Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1870-10-26

the United States, during the late civil war,
and could be rcasserted whenever and
wherever the Government was successful in
arms, yet while the war was pending and
wherever the Government was unable TO
Assert its authority, the beligerent rights
of parties to the war were precisely the
same, and neither could, lawfully, assist
any belligerent right superior to ol differ
ent from the other 1t is granted in the
Prize cases, that these rights were mutu-
ally conceded in the late civil war and so
much of the opinion in Iost vs. Stout, 4
Cold, POS, assumes, or seems to assume,
that belligerent rights were accorded from
motives of humanity and policy and as a
concession by the Government Of the United
States aone is founded in error, or should
be qualified by the statement that soon after
the commencement of the war, the United
States recognized il rs civil war. IN which
bcliverent rights existed under the law
of nations IL is well known that, in
the commencement of the late civil war,
the President of the United States was
disposed to treat, as traitors, all who were
acting under authority Of the Confederate
States In the earlier stage Of the war, the
Government refused to agree upon cartel
for the exchange Of prisoners, and it decar-
ed 10 Mr.. Lincoln's Proclamation, Of 10
April, 1861, that any person who should
modest vessel of the United States. under
the pretended authority of the Confederate
States should be held amenable, to the
laws Of the United States, for the preven-
ton and punishment Of piracy, - u. 5.
Stat at large 1858, 1859. Under this Proc
lamation, certain privateersmen, actually
under commissions from the President OF
the Confederate States, and who were cap
tlrc1 bv the United States, were taken in
to New York and Philadelphia and indicted
for piracy. -Four Of them were convicted,
in Philadelphia, but never sentenced while
in New York, the jury could not agree,
These arrests led to retalistorv action, on
the nart Of the Confederate States. and in
consequence Of their threat to execute an
equal or greater, number of prisoners il
theso-called pirates were punished and, also,
in consequence of remonstrances Of the
British government, the government of the
United States, on the 81 January, 1862, vir-
tually receded from its position, See Law,
Wheat 253, I'd Dd. Tenney's Nil. and
Naval Hist. Reb, l0l. After various ne
cotiations, cartel, forthe general exchange
of prisoners, was finally agreed upon, on
th! 22d July, 1862; and under its provis-
ions, those who were, at first, treated'as pl-
rates, were exchanged, NJ. aud n. Hist
r.. 323; Law, Wheat, 593 The Con-
federatc government on all occasions HegO'
tiating with that OF the United States for
the exchange Of prisoners, on terms OF per
feet equality and in consequence OF its
ability to marshal large armies, 1t nogotiat-
ed, while the war continued, on terms OF
perfect equality; and the war, to all IN
tents and purposes, was treated and carried
on, by both belligercnts, rs a public war,
in which each asserted and maintained for
the time being the same belllgerentngh
But we have been unable to lind, IN any
work to which we have access, amy clear,
concise, certain and accurate definition OF
the nature and extent Of belligerent rights,
as understood by inte national law, and can
only deduce them from the usage Of nations
and their general eXcr Use under the laws Of
war.
Owing to the existence of the civil war;
between Spain and her colonies, and pre-
yious to the acknowledgment of the inde.
pendcnce of the latter, by the United
States, the colonies we're deemed, by them,
belligerent nations and entitled to all the
sovereign rights of aragainst their enemy,
3 Wheat. 6i0, 10. 80, Ib. 339, Law
Wheat AZ, l3. Among these sovereign
rights of war, may be classed the right to
attack aud capture, or destroy, the persons
and property of the enemy; TO destroy his
commerce to despoil and plumber his ter
ritorv TO levy contributions, and to put in
practice against him every method known
in civilized warfare, necessary to weaken
him. ! Kent, Lect " 90-l0l. Nattel book
I'll, chap. s, PIP. 346-3G3.
Every nation, at war with another, IS
iustifable, by the general and strict law Of
nations, In seizing and contscating all NOV
able property Of its enemy, of any KIDD or
nature whatsoever, wherever found, wheth-
er within its territory or not, but the gem
eral usage now IS not to touchprvate prop
erty or land, without making compensation,
unless in special cases dictated by the
Necessary operations of war or when cap
tured in places captured by Storm and, which
repalled all the overtures i0t a capltulatlon,
+ Kent 9l-92 m Ware, -ldBIr., Us. HW-
ton etal., 3 Dal. l99. i Peg. Cond. Il. 1914.
This usage was adopted, m the earlier
stage of the MeXican war, the lnsruc
ton, to Gen Taylor to abstain from appr0-
prat.ng private property 10 the public uses,
until purchased at fair price, but was de
parted from, and military contributions
levied before the close Of the war
Kent. %. 93 NJ, in note. Aud 70 was no
turiouslv departed from, by che army uf
the United Sqres in every Southern State
during the hte civil war, ans the pr-
vate uropatty a the cir'zcu,, whether
frieaiB o 4gf faldiy 10 The governments,
was IN .rugu3 appropriated 60 ot,e uses "
f tl4e gr,ly, Is llq4, ca i-a, WlthoEy any COM
d .reus..OU ltHe departure i..a tl usage.
oD tl5 p5rN0t tDe United Slayas Would
. .... .r. led the DaI.Tgg!gH. .--tlG tG.-