Charles Sumner: his complete works, volume 17 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 17 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
“All persons residing within this territory, whose property
may be used to increase the revenues of the hostile power, are
in this contest liable to be treated as enemies, though not
foreigners.”[12]
Here is the rule of International Law applied directly to our civil
war. In a later case the rule is applied with added emphasis and
particularity:--
“We must be governed by the principle of public law, so often
announced from this bench as applicable alike to civil and
international wars, that _all the people of each State or
district in insurrection against the United States must be
regarded as enemies_.”[13]
Thus, according to our highest tribunal, the rule in civil war and
international war is the same. By another decision of the Court, this
same rule continues in force until the character of public enemy is
removed by competent authority. On this point the Court declares itself
as follows, in the Alexander cotton case:--
“All the people of each State or district in insurrection
against the United States must be regarded as enemies,
until, by the action of the Legislature and the Executive,
or otherwise, that relation is thoroughly and permanently
changed.”[14]
If the present case is to be settled by authority, this is enough. Here
is the Supreme Court solemnly recognizing the rule of International
Law, even to the extent of embracing under its penalties _all the
people_ of the hostile community, without regard to their sentiments of
loyalty. This is decisive. You cannot decree the national liability in
the present case without reversing these decisions. You must declare
that the rule of International Law is not applicable to our civil war.
There is no ground for exception. You must reject the rule absolutely.
Do you say that its application is harsh? Of course it is. But again
I say, this is war; or rather, it is rebellion which has assumed the
front of war. I do not make the rule. I have nothing to do with it. I
take it as I find it, affirmed by great authorities of International
Law, and reaffirmed by the Supreme Court of the United States.
* * * * *
Here I might stop; for the conclusion stands on reason and authority,
each unanswerable; but I proceed further in order to relieve the case
of all ambiguity. Of course instances may be adduced where compensation
has been made to sufferers from an army, but no case like the present.
If we glance at these instances, we shall see the wide difference.
* * * * *
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account