The Continental Monthly, Vol 6, No 5, November 1864: Devoted To Literature And National PolicyVarious
History
The Continental Monthly, Vol 6, No 5, November 1864: Devoted To Literature And National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
But, in the second place, suppose it were possible to have a 'cessation
of hostilities' without this preliminary acknowledgment of the
Confederate independence, and that the war might be at an absolute stand
still for a definite season, are we fully aware of the risks attending
this measure? For the Chicago platform has left them out of sight. 'A
cessation of hostilities' is an armistice; and there is no such thing
known in the authorities on international law, or in history, as 'a
cessation of hostilities' distinct from an armistice. In defining the
incidents of war, Wheaton speaks of a '_suspension of hostilities by
means of a truce_, or _armistice_,' and uses the three terms
interchangeably. In other words, whatever 'cessation (or suspension, as
it is called in the books) of hostilities,' there may occur between the
parties to a war, it is known among men and in history as an armistice,
which is also the technical term for it. There would be no need to
enlarge upon this point, if it had not been made already the basis of
fallacious appeals to popular ignorance. Now, the incidents of an
armistice are well defined, giving to both parties, besides the
advantage of time to rest, full liberty to repair damages and make up
losses of men and material; and it is perfect folly, or worse, to talk
of 'a cessation of hostilities' without giving to the rebels these
important advantages. But the controlling consideration in reference to
this whole thing, and which every person ought to ponder carefully, is
the effect of the proposed 'cessation of hostilities' upon our neutral
neighbors. On this point the doctrine of international law is thus
stated by the distinguished French writer, Hautefeuille, 'the eminent
advocate of neutral rights,' as he is justly called by the American
editor of Wheaton, and whose works on neutral relations are always cited
with respect, and recognized as authority.
'The duties imposed on neutrals by the state of war belong
essentially to the state of war itself. From the moment it ceases,
for whatever cause, even temporarily, the duties of neutrals
likewise cease; _as to them, peace is completely restored during
the suspension of arms_. They resume then all the rights which had
been modified by the war, and can exercise them in their full
extent during the whole time fixed for the duration of the truce,
if this time has been limited by the agreement; and until the
resumption of hostilities has been officially announced to them, if
it has not been limited.'[5]
[Footnote 5: 'Des Droits des Nations Neutres,' t. I., p. 301]
Public-domain text, read in full here on John Shaqi.
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