The Return of Rebellious States to the Union a Letter From Hon Wm Whiting to
The Return of Rebellious States to the Union a Letter From Hon Wm Whiting to
William Whiting
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''^ That all the rights derived from the laws of war may now, since 1861, be lawfully and constitutionally exer- cised against all the citizens of the districts in rebellion. Rights of Rebels as Persons, as Citizens of States, and as Subjects of the United States, are, according to the Constitution, to be Settled by the Laws of War. Such being the law of the land, as declared by the Supreme Court, in order to ascertain what are the legal or constitutional rights of public enemies, we have only ...to refer to the' settled principles of the belligerent law of nations or the laws of war. Some of the laws of war are stated in the dissenting opinion in the case above-mentioned, A state of foreign war instantly annuls the most solemn treaties between nations. It terminates all obligations in the nature of compacts or contracts, at the option of the party obligated thereby. It destroys all claims of one belligerent upon the other, except those which may be sanctioned by a treaty of peace. A civil territorial war has the same effect, excepting only that the sove- 11 reign may treat the rebels as subjects as well as bellige- rents.
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