Page:Essays on the Civil War and Reconstruction.djvu/40

 case, the insurgents would seem to be entitled to the treatment which public law secures to armed public enemies. But the question early arose, could not the government follow both courses at the same time, and be guided in its dealings with the rebels by international or by constitutional law, at its discretion? Could it not, for example, hang as traitors rebels taken in battle as prisoners of war? A practical application of some principle was early called for. In the fall of 1861 the crews of several Confederate privateers were brought as captives to New York, and were tried for piracy. The proceeding was in accordance with Mr. Lincoln's blockade proclamation, which ended with a declaration that rebels molesting United States vessels should be thus dealt with. But though a conviction was obtained in at least one case, the penalty was never enforced, for the reason that the Richmond government announced its intention to visit upon an equal number of prisoners in its hands exactly the same treatment that was accorded to the Confederates.

The course of the administration in reference to the exchange of prisoners and other matters was dictated by the same considerations that were operative in the case of the privateersmen. It was desired to secure all the advantages which flowed from the exercise of the war power by the government, while not conceding belligerent rights to