The Relation of the National Government to the Revolted Citizens Defined No Pow
The Relation of the National Government to the Revolted Citizens Defined No Pow
Anna Ella Carroll
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On this point Senator Sumner cites from Grotius : " The first and most necessary partition of war is this, that war is private, puUic, and mixed. Public war is that which is carried on under the authority of hitn who has jurisdiction. Private, that which is not so. Mixed, that which is public on one side and private on the other. " And he says, "In these few words of this great authority, will be found that very discrimination which enters into the present discussion. The war in which we are no...w engaged ***** is ' mixed, ' that is, pub- lic on one side and private on the other. On the side of the United Slates it is under the authority of the Government, and is therefore 'public;' on the other side it is without the sanction of any recognized government, and is therefore ' private. ' In other words, the Government of the United States may claim for itself all bellig- erant rights, while it may refuse them to the other side. " This is a false inference from the misapplied principle of Grotius.
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