beyond the three volumes of last year,
| which no mortal man now reads buc which flu
ture archseologists may exhume IS curiosity
of the great rebellion. ~ asl a
q