The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-12-01


.lef.tlnf ihs.fHgl'i tai pwsn fHm
fha.f sIefH nniff iit afgsH,tad
ueffnmfHf shfh fhsg safelhlfA if
lHln'siff t.m qmfsiuns hf
mwfliH ksW fi tYi t H
Hgis mi " ltnati ~ W h
f. Aii and fbl bnmh II apInIm
lhHs 0hf.ai
w thf a htfff ns neither fy
fhe Consultation ~ ne I nIisd asaifs
hnf " ihf t0nflihalau n Nlaals
.md thef. ihe a,is n fhs msmlafs
If Ne Legislature made tWd faa
Ililufr " take ihs mpr.hti oath
The pfltIsious here plial m. wefs
therefore merely directory. end lbs
nmisslon ~ iakc me- mth dofa MI
afen The yalIdiy N their legslhion
II lIut u V urged ~ runnsf fr
ihe appellants, nai llis legislative
body was unc claiming h. act In H0s.
tillty 10 the tiov,fnmfni N the Ifpl.
ted -tates md ihat NJ authority W..
been oycfihrown, and ID. government
suhdued by force " arms, md there
FIRE its action during the hostility
aud ever since, until permitted by
The United States Government. I.
void.
Neither he interest Of tic United
states Government nor Justice 10
the state, nor any sound public
policy, would be promoted by hold
ing, contrary 10 the fact, that the
citizens Of this State, we're il state
Of anarchy amorg Hcmscirts, without
rights, without laws, constitution, or
government, for the regulation of
their private, internal local affairs
during the progress Of the war. That
the ordinance, legislative acts, or
other proceedings of the State con-
conflicting with the Constitution and
laws Of the United States, should be
abrogated, and that every impedi-
ment TO a restoration of peace and
harmony under the old government
should be removed, is not only the
right of those who triumphed in the
war, but its Legitimate result. But
the proposition that the citizens who
owed at least temporary allegiance 70
the government which possessed their
property, and controlled by IFS power
their persons during the period OF
such dominion, were rcmandcd to a
state of nature as barbarians and
outlaws-in all their relations with
each other, civil as well as criminal
as a judicial question, seems TO b,
neither sanctioned by the principle.
of international law, recognized by
our highest judicial tribunals, nor
BY any code Of morality known tc
civilized nations. To mitigate til,
hardships of war and humanize the
conduct Of nations, in all its conse-
quenccs, has been the great end con
stantly kept in view hy the law o'
nations. To regard the great qucs.
tons growing out of the war witt
the spirit and temper of elimination
recrimination, and revenge, would b,
as unbecoming the parties as il would
be destructive of the ends of justice
and subversive of the principles o
morality and humanity, which lie al
the foundation OF all laws, whether
municipal or international.
That protection and allegiance ar'
mutual and reciprocal rights ant
duties between government and peo
ple-in their nature inseparable-
is universally admitted. When th'
power of protection ceases, the dut!
of allegiance, its correlative, mus
cease with il. In a state of war
therefore, the citizen being com
PEELED to submit for the time to tn
party having the possession and con
troll of the territory in which he re-
sides, he becomes subject to it
dominion; his property and pcrsol
are governed by its laws, and with
, out regard to the international strife
his prird,e rights under the munici
: pal law, to which he is thus subjected
must remain the same, no matte
what may be the result Of the strug
gle. His personal feelings aud opin
f ions are merged in his tcrritoria
, status; and belonging TO enemy
territory" he is to be regarded an
! treated by the opposite power as a
: enemy, without the jurisdiction
courts, and beyond the power or prc
: lection of its laws. The subsequer
! resumption Of authority by th
! former sovereign, cannot change III
, character of past transactions, or d'
: prive the citizens Of rights veste
} under the laws Of the territory viii
: il was permanently possessed an
: governed by the enemy as their TEL
e ritory.
G The existence Of civil war durin
e the late contest, We will not undct
y take to discuss. II is settled as sue
: by the admission and decision of a
e the departments of the United Stat
e Government. In the prize cases, 2
e Black, Rep. p. 667, Justice Greer d.
d livering the opinion Of the cour
s says--"A civil war is fact in OF
II domestic history which the court
q bound to know" Both partie. nee
+ not be independent nations. A vi
d NAV exist where one Of the BELLY
n erents claims sovereign rights
d against the other-1d,m, p 666. Al
|. in this case, 40 well as Mrs. Alexai
der's cotton case, 2d Wallace, Rep.
n 4is, it !. distinctly held in relaii'
e to this war, that il was civil VIZ
e governed by the principles Of pub
: law 50 often announced from th
!. bench, as applicable to civil and ]
d iernuiional laws.
q Being aivil war, esoh party olair
: ing helligereni as well as soyereiI
b rights, i to lR regarded for the tir