The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-12-02

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lady residing, i'm the State OF, Arkansas, who
did not even syl1pathize with the people of
the. South in the struggle for rindependence.
The Supreme Court Of the United States
sustained the act, declaring that the personal
dispositions of individuals iinhabiting enc
my's territory cannot, in questions Of cap
| ture, be the subject Of inquiry e Wal, 405)
According to the law Of nations, the Justice
OF The Cause being reputed equal between
the:two enemies, whatever is permitted to
| one by virtue Of state of war Is also per-
mitted to the other MATTEL, 3S2. 1t does
| otmatter how the struggle terminated, who
| the victors and who the vanquished, the
| question is not one Of right, but OF po1er
appertainiUg to state Of war--power fa-
granite 6eiIo. The Government of the United
States may exercise both sovereign and
belligerent powers. In its sovereign capaci-
ty 1t may punish treason by seizing and
confscatihg the property Of the guilty
party. 1h,s, hoceUer, can only be done
by the conctctton Of the ofender accord
ing to The forms and requirements of the
Constitution and laos. This guilt must be
made to appear judtctalLy. The Constitu-
tion throws the shield of its protection
around the citizen bv declaring that no one
shall be deprived of bis life, liberty, or pro.
perCv, except by due process of law. When,
however, civil war exists and the Govern.
ment asserts the rights Of a beihgerent, such
as appertain to state of war between indie
pendent nations, treating all the inhabitants
OF the opposing section as public enemies,
blockadlng their ports against neutral pow
ers, seizing and contiscating their property
without trial and without conviction, 1t
must be content to accept all the results
which flow from the position thus assumed.
Iu the Prize cases it is admitted by Mr. JUS
tice Grier that the parties in 4 civil war
usually concede to each other belliserent
rights. In the same cases, Mr.. Justice Nell
son, delivering dissenting opinion, in which
Judges Tancy, Catron, and Clifford con-
Cured, said {: "In the case of re-
bcllion, or resistance of the people
of Il country against the established govern.
ment, there is no donbt, il in its progress
and enlargement the government thus
sought to be overthrown sees fit, 1t may, by
the competent power, recognize or declare
the existence of 4 state of civil war, which
will draw after it all the consequences and
rights Of war between the contending par
ties, as in the case Of public war" and in
defining the legal consequences resulting
from public war he declares "all the pro-
perty of the people Of the two countries, on
land or sea, are subject to capture and con-
tiscation by the adverse party, as enemy's
property, with certain qualifications as re-
spects property on land" In Wheaton the
same doctrine is thus announced. But the
general usage Of nations requires such war
(civiD as emitting both the contending par
ties to all the rights Of war, as against each
other, rs well as respects neutral nations.
Wheaton's Int. Law, $ 296; The Tropic
Wind Law Rev. July, 1861; Hughes Us.
Letsy, Law Rev., 14S; Price Us. Poynter,
| l Bush 'Keh.), 3s7. Coolidge Us. Guthrie,
United States Circuit Court Tor the Southern
District of Ohio, vol. 8, Am. Law Reg, %.
1t has been urged here and elsewhere that
| the Government Of the United States might
| at the same time exercise both belligerent
rights and sovereign rights; beUigerent
| with regard to the opposing section, and
| Sorcrcign III Furnishing individuals engaged
| in resisting its authority. II might be de-
| monstratcd, think, that inasmuch rs the
| war was carried on by sovereign States as
| sociatcd in common confedcacy exercising
| the highest attributes of government, no
| citizen taking up arms under the authority
OF that Government and yielding obedience
to its laws and mandates can be held amena
| bic to the penalties of treason. 1t is, how
ever, unnecessary for the purposes of this
clse to establish that proposition. Let it be
conceded that the Government of the United
States, having reduced the people of the
South to submission, has the right to treat
them as rebels and traitors. The same may be
said of every established government, and the
argument carried TO its legitimate results
fbofi ~, n niyiI ha1liuarapf rirrl,tc
can only he exercised by the successful
party. 1t may be that the laws of the Con-
federate Government can no longer be en-
forced, aud that 10 person can claim eXemp-
ton from punishment for treason under
their authority but what is to be said in re-
spect to contracts made, rights vested, pay
ments made, liabilities incurred, duties and
obligations enforced, whilst such laws were
in operation? The Government Of the
United States was unable to afford any pro-
lection to this executor at the time Of this
transaction its courts were not only closed
against him but he was declared an emenv
of the United States, and his property liable
to capture and coniscation by the authors
ties Of that Government. Whatever secu-
rity he had against violence and wrong,
whatever protection for person and pro-
perty. was derived from the Confederate
Government. Protection and allegiance
are correlative obligations, as the citizen is
justified in obeying the laws which protect
him, so his rights and liabilities III civil and
| local matters must be tested and settled by
the rules of the government that has do
minion over him. The Government Of the
United States obtained many important ad-
vantages by the exercise of belligerent pow
erS during the war. It seized and c0ntS-
Gated millions Of dollars worth of property
belonging to southern citizeus who had
taken no part in the struggle. 1t was re-
| lieyed from all responsibilty,for acts done
on northern soil and on the ocean by the
armies and navies of the Confederate States.
It's blockade of southern ports was respect
ed, and its right to exert against neutral
commerce all the privileges of party to a
maritime war fully recognized. The people
Of the northern States approved this policy
of their Government, and reaped all the ad-
vantagcs flowing from it. For the losses
they thereby sustained they must for redress
| look to the government which claimed their
| allegiance and which received their services.
| Considerations of natural justice and equity,
| the laws and usages of nations, require that
| the people of the South shall not belplacedin
| the position of i,lsurerS Of funds in their
lhands lost by the accidents ofwar.
In considering this case ] lave been COIL
| tent to concede that the Government Of the
| Confederate States was only. a government
de fdcto. Whether it was not during its
existence something more is q proposition in
| respect to which statesmen and jurists will
differ so long as trace of the struggle re-
mains--so long Us the fundamental principles
| If the Government excite discussion among