Studies in Civics Part 63

Remedy.--In munic.i.p.al law, remedy for a wrong is obtained through the courts, if personal influence fails. Among nations there is no general court having jurisdiction. If redress cannot be obtained by remonstrance, arbitration, or other peaceful means, it may be sought through retaliation or finally in war.

WAR RELATIONS.

"International law a.s.sumes that there must be wars and fightings among nations, and endeavors to lay down rules by which they shall be brought within the limits of justice and humanity."

Causes.--A nation may wage war to defend any right which as a state it is bound to protect, to redress wrong, or to prevent injury; for instance, to defend its own sovereignty; to protect a citizen in his rights; to obtain satisfaction for insults to its flag, its amba.s.sadors, or its good name; for the violation of treaty rights; to prevent injury, as by checking the onward march of some "conquering hero." War for conquest is not now recognized as legitimate.

Beginning.--"War between independent sovereignties, is and ought to be, an _avowed, open_ way of obtaining justice." Even among the ancients announcements were usually made before war was begun. The Greeks sent a herald to carry the news. "Among the Romans the ceremonies of making known the state of war were very punctilious." But formal declarations of war are now falling into disuse; not from any intention of taking the enemy unawares, but because of the rapidity with which news is now disseminated.

Still a state is in honor bound to indicate in some way its changed relation. This is due to the enemy, and just to its own citizens and to neutrals, that they may know how to act. The enemy is usually informed by the peremptory dismissal of its amba.s.sador; the citizens and neutrals by a manifesto of some kind. (See p.354.)

Between whom.--War being an interruption of peaceful relations, commerce between the citizens is at an end--is forbidden. Contracts between them then become either "impossible in their nature" or "unlawful," and therefore void.

The war is not between the individual citizens of the two countries, it is between the governments and is waged by authorized agents--the soldiers and sailors enlisted for the purpose. "The smallest amount of injury consistent with self-defense and the sad necessity of war, is to be inflicted." Pa.s.sive citizens are not unnecessarily to be molested.

Weapons.--Not "all things are fair in war." Though ingenuity may properly tax itself to produce death-dealing instruments, underhanded means, such as poisoning springs or spreading a plague, are condemned; nor is it now regarded as consistent with right for a civilized nation to employ against another, persons accustomed to an inhuman mode of warfare.

Heralds and Spies.--Heralds bearing flags of truce are inviolable--they must not be molested. Spies, unless in their regimentals, are subject to the death penalty if caught.

Pirates and Privateers.--Pirates, acting under no authority, having no purpose to serve except to enrich themselves at the expense of any one else, are not protected by any nation, and may be put to death by any one capturing them. But privateers, acting as an arm of the government and by its authority, granted by its letters of marque and reprisal, must be treated as prisoners of war.

Prisoners of War.--Prisoners taken in war were formerly the property of their captors, to be used for their pleasure or profit as slaves. Modern usage requires that they be merely detained; that they be fed and sheltered with reasonable comfort, and not treated with any unnecessary harshness. A common practice, worthy of encouragement, is that of exchanging prisoners, thus restoring them to their own side. Sometimes, too, prisoners are released on _parole,_ that is, on their word of honor not to re-enter the army. If a paroled prisoner breaks his word in this respect, upon recapture he is liable to be put to death.

Termination.--Peace comes by treaty. There is usually a preliminary treaty, containing the general statement of conditions to which both parties will consent. When all the details have been arranged, a definitive treaty is concluded. Treaties of peace go into effect as between the parties, when they are signed; as between individuals of the belligerent nations, when they are notified.

RIGHTS AND OBLIGATIONS OF NEUTRALS.

When intercourse between the countries of the world was small, owing to lack of facilities, the rights of neutrals were regarded as unimportant.

But intercourse has increased so enormously, that no great war can be waged without interfering with the interests of almost all the rest of the world, and the rights of neutrals are a.s.suming more importance in international law.

The great obligation resting upon neutrals is "to allow nothing to the belligerents which either would object to as being adverse to his interests."

What Neutrals may do.--The common instincts of humanity may be complied with. Thus a ship of war in distress may run into a neutral port. Soldiers running into neutral territory may be disarmed and then protected as non-combatants.

Things Contraband.--It is a breach of neutrality to lend money or furnish troops or munitions of war to a belligerent, or to allow ships of war to be built by citizens of the neutral power within its borders, if it knows (or _should_ know) that they are to be armored and used in the service of one of the belligerents.

Citizens of Neutral States.--Members of a neutral state may lend money to a belligerent or may go into the army or navy of a belligerent without breach of the neutrality of their nation. They may sell goods, except materials of war, to either belligerent, Blockade.--A belligerent may, as a war measure, close the ports of the enemy. This is called a blockade.

Two things are necessary to make a blockade valid--due notice must be given, and the blockade must be made effective by placing before the ports armed vessels to prevent the entrance of trading vessels. If the conditions have been complied with, neutrals trade with the port at the risk of losing all captured ships and cargoes.

DECLARATION OF WAR--1812.

An act declaring war between the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America and their territories.[Footnote: Drawn by William Pinckney, Attorney General of the United States.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress a.s.sembled, That war be, and the same is hereby declared to exist between the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America and their territories; and that the President of the United States is hereby authorized to use the whole land and naval force of the United States to carry the same into effect, and to issue to private armed vessels of the United States commissions, or letters of marque and general reprisal, in such form as he shall think proper, and under the seal of the United States, against the vessels, goods, and effects, of the government of the United Kingdom of Great Britain and Ireland and the subjects thereof.

APPENDIX E.--DOc.u.mENTS.

ACT AUTHORIZING A STATE GOVERNMENT.

[Pa.s.sed February 26, 1857.]

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress a.s.sembled, That the inhabitants of that portion of the Territory of Minnesota which is embraced within the following limits, to-wit: beginning at the point in the center of the main channel of the Red River of the North, where the boundary line between the United States and the British Possessions crosses the same; thence up the main channel of said river to that of the Bois de Sioux River; thence up the main channel of said river to Lake Traverse; thence up the centre of said lake to the southern extremity thereof; thence in a direct line to the head of Big Stone Lake; thence through its centre to its outlet; thence by a due south line to the north line of the State of Iowa; thence along the northern boundary of said state to the main channel of the Mississippi River; thence up the main channel of said river, and following the boundary line of the State of Wisconsin, until the same intersects the St. Louis River; thence down the said river to and through Lake Superior on the boundary line of Wisconsin and Michigan, until it intersects the dividing line between the United States and the British Possessions; thence up Pigeon River and following said dividing line to the place of beginning, be, and they hereby are authorized to form for themselves a const.i.tution and state government by the name of the State of Minnesota, and to come into the Union on an equal footing with the original states, according to the federal const.i.tution.

SEC. 2. And be it further enacted, That the State of Minnesota shall have concurrent jurisdiction on the Mississippi and all other rivers and waters bordering on the said State of Minnesota, so far as the same shall form a common boundary to said state and any state or states now or hereafter to be formed or bounded by the same; and said river or waters leading into the same shall be common highways, and forever free, as well to the inhabitants of said state as to all other citizens of the United States, without any tax, duty, impost, or toll therefor.

SEC. 3. And be it further enacted, That on the first Monday in June next, the legal voters in each representative district then existing within the limits of the proposed state, are hereby authorized to elect two delegates for each representative to which said district may be ent.i.tled according to the apportionment for representatives to the territorial legislature, which election for delegates shall be held and conducted, and the returns made, in all respects in conformity with the laws of said territory regulating the election of representatives; and the delegates so elected shall a.s.semble at the capitol of said territory on the second Monday in July next, and first determine by a vote whether it is the wish of the people of the proposed state to be admitted into the Union at that time; and if so, shall proceed to form a const.i.tution, and take all necessary steps for the establishment of a state government, in conformity with the federal const.i.tution, subject to the approval and ratification of the people of the proposed state.

SEC 4. And be it further enacted, That in the event said convention shall decide in favor of the immediate admission of the proposed state into the Union, it shall be the duty of the United States marshal for said territory to proceed to take a census or enumeration of the inhabitants within the limits of the proposed state, under such rules and regulations as shall be prescribed by the Secretary of the Interior, with a view of ascertaining the number of representatives to which said state may be ent.i.tled in the Congress of the United States. And said state shall be ent.i.tled to one representative, and such additional representatives as the population of the state shall, according to the census, show it would be ent.i.tled to according to the present ratio of representation.

SEC 5. And be it further enacted, That the following propositions be, and the same are hereby offered to the said convention of the people of Minnesota for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory on the United States, and upon the said State of Minnesota, to-wit.

_First_--That sections numbered sixteen and thirty-six in every township of public lands in said state, and where either of said sections, or any part thereof, has been sold or otherwise disposed of, other lands, equivalent thereto, and as contiguous as may be, shall be granted to said state for the use of schools.

_Second_--That seventy-two sections of land shall be set apart and reserved for the use and support of a state university, to be selected by the Governor of said state, subject to the approval of the Commissioner of the General Land Office, and to be appropriated and applied in such manner as the legislature of said state may prescribe, for the purpose aforesaid, but for no other purpose.

_Third_--Ten entire sections of land to be selected by the Governor of said state, in legal sub-divisions, shall be granted to said state for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof.

_Fourth_--That all salt springs within said state, not exceeding twelve in number, with six sections of land adjoining or as contiguous as may be to each, shall be granted to said state for its use, and the same to be selected by the Governor thereof within one year after the admission of said state, and, when so selected, to be used or disposed of on such terms, conditions and regulations as the legislature shall direct, provided, that no salt spring or land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall by this article be granted to said state.

_Fifth_--That five per centum of the net proceeds of sales of all public lands lying within said state, which shall be sold by Congress after the admission of said state into the Union, after deducting all the expenses incident to the same, shall be paid to said state for the purpose of making public roads and internal improvements, as the legislature shall direct, provided, the foregoing propositions herein offered, are on the condition that the said convention which shall form the const.i.tution of said state, shall provide, by a clause in said const.i.tution, or an ordinance, unrevocable without the consent of the United States, that said state shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations Congress may find necessary for securing the t.i.tle in said soil to _bona fide_ purchasers thereof; and that no tax shall be imposed on lands belonging to the United States, and that in no case shall non-resident proprietors be taxed higher than residents.

ACT ADMITTING MINNESOTA INTO THE UNION.

[Pa.s.sed May 11, 1858.]

Whereas, an act of Congress was pa.s.sed February twenty-sixth, eighteen hundred and fifty-seven, ent.i.tled "An act to authorize the people of the Territory of Minnesota to form a const.i.tution and state government preparatory to their admission into the Union on an equal footing with the original states;" and whereas, the people of said territory did, on the twenty-ninth day of August, eighteen hundred and fifty-seven, by delegates elected for that purpose, form for themselves a const.i.tution and state government, which is republican in form, and was ratified and adopted by the people at an election held on the thirteenth day of October, eighteen hundred and fifty-seven, for that purpose; therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress a.s.sembled, That the State of Minnesota shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever.

SEC. 2. And be it further enacted, That said state shall be ent.i.tled to two representatives in Congress, until the next apportionment of representatives amongst the several states.

SEC. 3. And be it further enacted, That from and after the admission of the State of Minnesota, as hereinbefore provided, all the laws of the United States, which are not locally inapplicable, shall have the same force and effect within that state as in other states of the Union; and the said state is hereby const.i.tuted a judicial district of the United States, within which a district court with the like powers and jurisdiction as the district court of the United States for the district of Iowa, shall be established; the judge, attorney and marshal of the United States for the said district of Minnesota, shall reside within the same, and shall be ent.i.tled to the same compensation as the judge, attorney and marshal of the district of Iowa; and in all cases of appeal or writ of error heretofore prosecuted and now pending in the supreme court of the United States upon any record from the supreme court of Minnesota Territory, the mandate of execution or order of further proceedings shall be directed by the supreme court of the United States to the district court of the United States for the district of Minnesota, or to the supreme court of the State of Minnesota, as the nature of such appeal or writ of error may require; and each of those courts shall be the successor of the supreme court of Minnesota Territory, as to all such cases, with full power to hear and determine the same, and to award mesne or final process therein.

RESTORATION OF TENNESSEE TO THE UNION, 1866.

(Thirty-ninth Congress, First Session.)

Joint resolution restoring Tennessee to her relations to the Union.

Whereas, in the year eighteen hundred and sixty-one, the government of the state of Tennessee was seized upon and taken possession of by persons in hostility to the United States, and the inhabitants of the state in pursuance of an act of Congress, were declared to be in a state of insurrection against the United States; and whereas, said state government can only be restored to its former political relations in the Union by consent of the law-making power of the United States; and whereas, the people of said state did on the twenty-second day of February, eighteen hundred and sixty-five, by a large popular vote, adopt and ratify a const.i.tution of government whereby slavery was abolished, and all ordinances and laws of secession and debts contracted under the same were declared void; and whereas a state government has been organized under said const.i.tution which has ratified the amendment to the const.i.tution of the United States abolishing slavery, also the amendment proposed by the thirty-ninth Congress, and has done other acts proclaiming and denoting loyalty; Therefore,