The New York herald., 1862-04-26


ruption of blood or forfeiture except du'iay J
the life of the person attainted." T'rs pro
positions now before Congress would boggar a
whob people, including the women and chill
dren. Mr.. Collamer denies the right of Con-
gross to ride over those prohibitions Of the
constitution and TO usurp the power Of the go
vernment He reminds his party that they
pledged themselves not to interfere with sla-
very in the States. The course proposed he
held to DO breach Of plighted faith as well as
an indirect violation Of certain provisions of
the constitution Even If Congress had the
constitutional power to infict this punishment,
and If the execution Of suoh penal law were
practicable. the injustice Of it would be EVIL
dent from the fact that, while the rebels es-
tablishsd de fdcto government over the South
ern population, the federal government were
unable to render tho people any protection, and
consequently forfeited their right to punish
them for obedience to the usurpation.
The duty Of protection and allegiance ara
reciprocal. Consequently only the leaders
in tho rebellion are justly liable to forfeiture Of
their property. Well does Mr.. Collamer OBJ
serve that 1t is beyond his comprehension how
the road to peace runs through any suoh avenue
as general oonascation and we'll, too does he
expose the inconsistency of claiming this as
war right against bslligerents while We refuse
to recognize them Is such. Martial law does
not give tho. right; for that only operates
within military lines, and is temporary in its na-
ture. II Is not within the province Of Con-
gress. It belongs exclusively to the Executive
and the generals of the army 1t can only
have effect In the States actually in insurrection'
and in such parts of them as are under the 90
cupation Of our troops. There can be no
martial law in the loyal States and when the
States now insurgent again become loyal and
return to their allegiance, martial law will
cease to operate and the constitution and the
OWL law will be supreme. Let Congress,
therefore, instead of wasting its time in u,.
profitable discussions about the negro and in
personal alterations, leave the conduct of the
war TO the Executive and the generals, and
hasten the Tax bill. by which alone the war can
be eventually sustained and the credit Of the
saved from disastrous collapse.
NEWSPAPER ATTACKS oNSEcRETARY STANTON
The Secretary at War is being sharply pitched
into by the newspapers for his conduct In
with the censorship Of the press.
1t is worthy of note that the journals that thus
assal him are the organs of the party with
whom he has been lately accused Of coquetting.
For ourselves we have no complaint to make
against Mr.. Stanton. Although his course in
regard to the press has been marked by some
eccentrioities, more especially in the high
flown bulletins in which he has issued his
orders, we are not disposed to quarrel with
them. Due allowance should be made for the
unusual and critical character of the ciroum-
stances that called them forth, and for the
absence on the part of the government and
the public journals Of q proper understanding
as to their respective duties towards each
other in the altered condition of the country.
These mistakes such as they were, have in no
way affected the HERALD. Secretary Stanton
has not sought to interfere with US, for
the simple reason that we knew too well
our duty "a the conductor Of patriotic
journal, and had too well instructed our
correspondents and agents, to afford him an
opportunity Of doing 80. It is true that in
ono instance correspondent Of ours fur
nished the subject of one of these bulletins;
but that was not through our fault, but through
that of the War Department in sntrusting him
with more than he ought to have known, or than
we ourselves would have cared to copfde to
him. His indiscretions would, however, have
been amply punished by his being turned out
Of doors, or by his being left to us to deal
with; for he was not Southernsr by birth, was
certainly neither a spy nor traitor, and con-
sequently did not merit so severe o punishment
as incarceration in government fort. All these
complaints about the censorship, however, are
now without q basis; for it is at present in
the hands Of the military supervisor Of tele.
graphs, who appears to understand the exact
limits of his duties, and has made arrangements
that ought to prove satisfactory to the press.
Whether they will content our republican con-
temporaries is, however, another question.
They seem to be disposed to treat Secretary
Stanton with as much asperity as they do poor
Secretary Welles, who is an amiable, good ma
tured sort of man, although, as every one acknow-
lodges, utterly incompetent for his present po-
sition. Notwithstanding the difference in their
capacities, the measure Of hostility against them
seems to be about the same. In fact, were it
not for Wendell Phillips and the HERALD, Secre-
tary Stanton would be without defender.
>nOPERArIoys OF SPAIN IN HAYTL--t appears
from regent intelligence that spain having
seized the republic Of Dominica, is now pro-
ceeding to annex tho republic Of Hayt, under
pretence Of dispute about the boundary, and