The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1862-04-26

straignt pain OF sworn duty. what Is writ Is
writ In seeking to change it by force of arms,
| we become the rebels we are striving to subdue
The people do not desire bitter and remorse-
less struggle over the dead body of the consti-
tuition. We may raise armies and navies and
pour out like water the treasure and life blood Of
people, but we can neither think nor act wise
ly, live well or do well for the republic, unless
we keep clearly and always in view the end of
all our labors and sacrifices, the Union of our
fathers and the constitution, which is its only
bond. No thoughtful man can believe there is
apossibilty of freconstructing the Union on any
other basis, or that it is within the province of
Congress in any other but the peaceful way of
amendment to made the effort The PROPOSE
tions for confscation include the entire proper
| ty of the rebels, real and personal for life and
in fee. The mind instinctively shrinks from
proposition like this. 1t relucts to include in
one ''fell swoop" whole people. 1t asks anx-
| iously if no consideration is to be had for diff
ferent degrees of guilt; if the same measure is
to be meted to those who organized the rebell-
ion and those who have been forced into it; if
no consideration is to be given to the fact that
allegiance and protection are reciprocal duties
| ana that for the past ten months the national
government has found itself incapable
OF giving protection to its loyal subjects in the
sseceding States,'' neither defending them nor
| that, deprived of our protection and incapable
| of resistance, they have yielded only to supe-
| rior force; if a wise government is TO forget
the nature of man and the influences Of birth,
| OF soil, of home, of society, and of State by
| which his opinions insensibly moulded,
| and that this pestilent heresy of the right of
secession, fatal as it is now seen to be- not
only to the existence of good government but
of social order itself has been cardinal arti-
Gle in the faith of large portion of the peo-
pie in the Southern States, and that they have
been induced by the arts and sophistries, and
falsehoods of unprincipled leaders to believe
that their future safety and well being requir-
ed the exercise of the right? Those leaders
should atone for the crime by the just penalty
OF the law. "But you cannot" says Burke,
'.indct whole people; you cannot
apply to them the ordinary rules of criminal
jurisprudence To state the proposition to
| confscate the property of eleven States is to
confute it; is to shock our common sense and
sense of justice; is to forget not only the ties
of history and of kindred, but those of q COM
mon humanity; is to excite the indignation of
the civilized world, and invoke the interposi-
tion of all Christian governments. The acts
OF general confscation proposed would defeat
the great end the government has in view; the
restoration of order union and obedience to
law. Apart from the injustice and impolicy
OF these acts of sweeping confiscation, l have
not been able to find in the constitution the
requisite authority to pass them.
After some further remarks, at length, on
confiscation, he proceeded to inquire how far,
If at all, the powers of Congress are enlarged
by the existence of this rebellion, and the use
of the appliances of war to subdue it. The
exceptions growing out of the military exigen-
cies, and measured and governed by them, can
mr. ha Il I~.1r e. = n
butt must be left, where the law of nations leaves
them, with the military commander. 1t is in
the exercise of irresponsible power that the
incest sense of justice and the greatest caution
| and forbearance are demanded. In suppress
sing rebellion so atrocious, marked by such
Jury and hate, against government felt only
| IN its blessings, forbearance sometimes seems
to us weakness, and vengeance the noblest Of
virtues. But, in our calmer moments, we hear
the Divine voice, vengeance is mine: will
repay" conclude what have to say on this
branch of the subject with the remark that, in
substance and effect, the bills before the House
seek the permanent forfeiture and confscation
of property, real and personal without the
trial of the offender. l am unable to see how,
under the constitution, that result can be reach
ed. proceed to the question of the deepest
interest involved in this discussion-the eInan-
cipation Of slaves in the seeding States. This
plainly Is not question of present military
necessity, but one affecting the permanent
structure Of the government, and involving
material changes in the constitution. This
| can be done in one Of two ways-in the method
the constitution points out, or by successful
| revolution on the part of the free States and
the entire subjugation of the slave States. No
man can fcrsee day what policy a severe and
protracted struggle may render necessary. 1t
IN cotrt thaf ,r,ta
| quest and determination the people of the
United States have no present disposition to
enter. They have too thorough conviction
| of the capacity of the Government to subdue
| the rebellion by the means the constitution
| sanctions to be desirous of looking beyond its
pale. But the question arises, how far the ex-
| istence OF the rebellion confsrs upon Congress
any new power over the relation of master and
| slave. Strictly speaking no new power is con-
ferred upon any department Of the Government
by war or rebellion; but it may have powers to
be used in those exigencies which are dormant
IN time Of peace. Though the power may ex-
lst, there Is, with prudent and humane men, no
desire to use it. Nothing but the direst ex-
tremity would excuse the use of power fraurht
with SO great perils to both races; and the glo-
rious triumphs of our arms, evincing our capa-
city to subdue the rebellion without departure
from the usages of civilized warfare, indefinite
~ postponed the question. Nor would an act
OF the national government liberating the
slaves within State, having the consent of the
State, and providing compensation for the mas
ters, initiate with the rule. Conpe.tio rincit
tegea The consent of the State would relieve
the difficulty In my Judgment, il would be
impracticsble for the legislature, even if it had
the power, TO anticipate by any general statute
the exigencies or prescribe the rules for the
1 n nf htc he
the people will be content to leave the matter
to the sound discretion and sound patriotism of
the magistrate selected to execute the laws
10 avoid misconstruction, desire to saw that
the power OF Congress over slavery in this Dis
trict is absolute and that no limitation ex;sts
In the letter q spirit of the constitution or tho
acts Of cession. All that is requisite for ahoI-
ishing slavery here, is just compensation 10
the master. Whoever else may falter. / mpst
stand by the constitution have sworn TO sun.
pors am not wise enough to build better.
l am not rash enough to experiment upon n
nations life. There is, to me, no hope of Zone
country but in this system of many States
ana one nation, working in their respective
spheres as II the Divine hand had moulded and
set them In motion. To this system the intev-
rity OF the States is as essential as that of the
central power. Their life is one life. con.
solidated government for this vast country
would be essentially despotic government
democratic in name but kept buoyant by cor
ruption and efficient by the sword.
u Hon. James Harlan passed through this
Guy Aonday evening, on his way to his home
IN M Pleasant Mrs. Harlan and Mrs. Fale,
nave gone to the Pittsburgh battle field to rem
der assistance to the wounded They will take
charge OF any articles which may be sen, for tho
use of the Hospitals.
q Lieut.. Warner, Of the 7sh Iowa, wss in
tne city Yesterday on his way to rejoin his resi
ment, after an illness brought on by expo,ur.
at Fort Donelson. This regiment, which b.,
been greatly reduced BY losses in battle apt
sickness, sustained Its reputation a. Pittsburp !,
the great battle. IL is not now able to muste