The democrat. [volume] (Weston, W. Va.) 1868-1874, 1869-11-15

the political departments Oh INC NSVcFH-
ment.
It must be civil war to render lawful
the taking or destruction Of the property
ofthc loyal, within the limits o. the e2c-
my.
These and many other rccoguitions by
the political department, of tie Govern
meut, treating lhc late war as sivil war,
make your defense complete.
Should ;hcsc acts be ignored. and a
technical iSuorarce affected, then the
question Of its having been civil war is
question Of fact. The sad events Of the
war, the pain:u! "reminiscences which con-
stantly rccrr 70 the minds Of al. She
! frightfrl magnitude of it, the desolated
fclds, the imprcsoa5le rampartsyet stand
ing, the vast and extensive lines of in
treMchmcn;S. the immense lines of poiuted
bayonets, all demonstrated it 70 be the
greatest oFcivil wars and it strikes cv-
cry mind as singulariy strange that there
should be auy question Of It's real charac-
ter.
RcGuelmc says: "When part of 4
State takes mp arms against the Govern
meat, :! it's sufficiently strong to resist its
action, and 10 constitute two parties of
equally balanced forces, the existence ot
civil war is thcncef5rward determined"
Eattel says: "a civil war breaks the
bonds ofsociety and of the Government,
! or, at least, suspcpds their force and CT
fec; ; it produces in the nation two indie
pendent parties, who consider each other
as enemies, and acknowledge no common
judge. Those two parties must, therefore,
necessarily be considered as constituting,
at least, for time, two separate bodies,
two distinct societies. Having no CON-
mon superior to Judge between them, they
stand precisely III the same predicament
as two nations who engage in a contest
and have recourse to arms. The common
laws Of W.. are, in civil wars. to be OBJ
served on both sides" THE Prince"
he says, "ncvcr fails to call rebels all his
subjects who openly resist him but when
she latter become sufficiently strong to
make headway against him. to compel him
b carry on the war regularly against them,
he must be content with the term, civil
war"
We know this test Of civil war was fully
made'out by tie acts of both sides. Civil
prisoners were taken and only released by
hostages. Scamea, acting under letters
of EarQuc, granted by the Corfcdcratss,
were captured, tried and convicted OF pi-
racy. and the Government was forced. in
o!dcr 70 release hostages, to ignore the
power Of the courts and have then, cx-
changed. and finally repudiatcd the act Of
Congress, and made cartel for the gen.
eTal exchange Of such persons, as we'll as
soldiers, wEo might be taken as prisoners
Judge Grie=, IN delivering the opinion
Of the Supreme Court Of the United States
in the prize cases referred to, says this
vas mot the less civil war, with bellig-
ercpt parties n hostile array, because il
may be called an instruction by one side
and the insurgents be considered as rebels
or traitors. 1t is not necessary that the
independence Of the revoI!ed province or
State be acknowledged, IN order to con.
stitutc it party bclligereut in a war, &C.
cording to the law Of nations" He fur.
thcr says: "a civil war is never publicly
proclaimed co "on,inc, against insurgents:
its actual existence is 4 fact in our do1aes-
tic history which the Court is bound to
notice and to know 1.-The true test,
he states, '.of its existence, az found IN
the writings Of the sages of the common
law, may be thus summarily stated !:
'Wheu the regular course Of justice is in
tcrrupted by revolt, rebellion or insurrcc-
ton, SO that the courts of justice cannot
be kept open, civi! war exists, and hostili-
ties may be prosecuted on the same footing
as if those opposing the Government were
foreign enemies invading the land"
lie says again: This greatest of civil
wars was not gradually developed by pop
ulST commot!on, tumui:uous assemblies,
or local, unorganized instructions. How
ever leng may have been its previous con-
cePtlon, it nevertheless sprung forth sud
denly from the parent brain, a Minerva
in the full pano?ly Of war. The Prcsi-
ncnt was bouud to meet it in the shape it
| presented itself, without waiting for Con
gress to bapt;=e it with name; and nc
name given to it b. him or them, could
change the fact"
1t is clear thea, should any one be
found now 10 deny that the political de-
partner! of the Government recognized
the war, That its actual existence, as a
fact, cannot be denied. and that the courts
are bound to regard it as such; and thai
all the rights existing in public var
in war iR'cr embarrassing under The
late war. and that belligereut rights, &c the
full extent, and for stronger reasons, as I
have shown attached.
! The Supreme Court of the United
States, in I'll" cases referred to, to DC found
in 2 Blacks reports, has decided the
question. They decide tha. this was a
civil war, both upon the ground Gifts DO
litical recognition as such, and its cbarac-
te:, its magnitude. organization, etc. aud
that the courts arc bourd to SO regard it.
That the rights Of the par.;cs N II arc