The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-22

: atfortiyo ~ fllethds 81 justice hhd hhDfti-
awe ~ INC principles IT morality and human
~. Which IL At the foundation Of All laws
whether municipal OF international.
That protection and allegiance are mutual
aud reciprocal rights and duties between
lRoycrnmsni 1il people, IN their nature in-
aepafable--is uuisersally admitted. When
the power Of protection ceases, the duty Of
allegiance, ia corrrlaiive, nsust cease with
Ia IN d stnta Of war, therefore, the citizen
bcing compelled 20 submit for the time TO
tie party having the possession aud control
Ut the territory IN Witch ho resides-he be-
comes subject ~ ~ dominion his property
aud person are governed by IL laws, aad
wiflioht regard ~ The international strife
hiAFriceie nigLiguBdef the municipal Law, 70
With llc ID this subjected, must remain The
same, 40 matter what may be- the result Of
4 Tile struggle His personal foelings and
opinions are mcfged h. his territorial daiAs
aHd belonging ~ "enemya territory" be Is
fosbe regarded and treated by tho opposite
power a. az enemy, without the Jurisdiction
81 its Courts. aud beyond the power or pro.
tAeioD Of itA laws. The subsequent resnmp.
tiDn " authority by the former sovereign,
cannot change tho character Of past trans.
actions, or deprive tbe citizens Of rights
vested nndcr the laws Of the territory while
IL WIS permnnsntly possessed and governed
y by The enemy as their territory.
The existence Of afclyil war during the
late contest, we will not undertake todis-
cnss II ~ settled ~ such by the admission
aad decision Of all the departments Of the
L. y. Government. In Tho Pfize Cases, ~
Black Rep u. Ga. Justice Greer delivering
the opinion Of the Court says-"A civil war
h o fact in our domestic history which the
4 Court " bound 10 know" Both parties
need not be independent nations. war
may exist where one Of the bclligerents
claims sovereign rigbtsa against the other.
ldem n G66 And IN this case, as well ~
| Mrs Alcxnndcf's cotton case, I'd Wallace,
| Rep p 40, IL Is distinctly held IN relation
! 10 this war, that n iras cirH trar; g0roHcd
/ by The pjincpics public lar 30 QfioH announced
from 0,Gt Beaeh, a. appicaJLc 10 cicH and IL.
Being civil war, each party claiming
| Jciiigucm ~ reH az sOeerogH rights, IL 10 be
/ regarded for the time as an independent
nation; entitled to exercise all the rights
! which bclong to bclligcrrnts in n public in
| ternatioua war Vattcl's Law of Nations
/ 92a3-i-5ip. 1857.
| [Ihc opinion here quotes Justice Nelson
2 Blacks Il. p. G66-7-Justico Green, same
case and page also page GG9 same care
| Wheat, H. p. 357, aud t. =. Va. Rice Wheat,
2lG, "and IN the last case cited, the posses
/ sion Of the British Government was only for
! Grf months "
! Ia the prize cases, Justice Greer deliver
/ Ing the opinion of the Court, after saying
/ that II Is a proposition never doubted, that
| the bolligcreut party who claims 10 be SOW
crcign, may exercise both belligorent aud
/ sovereign rights, and citing 4 Al E2, says
Under the peculiar constitution Of this
Government although the citizens owe
also qualified allegiance to the State in
which they ARE domlolcd their persons
aud property arc subject TO It's laws, Hence
in organizing the rebellion, they hare aotcd as
States, claiming 10 BE- s0rcIcigH 0ror all persons
and property WihiH H0v rcspoctro limits fand
asserting u right TO nbsolyc their citizens
from their allegiance TO the Federal Govern
ment Several of these States have com
bined 10 form new Confoderaoy, claiming
10 be acknowledged by the world as q SOW
creign State Their right to do 40 is now
being decided by wager of battle The |
ports aud territory of each of these States |
are held in hostility to the general govern
mont II IL M iOOSo or uUOrGdHiscd iHsHrreC- |
lion having no defined boundary or posses
sion n has q boundary marked By limo Of bay !.
0H0is. and rhich can be crossed oRig BY fgr-s.
South of this line Is 'cncmy's territory De
cause n Is claimed apdhdd IN pOssessi BY an
organised hostile and bcliig0s0d pOirer. All
persons residing viii, sSterrtory, whose
prQns. a salsssy as'r used TO increase the revcn-
'Nes or The hostile power, are In this contest
liable to be treated as enemies, though not
foreigners, They have cast of their allegi-
ance aud made war ON their Government,
and are none the less enemies, because they
nre traitors Prize Cases I'd Black h p.
673-t
II was therefore not the territory of the
United States during the existence of this
state of things, but 'enemy's territory" |
And il was 80 held by G. j Chase in Mrs |
AleXander's cotton case and for that reason |
her cotton condemned ms prize of war.
In delivering the opinion of the Court, c. |
j. Chase, treating of the question whether
Mrs. AleNander's plantation where tho cot
ton was taken by the Union troops was
"enemy's territory :" after stating the fact
that the duration of the military occupation
of that territory by Gen, Banks, was mea-
sured by the time required for the advance
aud retreat of the army and navy, says
There can bo no doubt we think, that IL
was enoinys property The military occu.
patton Of the national forces was too limited.
too imperfect, too brief and too precarious
90 change the encmy's' relation created for
the country and its inhabitants, by three
years of continuous rebellion interrupted
ut last for few weeks but Immediately
renewed aud ever since maintained. .
Wallace Il p. AIS
Before the war then, Mississippi was u
State, entitled At least to the qualified allie
glance Of her citizens, and certainly, except |
ms far as limited by the Constitution of the
United States, her sovereignty and right TO
allegiance were unqualified aud unlimited, be-
cause on the same footing with the old States
before they entered into the compact crea-
ting the Federal Union BY the terms Of
her admission into the Union, she was adj
mitted upon the same footing with the
original States in all respects WRdtercr." The
original States were sovereign aud indie
pendent States before the compact of Union
was formed 50 declared by themselves; So
acknowledged 10y Great Britain after the war
nf the Revolution; and as such, they organ
lied the Federal Union, granting 70 1t GER
tain powers and reserying to themselves the
great mass of original sovereignty, rights
aud power, which belonged 90 them before
The compact of Union The State made the
General Government, aud not it, the States
they created Il by virtue of their inherent
power aud sovereignty rs independent States
aud invested il with al the power that law
fully belongs 10 it, They did not derive
heir Independence, sQNere gnty, or any
nthcr power or authority of Government,
from IL. Il never existed until after the
sovereignty and independence Of the re-
'pective States who subsequently, formed it
had been separately acknowledged by the
government Of Great Britain. Their sepa-
rate existence as States was never merged OF
destroyed, nor their right Of selfgovern-
ncnt Impaired, except 10 the extent and ,
Turing the continuance of the restraints im-f ,
posed by themselves Ia the Constitution Of