The national Republican., 1861-06-12

the rebellion which now exists in our coun-
try, the President must be governed either by
the law Of nations or by no law at all, and
have shown that the humsne cole Of nations
approves this exercise of Executive power for
the purpose Of suppressng civil strife, whether
you call 1t rebellion or civii war But it is said
that the President has no right 10 declare war.
Has he done so2 1t go, when, where, and
against whom2 War has been declared against
him and the country, and the Government Of
which he is the Chief Executive Magistrate, by
the representatives of bogus government, or.
ganized by band oflawless traitors, who rely,
Tor the execution Of their reasonable purposes,
upon brave. a generous, and impulsive peo.
pie, whom they bave deceived by system Of
fraud and Misrepresentation unprecedented iu
the annals Of history.
In regard to the Presidents power 10 sus.
pend the treaty between this country and the
Kingdom Of Great Britain, l answer, that trea-
ties are, in the nature Of things, subordinate to
civil strife and foreign war. When two nations
enter into treaty, there is an implied condi.
ton annexed, that it may be disturbed by for
eign war or civil strife. Two nations make a
treaty OF peace; war begins; the war is no vio
lation Of the treaty. We ore at war with Eng
land, Qet US suppose, for the sake Of illustrs.
tion,) aud at peace with France. Our COM
mercial relations with the latter Power may be
deranged by our hostilities with the former, but
it is no violation Of our treaty with France II
the President has the constitutional right to
establish blockade, and does so, the disturb.
snce Of our commercial relations with foreign
Powers follows as . necessary and inevitable
consequence, but it is no violation Of our tnes
ties with them.
His fourth proposition is, that the right of
blockade belongs exclusively to belligerents-
that is to say, parties engaged in war-and that
the Supreme Court has decided that the Execu
tive must determine whether war exists or not,
and our relations with foreign Powers that the
President does not recognise state Of war in
this country, but q state Of rebellion and that
the parties who are engaged in it are not bel.
oners of war. but as rebels who deserve the
halter. To this proposition, have two answers /:
First. say it makes no difference whether this
armed and organized opposition to the Federal
Government, which has assumed such formida.
BILE proportions, be called rebellion or civil war.
The President has the power, under the Con.
stitution and by the law Of nations, to block.
ade the ports Of the offending parties. But
again, is it true in point of fact that the Pres
ident has dealt with any of our deluded and
unhappy kinsmen- who have fallen into his
power as traitors and rebels? When and where
has he used the halter upon the misguided men
who have taken up arms against their country
and their Government? Ipoint with pride and
pleasure to General Lyon Of Missouri, who was
promoted by the Administration as much for his
clemency as for his gallantry-the noble patri.
otic proclamation Of General Mcclellan, of
Ohio-to the gallant Colonel Kelly, who com.
mands the union forces Of Western Virginia,
and who, with the magnanimity of a true hero
defended against his outraged and indignant
soldiery the man who sought his life. But why
should | 60 beyond the limits Of Washington
city2 invite attention to the conduct Of Cen
eral Mansfield. The armed opponents ofthe Gov
been treated, not as rebels, but as prisoners o
war, and have been released upon their taking
the oath of allegiance to the Federal Govern
ment. The friends and representatives of the
Administration have been kind, generous, and
forbearing-they have demonstrated to the
world, If the world will take the time to consid
er the evidence, that their object is not to sub
jugate the South, but to free them from horde Of
petty tyrants who were satisfied with our pres
ent form Of government 30 long as they were
permitted to rob the public Treasury. But nc
sooner are they discovered by an honest and in
dignant people, and ordered home with shame
and dishonor, than they become the enemies Of
their country, and the promoters of treason and
rebellion.
shall now proceed to show, first, that this
blockade became effective on the Both of April
last second that the master ofthe libelled vessel
had notice, both actual and constructive; third,
that the master of the vessel violated the block.
ade by egress from the port Of Richmond and
ingress into the port Of Norfolk fourth, that
the judgment of this court. Mr.. Darlington
then proceeded at great length to discuss these
points, reviewing the evidence and illustrating
the law, referring to number of authorities
to sustain his position.