The Return of Rebellious States to the Union : a Letter From Hon. Wm. Whiting to the Union League of Philadelphia

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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.
Hence civil war, in which the belligerents have become territorial enemies, instantly annuls all rights or claims of public enemies against the United States, under the Constitution or laws, whether that Constitution be called a.


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