Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-05-21
COnhscatiOn and Emancipation.

sloh' small feel that l have done something
toward establishing the truth. And now. if
you will kindly give me your attention. shall
try to open the question in such A wav as 70
exhibit clearly all the points in issue There
Is saying, often repeated by statesmen and
often recorded by publicists, which embodies
the direct object Of the war which we are now
unhapplly compelled to wage an object
sometimes avowed in European wars, and
more than once made watchword in our own
indemnity for the past and securi-
ty for the future" Such should be our COM
prehensive aim-nor more, nor less. With
out Indemnity for the past, this war will have
been waged at our cost Without security
| for the future, this war will have been waged
IN vain. TreasureNnd blood will have been
lavlshed in vain. But indemnity and security
are both means to an end: and that end is the
national unity and the constitution of the Uni
| ted States. 1t is not enough if we preserve
the constitution at the expense of the national
| unity. Nor is it enough if we enforce the
national unity at the expense of the constitu-
| ton. Both must be maintained. Both will
be maintained if we do not fail to take coun-
ell Of that prudent courage which is never so
much neededaS at moment like the present
| Two things we seek as means to an end: indem-
nifty for the past and security for the future
Two things we seek as the end itself; nation
| al unity under the constitution of the United
States Whatever may be the doubts of sena-
tors or their tine-spun constitutional theories,
nobody can question that we are in the midst
of de facto rebellion, and in the midst of
de tacto war. We are in the midst of each
and both. So far has the displacement of the
| national government prevailed, that, at this
moment, throughout this whole territory,
there are no tuncti0naries acting under the
United States, but all are pretending to act
under the newly-estabished usurpation. In
stead of the oath to support the constitution
OF the United States, required Of all officials
by the constitution, another oath has been
substituted, to support the constitution of the
cOntederacy; and thus the rebellion has as
sumed a completeness of organization under
the most solemn sanctions. In point Of fact,
throughout this territory, the national gov
eminent has been ouStod, while the old
state governments have ceased to exist,
hteeSS now from rebel hands. Call
it suicide, if you will, or suspend
ed animation, or allegiance, they have
none the less ceased to exist Such is the
plain and palpable fact. If all this be not re-
bellion, complete in triumphant treason, then
is rebellion nothing but name. The same
: persons now arrayed in war against the gov
, eminent Of the United States are unquestion-
, ably enemies, exposed to all the incidents of
, contiscatons, captures and prizes. They are
enemies, because their combination has as
sumed the port and proportions of war.
: | Therefore, sir, i'll determining our course we
may Danish all question of power. The pow
er is ample and indubitable, being regulated
in the one case by the constitution, and in the
; other case by the rights Of war. If we treat
) them as rebels then we are under the
straints Of the constitution. If we treat re-
rs enemies then we have all the latitude sane
toned by the rights Of war FIVE treat them
them as both then we combine our penalties
from the double sources. What is done
against them merely as criminals will natural
D ly be in conformity with the constitution; but
what Is done against them as enemies will
, have no limitation except the rights of war.
Mr.. Sumner, after establishing the exist
ence of the two sources of power, considered
LIST, the rights against criminals, founded on
sovereignty with their rights under the con-
stitution, and I'd, the rights against enemies,
founded on war, which are absolutely without
constitutional limitation. Under these heads
G he said =
c He should not be less sensitive than anv
: other senator with regard to any unconstitu-
tional proposition. Show him that any prop
osltl0n Is without support in the constitutions
or that II O1tendS against any oft safeguards
, and 1t could not receive his vote l. Con-
gress has no power over slavery in the states
butthis cannot interfere with taking slaves as
a penalty for crime. = There must be no
ca post tacto law. 8. No bill of attainder. 4.
NO person shall be deprived of life, liberty.
or property, without due process of law. ;
In all criminal proceedings the accused shall
ENJOY speedy and public trial by jury of state
and district where the crime was committed
b. NO attalndcr of treason shall work cor
ruptlon OF blood or forfeiture, except during
the lite OF the person attanted. Thus clearly
the United States may exercise all the rights
OF war, which according to international law
belong to Independent states. In offering this
proposition waive for the present all ques-
ton whether these rights are to be exercised
by congress or by the president 1t is suffi-
clent that every nation has in this rcspect
a perfect equality; nor can any rights
OF war accorded to other nations be denied to
the United States. Harsh and repulsive as
these rights unquestionably are, they are de-
rived from the oEer-ruling instructive law of
selt-detence, which is common to nations rs
TO individuals. Every community having the
form and character Of sovereignty has ripht
10 national life, and i'll defence of such life it
may put forth all its energies. Any other
principle would leave it to the wretched prev
you accord to it the rights of sovereignty if
you despoil it Of other rights without which
sovereignty cannot exist. Il think there
fore l am, was the sententious uttcrance by
winch the first of modern philosophers de-
monstrated personal existence. Il am.
therefore | have rights may be the
declaration of every sovereignty when
ITS existence is assaied. With regard to our
11ghtS dgalaSt eacmieS, according to the rights
OF war, he claimed for the United States all
acknowledged rights of war belong to indie
pendent states These rights were consd-
cred under the heads of (l.) Rights against
the enemys property within our territorial III
: rsdlcuon, and (2) against encmv's propertv
beyond our jurisdiction The case of Brown.
IN the supreme court of the United States. es
tabhsheS the power Of congress to confscate
: al enemy's property within our jurisdiction.
! ny the law OF nations all the public property
OF an enemy, land or money, is liable to sciz-
ure' while the property Of private citizens is
> exempted; but the reason of this exeuption
clearly Is, that in an international war the gov-
: ernment alone is responsible, fol, Byirate 1e,,-
sons are not free to choose whereas, in the
: present war every rebel has chosen his mart
ana has assumed all the responsibilities of
> making himself an enemy. The rebel cam
not clam any exemption. He is as much La
= PIE as the government in an international war.
IN ms lands as well as his personal property.
All these rights of war may be welded iv
congress, but it must be lchite lca1. is ,eudiuG
' when war is over then will come the titnn far