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rights, they claim immunity from all obliga- | Some of the laws of war are stated in the tions as States, or as a people-to this Gov- dissenting opinion in the case above menernment or to the United States. tioned.

WHEN DID THE REBELLION BECOME A TERRITORIAL WAR?

This case has been settled in the Supreme Court of the United States, in the case of the Hiawatha, decided on the 9th of March, 1863. | In that case, which should be read and studied by every citizen of the Union, the members of the court differed in opinion as to the time when the war became territorial. The majority decided that, when the fact of general hostilities existed, the war was territorial, and the Supreme Court was bound to take judicial cognizance thereof. The minority argued that, as Congress alone had power to declare war, so Congress alone has power to recognize the existence of war; and they contended that it was not until the act of Congress of July 13, 1861, commonly called the non-intercourse act, that a state of civil, territorial war was legitimately recognized. All the judges agree in the position " that, since July 13, 1861, there has existed, between the United States and the Confederate States, civil, territorial war."

WHAT ARE THE RIGHTS OF THE PUBLIC ENEMY . SINCE THE REBELLION BECAME A TERRITORIAL CIVIL WAR.

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 sovereign may treat the rebels as subjects as well as belligerents.

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 compact, a treaty, or a covenant, and whether the parties to it were States, in their sovereign capacity, or the people of the United States as individuals.

Any other result would be as incomprehensible as it would be mischievous. A public enemy cannot, lawfully, claim the right of entering Congress and voting down the meas ures taken to subdue him.

Why not? Because he is a public enemy; because, by becoming a public enemy, he has

The Supreme Court have decided in the annulled and lost his rights in the Governcase above named in effect:ment, and can never regain them, excepting by our consent.

"That since that time the United States have full, belligerent rights against all persons residing in the districts declared by the President's proclamation to be in rebellion." That the laws of war," whether that war be civil or inter gentes, converts every citizen of the hostile State into a public enemy, and treats him accordingly, whatever may have been his previous conduct."

That all the rights derived from the laws of war may now, since 1861, be lawfully and constitutionally exercised against all the citizens of the districts in rebellion.

If the inhabitants of a large part of the Union have, by becoming public enemies, surrendered and annulled their ormer rights, the question arises can they recover them? Such rights cannot be regained by reason of their having ceased to fight. The character of a public enemy, having once been stamped upon them by the laws of war, remains fixed until it shall have been, by our consent, removed.

To stop fighting does not make them cease to be public enemies, because they may have laid down their arms for want of powder, not for want of will. Peace does not restore the

The

RIGHTS OF REBELS AS PERSONS, AS CITIZENS OF STATES, AND AS SUBJECTS OF THE UNITED STATES, ARE, ACCORDING TO THE CONSTITU-noble dead who have fallen a sacrifice to TION, 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.

treason. Nor does it revive the rights once extinguished by civil, territorial war. land of the Union belongs to the people of the United States, subject to the rights of individual ownership. Each person inhabiting those sections of the country declared by the President's proclamation to be in rebellion has

eny is not to be a public enemy to the country, in the eye of belligerent or international law. Who so engages in an insurrection is a personal enemy, but it is not until that insurrection has swelled into territorial war, that he becomes a public enemy.

the right to what belongs to a public enemy, | against municipal law, and commit acts of and no more. Ile can have no right to take hostility against the Government, without any part in our Government. That right being a public enemy. To be a personal endoes not belong to an enemy of the country, while he is waging war, or after he has been subdued. A public enemy has a right to participate in or to assume the Government of the United States only when he has conquered the United States. We find in this well-settled doctrine of belligerent law the solution of all questions in relation to State rights. After the inhabitants of a district have become public enemies, they have no rights, either state or personal, against the United States. They are belligerents only, and have left to them only belligerent rights.

STATE RIGHTS ARE NOT APPURTENANT TO LAND.

Suppose that all the inhabitants living in South Carolina should be swept off, so that solitude should reign throughout its borders, unbroken by any living thing; would the State rights of South Carolina still exist as

attached to the land itself?

It must also be remembered that the right of Secession is not conceded by enforcement of belligerent law, since in civil war a nation has the right to treat its citizens either as subjects or belligerents, or as both. Hence, while belligerent law destroys all claims of subjects engaged in civil war, as against the parent government, it does not release the subject from his duties to that government. By war, the subject loses his rights, but does not escape his obligations.

The inhabitants of the conquered districts will thus lose their right to govern us, but will not escape their obligations to obey us. Whatever rights are left to them besides the rights of war will be such as we choose to allow them. It is for us to dictate to them, not for them to dictate to us, what privileges they shall enjoy.

THE PLEDGE OF THE COUNTRY TO ITS SOLDIERS,
ITS CITIZENS, AND ITS SUBJECTS MUST BE KEPT
INVIOLATE.

Can there be a sovereignty without a people, or a State without inhabitants? State rights, so far as they concern the Union, are the rights of persons, as members of a State, in relation to the general Government; and when the person has become a public enemy, then he loses all rights except the rights of war. And when all the inhabitants have (by Among the war measures sanctioned by engaging in civil, territorial war) become the President, to which he has, more than public enemies, it is the same, in legal effect, once, pledged his sacred honor, and which as though the inhabitants had been annihi-Congress has enforced by solemn laws, is the lated. So far as this Government is con- liberation of slaves. The Government has incerned, civil territorial war obliterates all vited them to share the dangers, the honor, lines of States or counties; the only lines and the advantages of sustaining the Union, recognized by war are the lines which sep- and has pledged itself to the world for their arate us from a public enemy.

FORFEITURE NOT CLAIMED-THE RIGHT OF SE

BE DEEMED BELLIGERENTS AND SUBJECTS.

freedom.

Whatever disasters may befall our arms, CESSION NOT ADMITTED, SINCE CITIZENS MAY whatever humiliation may be in store for us, it is earnestly hoped that we may be saved the unfathomable infamy of breaking the nation's faith with Europe, and with colored citizens and slaves in the Union.

I do not place reliance upon the common law doctrine of forfeitures of franchises as applicable to this revolution, for forfeitures can be founded only upon the admission of the validity of the act on which forfeiture is founded.

Now, if the rebellious States shall attempt to return to the Union with constitutions guaranteeing the perpetuity of slavery-if the Nor does the belligerent law of civil, ter- laws of these States shall be again revived ritorial war, whereby a public enemy loses and put in force against free blacks and slaves, his rights as a citizen, admit the right of Se- we shall at once have reinstated in the Union, cession. It is not any vote or law of Seces-in all its force and wickedness, that very sion that makes an individual a public en- curse which has brought on the war and all emy. A person may commit heinous offences its terrible train of sufferings. The war is

One of two things should be done in order to keep faith with the country and save us from obvious peril.

fought by slaveholders for the perpetuity of | have the remedy and antidote in your own slavery. Shall we hand over to them, at the hands? end of the war, just what they have been fighting for? Shall all our blood and treasure be spilled uselessly upon the ground? Shall the country not protect itself against the evil which has caused all our woes? Will you breathe new life into the strangled serpent, when, without your aid he will perish?

If you concede State rights to your enemies what security can you have that traitors will not pass State laws which will render the position of the blacks intolerable; or reduce them all to slavery?

Would it be honorable on the part of the United States to free these men and then hand them over to the tender mercies of the slave laws?

Will it be possible that State slave laws should exist and be enforced by Slave States without overriding the rights guaranteed by the United States law to men, irrespective of color, in the Slave States?

Will you run the risk of these angry collisions of State and national laws while you

Allow the inhabitants of conquered territory to form themselves into States, only by adopting constitutions such as will forever remove all cause of collision with the United States, by excluding slavery therefrom, or continue military government over the conquered district until there shall appear therein a sufficient number of loyal inhabitants to form a Republican Government, which, by guaranteeing freedom to all, shall be in accordance with the true spirit of the Constitution of the United States. These safeguards of freedom are requisite to render permanent the domestic tranquillity of the country which the Constitution, itself, was formed to secure, and which it is the legitimate object of this war to maintain.

With great respect, your obedient servant,
WILLIAM WHITING.
WASHINGTON, July 28, 1863.

contemporary with the author, who died in 1349, are not uncommon. Old Lidgate mentions it in his "Bochas," folio 217 :

THE Statistical Congress at its recent meeting scientia), a Northumbrian poem of the fourin Berlin, pronounced itself greatly in favor of teenth century, by Richard Rolle de Hampole, the foundation of international permanent soci- copied and edited from manuscripts in the lieties for the assistance of wounded military men brary of the British Museum, with an introducin time of war. The Genevese M. Durant, the tion, notes, and a glossarial index by Richard author of "Un Souvenir de Solferino," had, as Morris, has appeared at Asher and Co's in Beris well known, first proposed such societies and lin. This theological poem of Richard Rolle, the calling together of a preliminary inter- surnamed the Hermit of Hampole, has never national conference for this purpose. This meet-been previously printed, though manuscripts, ing is to be held shortly at Geneva. The committee will propose, inter alia, that efforts should be made to induce all belligerent powers to secure neutrality to the entire staff of military medical men, including those who volunteer their services; and that further, the government should be bound to do their utmost for the transport and assistance of all medical men engaged with the troops; and, further, to aid the international societies as far as lies in their power. It would be very desirable if the Congress would not be too pedantic with respect to the official recognition of belligerents. The Poles, for instance, might, perhaps, be considered worthy of human aid in the frightful massacre going on at this present moment, although they have not been " recognized' as yet.

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"In perfect living which passeth poesie,

Richard Hermite contemplative of sentence
Drough in Englishe the Pricke of Conscience."

A NEW journal is about to appear in Turin, entitled the "Alps" a chronicle of these regions in their scientific, economic, and "dramatic" aspects. Its scope will embrace, according to the programme, the zone of Monte dello Schievo to Bittoray, and of the maritime Alps to the Adriatic-about 1,600 kilomètres.

THE first instalment of a "Dictionnaire des Idiomes languedociens," by G. Azaïs, has ap

"THE Pricke of Conscience" (Stimulus Con- peared.

From The Spectator, 21 Nov. FREDERICK VII., THE REPUBLICAN

KING.

lic speech. Kingship, his republican friends taught him as they had taught Alexander of Russia before-was not incompatible with strong democratic leanings; only the king must be the hereditary chief of the lower classes, the ill-used and oppressed" people." With these ideas Prince Frederick went back to Denmark, at the age of twenty.

Things, meanwhile, had changed at the Danish court in regard to the succession to the throne. The reigning king, now sixty years old, had given up all hopes of having male offspring, and Frederick's father, Prince Christian, cousin of the monarch, had become heir-apparent to the crown. The aged king was exceedingly anxious to marry off his two daughters, the eldest already past thirty; and no suitor coming from abroad, he offered them to the only disposable male relations at home

A KING has just departed life of whom it may well be said that his crown was uneasy on his head. The late monarch of Denmark was not born to the throne, and not brought up for the throne, and all his life long he wished nothing better than to descend from the throne which chance had given him, but for which he felt little love. Frederick VII. was born October 6, 1808, twelve months after the bombardment of Copenhagen by the British fleet, at a time when the crown of Denmark did not seem to be worth many years' purchase. His father, too, was but the cousin of the reigning king, who had two daughters, and being only forty years of age, had hopes of still possessing male offspring. Under these circumstances, the prospects of young Prince Frederick appeared to be not particularly brilliant; and his father being a proud though singularly unostentatious man, he was left almost entirely to himself, and permitted to grow up among peasants, sailors, and soldiers, from whom he imbibed strongly democratic tastes. When only four years of age, a great misfortune befell the poor boy. His parents, after several years of unhappiness, were separated by a divorce, which decreed that he should be torn from his affectionate mother and be left under the care of strangers. Among strangers accordingly he grew up, the father being so entirely engrossed by political affairs, in the course of which the crown of Norway was placed on his head for four short months, as almost to forget the existence of his son. A new marriage, which gave Frederick a stepmother, estranged the paternal feelings still more, and the young prince was glad enough when, at the age of sixteen, he was permitted to leave Denmark on travels through Europe, nominally to complete his education, in reality to begin it. He duly made the then customary tour de l'Europe, and then settled down for several years at Geneva. Here, in the country of Jean Jacques Rousseau, he imbibed ultra-republican principles, for the reception of which his previous training, or absence of training, had already well fitted him. The splendid dreams of La Jeune Suisse, of the punishment. By a royal decree of September liberty, equality, and fraternity of all mankind, took deep root within his mind, and, years after, were reproduced in his last pub

the one, the young man just returned from Geneva; and the other, his uncle, Prince Ferdinand. The young republican prince would fain have declined the honor of being united to a king's daughter; but a refusal was not permitted to him and by orders of his father and the king he was married, under strong military escort, to his cousin, Princess Wilhelmina, on the 1st of November, 1828. What might have been foreseen occurred immediately after. Frederick took from the first a strong dislike to his wife, who was somewhat his senior in age, which was greatly increased in time by her haughty disposition, utterly foreign to his own habits, acquired at Geneva, as well as his principles and way of thinking. Before long he left his royal spouse altogether, taking refuge at a mansion, distant from the capital, among his old friends and humble companions. He here made the acquaintance, for the first time, of Louise Rasmussen, a sprightly little damsel of sixteen, the daughter of a poor tradesman, but with some education and more grace and mother-wit. Such society was altogether more to his tastes than that of the stiff court of Copenhagen, at which he did not make his appearance for a long time. It was in vain that the irritated king summoned him back to his wife; the delinquent seemed decided to follow his inclinations more than his duty, and at length brought upon himself condign

10, 1837, Prince Frederic was banished to the fortress of Fredericia, in Jutland, where, in the midst of an immense marsh, he had time

to philosophize upon royalty, and democracy, | friends, among whom she sojourned for anand the advantage of marrying a king's other couple of years, and then returned to daughter. Old soldier and sailor friends | Copenhagen. Getting to the dangerous bounwere not allowed on visit to Fredericia, and dary of thirty, Miss Rasmussen now resolved even little Louise Rasmussen could not find her way to the fortress, but with many tears, on the order of her parents, set out on a journey to Paris, where she became an ornament to the corps de ballet. A few days after Frederick's arrival at the place of his banishment, a decree of divorce between him and Princess Wilhelmina was issued at Copenhagen. However, the king's daughter did not remain long a lonely divorced wife, for in less than eight months after, on the 19th May, 1838, she gave her hand to another distant cousin, Prince Charles of Sonderburg-Glücksburg.

lodgings, and a few months after, she found herself installed in a pretty little villa on the island of Amager, from which, at the end of a year, she migrated to a larger mansion, with numerous servants about her. Here she had the satisfaction of learning the divorce of Prince Frederick from his second wife, after a union of five years. Princess Caroline returned to Mecklenburg-Strelitz, and Louise Rasmussen was declared favorite entitre.

to become steady, and accordingly settled down as milliner and dressmaker, working for the shops and for any procurable private customers. One evening, coming home late from her work, she was arrested-at least, this is the Copenhagen story-by the sight of a fire, and with wonted energy ranged herself among the human chain of assistants whose hands passed the pails of water from the canal to the fire-engine. She had not been there long when she perceived that a gentleman opposite, likewise busy in handing pails, stared very hard at her, as if trying to The death of the king and the accession of recognize an acquaintance. She recognized his father to the throne released Prince Fred-him at once; it was his Royal Highness erick from prison at the end of little more Prince Frederick, heir to the throne of Denthan two years, and he was then appointed mark. The conflagration being subdued, governor of the Island of Funen. But being Prince Frederick gallantly offered his arm to inclined to fall again into his old ways of liv-accompany Miss Rasmussen to her humble ing, his royal father soon after insisted that he should marry once more, and after some negotiations, Princess Caroline of Mecklenburg-Strelitz was chosen to be the second wife. In the full bloom of youth, very pretty, and highly accomplished, it was hoped that she would wean Prince Frederick from his lowborn companions, and bring him back to court and to a sense of his crown-princely duties. But this the young princess signally failed to do. Frederick, although he ac- King Christian VIII. died on the 20th knowledged her to be prettier, thought her January, 1848, and the same day his son as proud as his first wife, and before long ab- ascended the throne as Frederick VII. One sented himself more than ever from the court of his first acts was to elevate Louise Rasand his new home. What, probably, greatly mussen to the rank of Baroness Danner, contributed to this estrangement was an ac- which title was advanced soon after to that cidental meeting with an old friend of his of Countess. The matter created some disyouth, Louise Rasmussen. Poor Louise had sent at first among the people; but was seen hard times since she left Denmark for judged less severely when it was found that France. Though an ornament for some years, the royal favorite used whatever influence she of the Paris corps de ballet, she was soon possessed for the benefit of the nation. Beshelved on the appearance of greater orna- sides, the king loudly declared more than ments, and had to content herself with becom- once that he would prefer a thousand times ing a member of a wandering troupe of actors, giving up his throne than separation from disseminating dramatic art through the little his friend. The abdication seemed near when towns of Germany, Hungary, and Bohemia. the news of the French Revolution arrived at The speculation, with all its hardships and Copenhagen. A large mob, composed of miseries, proved very unsatisfactory in a pe- ultra-radicals and members of the Scandinacuniary sense, and Louise Rasmussen was glad vian party, filled the palace of the king, cryto drop off the stage at a destitute Hanoverian ing for reform and threatening insurrection. village, and to proceed on foot to Hamburg. They were disarmed by the solemn response The wealthy merchant city gave her new of Frederick VII. that he was perfectly ready

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