Could the seizure of British subjects in such cases be regarded as within the exercise of a belligerent right, the acknowledged laws of war, which forbid an article of captured property to be adjudged without a regular investigation before a competent tribunal, would imperiously demand the fairest trial where the sacred rights of persons were at issue. The major-general, brigade-inspector and chief of the staff department, except the adjutant and commissary generals, were appointed by the State.

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