The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-11-17


NiIItf HlmW.IHn
l.wHh
i1 otlf N dn.le d.e question
presented in lhe efml nHH b.
tll he nte fy m felmlnf uIH
uf iHfffa H nu lI rnIHn
h.eb na lHfA 4faa tHi rt
sh'hfa atai hr hHar tH
oiHrt a sell u M. I..unIn. M
during tHt walr und HftH ..ml
~ 0Ir Rlf lln m'i,f oI h.nU
lhu' lhta IH.f ht fhdfHsruf
sIon inrin' W lnnu withirsa n.m
thr.f allegiance tr lhc United -il'a.
md afterwards Dl upanfe govern
mont under the .f,luM lIa Cmll
crate States ~ America. 90 which
thry wy. ib.Ifadhuf.nu. and plrdful
thrIr GleItty II Is npf u..u.afv.
many view 20 nsacH The lomll, ~
these meta, bot mnucy to ut. tlom
ne indl.pu'abIn h,p
The Confederate States, ou the Gth
of May, 1861 j., their Congro., de-
clnrod that Wnr upon ,rm had been
commenced by tho oct Of the United
States and the whole land and naval
force Of the Confudcracy wa. placed
at the disposal Of the President, Do
meet the var thus commenced This
step was taken after all effort. at me-
gotiation Lad been rcpcIlcd by the
Federal Government.
On the other hand, the President
of the United States by several oil
cial proclamations, issued during the
month Of April, 1861, placed all the
Southern ports in State Of block
adc; and the Supreme Court Of the
United States, in the celebrated Prize
Cases, held the first of these procln-
nations of itself to be evidence that
state of war existed.
On the 18th Of May, 1861 the
Queen Of England issued her proc
lamation of neutrality, "rccognizing
hostilities as existing between the
Government % the United States OF
America and certain States styling
themselves the Confederate States OF
America" This was Immediately
followed by similar declarations or
silent acquiescence by other nations.
The decision in the prize cases was
made By 4 divided court, five to four;
but the latter, whilst they denied that
the proclamation of the President, in
regard to the blockade, amounted To
a constitutional state of war, did en-
| phatically hold that the act of Con-
grcss, of 18th July, 1861, did recog-
nize 4 state OF civil war between the
Government and the Confederate
States, and made it territoriaI.-2
Black, G95. Again, in the case Of
the Circassian.-2 Wallace Rep, lls.
The Supreme Court says: "That the
rebellion against the National Cow
crnment, which, in April, 1861, took
the form of assault on Fort Sumter,
had, before the end of July, assumed
the character and proportions Of cirii
,cdy; and that the blockade, estah-
lishcd under the Presidents procla-
nation, affected all neutral commerce,
from that time, at least, with its obli-
cations and liabilities, are PROPOSE
tions. which, in this court, are no
longer open questions. They were
not more explicitly affirmed by the
Judges who concurred in the judg-
mcnt pronounced in the prize cases,
at the December term, 1862. than by
the Judges who dissentcd from it,
Here, then, we have the plain asser-
tion and decision by the Supreme
Court of the United States, that
both Congress aud the President
had, as early as July, 1861, recog-
nized the existence of Girl, terrific
rial rdr, between the bclligcrcnt Sec
tions, and the court had nothing "a
do but To follow the lead of the po.
litical departments of the Govern
ment. Indeed, by the act of 18Th
July, 1861 the Congress seems almost
to have recognized the existence of q
de tdcio hostile government, when
they ,ay, and when said in.urgcnt.
claim to act under the authority o
any State or States, aud such claim j.
not rcpudiatcd by the persons cxcr.
cising the functions of government
in such State or States then certain
defined steps may he taken. aud al
commercial intercourse between IN,
parties shall cease, so long as hostili
ties shall continuc.-2 Brightlcy Dig
1913. Ii this does not recognize
dc tdcto government, it at least ac
knowledgcs the fact that there az
persons exercising the functions q
government in opposition to aud il
defiance Of the Federal Government
II may he further stated, that tn
= Supreme Court has held that the in
habitants Of States in rebellion ar
to be considered as enemies, and q
! such, disqualified from suing 10 III
! courts Of the loyal State-.-Mr.. Al
f exander's ease, second Wallace. AZ
, 1t Is thus established that. by al
= the departments of the Federal Goy
{ erumcnt, legislative, executive. an,
: judicial, the existence Of territorial
, civil war was o recognized fact a
/. early as July, 1861. As cons,
/ queuce Of this tact, and from III
, time Of It's recognition. the Conied
n crate States were under the law ,
: war--thc law of nations, aud nc
under the Constitution Of the Unite
States. 1t is true. that the action ,
Y the Government of the United Stat,
/. has not been uniform on this subiCc
. THAT il has been marked by vacill,
a ton between the Constitution an
d athe law uf warn-by dealing wit
g che South now under one. now und,
q another: hut these changes of i