Complete Works. Hamilton AlexanderЧитать онлайн книгу.
L.
Internal like obligation to pay a debt barred by Statute of limitations.
Or to observe Parol agreement not binding St. fraud
M.
By natural, party in the wrong acquires no rights in War
By the voluntary both parties equal rights Effects on both sides same --
The Rule has different objects -- Peace of Nations security of purchases --
-- Acknowleged universally thought and efferent princ --
Some ascribing to a positive law Tacit Consent in making peace Necessity true Rule --
HENCE justice or Injustice of the war -- makes no diff:
N.
Objection this not a Solemn war
-- Answer by the best opinions & Practice no diff --
Date Bynker Stroeck!
But the War between G.B. &.U.S. was a solemn war
Formalities arbitrary
Act of Parliament authorizing hostilities
Declaration of Ind. admits open War
Congress by a formal resolution authorizes against British --
Journals of Cong. P. 245
O.
2. Objection no war between Independ: Nations objection not good in our Mouths Public acts contradict: claim sanction Best opinions to the contrary.
3 Obj.
P.
State of New York has no Common law of Nations
-- Answer 1. This result from Univ. law
2. Our constitution adopt common law
3. The United States have formally assented for us.
what are the effects of War! GREAT INQUIRY
Q.
Ea quae & true rule: Molloy: Plead
Moveables for ever
Immoveables & fruits during possession: ROMANS 5
No Precedent of an Action
Common law: Prisoner: Real property -- Proves that justice or injustice not considered
For the Civil law of every Country presumes its Sovereign in the right
R.
Objection: Vatel says property of immoveables not complete till peace This means full right of domain to aliens.
S.
Postliminum what? Regulates rights of Natives within itself Has nothing to do with claim of damages, Rights of contending parties or neutral nations.
OBSERV:
The laws of war permit the Conqueror to take all the profits of the land: to which right in practice has succeeded
Contribution.
But most mitigated hostility permit making use of deserted property --
CONS
The enemy having exercised this right through Def. he cannot be answerable
T.
Nor can it be done without a violation of the Treaty of peace.
Which includes Amnesty
CONS
Object: Congress had no right
Answer Then Cong: nothing
But Congress had a right
Our Sovereignty began by a Federal act
-- Externally exists only in the Union
Declar of Ind: which is FUND,( Fundemental) constitution of each State asserts the Power of Congress to levy war conclude peace, contract alliances
Proceedings P. 12
New York Convention approves, not authenticates Congress, this had in fact complete Sovereignty --
Art. 30 - ART. IX
-- Union know in the Constitution.
Cong: thou Abrigm leaves Congress full powers of War Peace and Treaty
POWER of making Peace implies power of making conditions
"Lex est cuicunque aliquis aliquid concedit concedere videtur et id sine quo res ipsa effe non potuit" 16 Coke 52
Does not include power of dismembrement but of making all reasonable conditions
And without remission of damages, war continues
Q.
How give away rights of CITIZENS OF NEW YORK
Vatel B. 2 (7 § 81 p. 147
Ans. Citizens gave them that power.
The Power too results from the Eminent domain
Hence injury from the Government authorizes taking the property of innocent subjects.
Hence claim of damages for Injuries to Individuals is in the Public
Obj:
Those Injuries only forgiven which are in relation to the war --
Relationship to the War consists in the Capture of the City.
Lastly it would be a breach of the Confederation
-- Congress have made a treaty
A breach of that would be a breach of their constitutional authority
Power of Treaty Legislative,
Proclamation a law
Obj.
Sovereign authority may violate Treaties
-- Bold Ground admits the Intention
But within, Each State has no such power
Having delegated the management of its foreign concerns to Congress
To whom alone the consideration of these, reason of State belongs
As well a County may alter the laws of the State as the State those of the Confederation.
Obj.
It has been said Legislature may alter laws of Nations
Elen. Jurispruden:p. 62 Vatel B 3 C12 p. 76
Not true in theory
Example of Ramsom bill, nothing to the purpose.
If such a power does exist in our Government 'tis in Congress.
OBJECT
Accession to Conf: was act of Legislature why may not another act alter it?
ANs:
UNION preexisted
And
Act of accession not a law but a CONTRACT which one part cannot release itself from
One part of an Empire may dismember itself,
But this supposes dissolution of the Original contract
While Confed: exists its cons: Autho: paramount
But how are the JUDGES to decide?
Ans: Cons: giving Ind: Power only in prize causes in all others
Judges of each State must of necessity be judges of United States --
And the law of each State must adopt the laws of Congress.
Though in relation to its own Citizens local laws might govern, yet in relation to foreigners those of United States must prevail.
It must be conceded Leg: of one State cannot repeal law of United States
All must be construed to Stand together!
