Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-06-12

ton, in his answer TO the argument OF Mr. Carlisle
for the vessel and cargo, said he should reply
ss,iasiu to the six propositions made by the
learned counsel
1.-THE President hsd rigbtto blockade domestic
ports TorioTI, be had BIT to bloc kade foreg On
ports The question was, had be right under
the Constitution to blockade the ports Of Rich
mond and Norfolk at the time that power was
exercised Mr. Carlisle bad asked with en-
phssis, "wberr is the power! This is Govern
eBt Of limited powers, and unless the United
States could show that power in the Constitution,
be denied its existence Mr.. admitted this
TO he a Government Of limited powers, but the
power necessary. to carry these d, le2ated powers
IEto execution exists nv Implication. Mr. G..
referred to Sd section Article 2d Of the Constitu-
tiCn, "fhe President shall take care that the laws
he faitbfdlly sxscutsd - This was a solemn in
junction upon the President, and upon him rested
the responsibility; for upon faithful execution
of the laws rested the psrpetuity Of the Govern
ment, the freedom and happi mesa Of the people.
He referred also to the Presidents oath Of office.
In which he swears to preserve, protect and de-
Congress Is not In session, certain parties in diff
ferent portions Of the Confederacy, by fraud and
deception induce the people by force 10 r+sist the
execution Of the law until that fOTcible resistance
amounts either tO a form dabIe rebellion or 10
civil war, the President has the powet--indeed II
Is duty imposed upon him nv the letter and
spirit Of the COnstitution-to use all the means
recognized by the humaae code Of nations for its
suppression, and for the restoration Of peace aud
the faithful execution of the laws
IL 10 conceded that he has a right to resist
armed resistance TO the Government by force. IL
be has rigbtto employ force, be has right to
employ as much force as Is necessary FOR the pur-
pose Then, IL he has ri2 bit to employ force, and
10 the judge OF what force sbeuld be ployed,
a necessary incident tn that right, he exercise
the power Of blockade, which is recognized by
the law OF nations and founded upon the soundest
principlrs of humanity, justice, and public pol
icy; the object Of blockade being TO M dify the
force employed, TO prevent the necessary etusion
Of blood, and the destruction Of human life Mr..
c main aimed that wide-s spread and formidable
rebellion should be suppressed In the manner
cOgniZ@d By the law Of nations 1t was said that
4" the resident has no rig bit to declare war; Has
he done SO! II so, when, where, and against
whom, War has been declared against him and
the country and Government of which he is the
Chief Mag istrate by the representatives, Of bogus
government organized by band Of lawiess trail
tors who rely for the execution Of their treasona
bic purposes upon a brave. generous and an i'm
pulsive people, whom they have deceived by
system Of fraud and misr. presentation unprece-
de,ted In the annals OF history. In regard to the
tEird proposition, that the President has right
To suspeHd the treaty between this country aud
Great Britain at his discretion Treaties are In
the nature Of things subordinate to civil strife and
foreign war Men two nations enter into
treaty, til. re Is an implied condition annexed that
II may be dis urbe1 by foreign war or civil strife.
Two nations make a treaty of peace war begins
The wat is no violation Of the treaty We are at
war with England and at peace with France Our
commercial relations with the latter power may be
deranged by tie hostility with the former, but 1t
Is 10 violation Of our treaty with France III the
President has the right to establish a block ade,
and does So the disturbance Of our relations with
foreign powers follows a necessary and inevi-
table consequence, but IL Is no violation of our
treaties
Ia regard to the fourth proposition, that the
right OF blockade belongs exclusively TO bellige-
rents-v.z: TO parties engaged In war-and the
decision Of the supreme Court that the Executive
must determine whether war exists or not and
the political fact that the President DOES not recog
nize state of war in this country, but the con-
taTy state OF rebellion, and that the parties IN IL
are not bsllgerents to be used II taken in battle
as prisoners Of war, but as rebels who deserve the
halter, be had two answers He had already ar
gued that II made no difference whether this
armed and organized opposition to the Federal
Government, In view Of the extent to which it
had gone, be considered as rebellion or civil war
Becsuse he had argued that the President had the
power under the Constitution and by the law of
nations 20 blockade the ports Of the offending
parties for the purpose II suppressing a rebellion
Of that kind Bat was II true in point Of fact
that the President has dealt with any Of our de-
ludt d and unhappy kiDsmen who took up arms
against their Government which had always pro-
tec'ed and never harmed them, who have fallen
Into bis power, as traitors and as rebels, When
AID whe,e las he used the a. haItern ito use the
Language OF the learned proctor upon the mis-
guided men who have TOT Il ken up arms against
their country 10 refute the unjust imputatio on
he pointed with pride and pleasure 10 The YEN
erous conduct Of zen Lyon, OF Mo. " ho was
promoted bY the Administration as much for his
clem~ncy as for his yallantry and which is mat
ter Of history, and OF which his honor was houLd
to take Judicial notice; tie ncbie and patriotic
Of the gallant Col Kelly, Of Va who commands
the Union forces Of that State, ard who with the
magnantmity OF a true hero, defended from his
outraged soldiers the man who sOus ht his life
Mr.. G.. then invited the Court to consider for q
moment the other side. IL is represented by two
classes % individuals First, by good aud Ioyal
men, who have been forced 70 take IN aru,a
against their country; and by other good and loyal
men who have been persuaded by fraud and mis-
representation, to take up arms against the Frde-
raj Government In viBdicztion Of their ,tght,
fhNNe RIGHTS he kaA 49,,
learn, unless Il be the rig bit to H. ht the United
states Whenever the Please No man can read
me sec ssh journals or the speeches Of secession
denagogues, that infest the State of Virginia,
without coming to this conclusion Are sncR
men al Of them 70 be az re- bells md traitors
ntakeG In battle, and PunisJed with the halter ?
HIVE they been so treated, No, sir Such a
crnel ard bloody policy, Mr. C declared boldly.
would shock and outrage christendom, and cast
an iDdeiibie stigma upon great and generous
Government he second class Is composed of
traitors, who ceased to love their country when
they lost the opportunity to rob the treasury and
who have heen forced To seek a new as!d Of
plunder IL they are b-lligerenis nov, and en-
titled to the rights Of elligerents they deserve tine
halter for unDu .bered acts Of treason committed
before this rebellion eliminated In civil war .
Thse are the f,ots What Is the law, MIC
referred the Court to Vattel's Law of Nations. o
iA, AZ 20 the definition Of civil war Bytreacberv
this great country has been divided into two op.
posite factions, and both sides have taken up
arms Ii Is not a war between the srctions. INIT
the country, who are d-termiued to preserve our
present forn OF Government in It's intsgr IL Ii
costs the blood and treasure of every man. In the
naiiOn-the other, by men who are bent upon its
destruction The former love the work Of their
fathers and are determined 70 preserve IT, and 70
transmit IL unimpaired TO pOsterity; the latter
bent upon the fatal experiment Of removing our
ancient landmarks and forming Ethiopian gov
eminent OF their Own conception. Re maintained
that II the Executive violates the law of nations,
the Judiciary has no ROVER to declare that act
void. All questions arising under the law Of ma
uOns must be determined by the Executive; and
II he drnes the law OF nations he Is amenabl TO
the tribunal Of nations.
This Is the law, and 10 founded In reasons Of
public policy IL the Executive is res Donsi bic TO
every judge in the land for his policy With foreign
nations, no government can be successfully ad-
minstered This principle WIS conceded by the
harmed proctor for the defendants, when be
arnrmed that IL had been decided by tue Supreme
Court; that IL belonged u tie Executive 10 de-
ternine In what relation the coun d tosvs rds
foreign Powers IL be 10 the sole Judge or the
re.ation in which we stand W. "a foreign Powers,
be must be the sole judge Of the manner In while
intercourse wi tn foreign Powers lie to be regu-
ID lax hal aen vio ted ia