Page:Hawkins v. Filkins 01.pdf/19

304Rh Justice G said: "It is a proposition never doubted, that the belligerent party, who claims to be sovereign, may exercise both belligerent and sovereign rights, Under the very peculiar constitution of this government, although the citizens owe supreme allegiance to the federal government, they owe, also, a qualified allegiance to the states in which they are domiciled." 2 Black Rep., page 673. This power, during a civil war, to exercise both belligerent and sovereign rights, so distinctly asserted by Vattel, and by the supreme court of the United States, through its eminent judges, M and G, is fully illustrated and most distinctly announced by Judge S, in the case of the United States vs. Hayward, 2 Gallison Rep., 485. The facts in that case were, that "Castine," a port of entry in the district of Penobscot, within, and belonging to the United States government, was, on, the 1st of September, 1814, taken possession of by the British troops, and was held by that power until after the treaty of peace. After having thus taken possession, the governor of Nova Scotia issued a proclamation claiming the whole country. Under this state of the case, the question arose, as to whether "Castine," during the time it was thus held, was to be considered a foreign port. In regard to which Judge S said: "by the conquest and occupation, the laws of the United States were necessarily suspended in Castine, and by their surrender, the inhabitants became subject to such laws, and to such only, as the conquerors chose to impose. No other laws could, in the nature of things, be obligatory upon them; for, where there is no protection, or sovereignty, there can be no claim to obedience." ''Id. page 502.'' "By the conquest and occupation of Castine, that territory passed under the allegiance and sovereignty of the enemy. The sovereignty of the United States over the territory was, of course, suspended, and the laws of the United States could no longer be rightfully enforced, or be obligatory upon the inhabitants, who remained and submitted to the conquerors. Castine, therefore, could not, strictly speaking, be deemed a part of the United States; for its sovereignty no longer extended over the place." ''Id. 501.''