New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-02-26


rebellion the ins,gators of it, the VIZ
have set il on foot, will, l trust, be oro'en'
TO the halter and never be discharged uni. 20 M
are discharged by Petit Jury, who shall cay 'ney n
not guilty of treason. These are our rgn's as :;
these people, but night as against an ht 20
riobt II cop6ecaton. We have now the Hgn' 70
take the person and property OF the enemy quo We.
stroy il wholly if necessary. koo" 'na' a'' Wv,
I'M, n tbe modern usage Of civilized naione, to'ai
| dcstrnction does not follow. j know mat ID on.
modern times prisoners who are captured are ho' p.
N death or reduced 10 slavery, and property has nov
generally been confscsted; but the right
! 70 copiiscste property, real or personal,
! for there IL no distinction, Is undoubted.
Look st the condition Of things at Port Royal, where
an the inhabitants have lied, and left tie country
desoaie. j. II to remain unoccnpled, and "lIusi
ness or shall we treat il the European nations dd
the places on this continent, when the savages led
and leit the Territory unoccupieedf How does TIE
conduct OF the people at Port Royal der from thai
Of the Aboriginesi They leave everything TO waste
d1ning he country, and we may take pos esslo
Of that country and apporIon It out among tbe
citizens OF the Union; and this act OF conircaliOh ny
which We do this is not bill OF attainder. Some
have objected 10 the constitutional power 10 ass
this bill because they say IT Is bill OF atainde''
| Ii is not bill Of atLainder al all. ~ uoes
not corrupt the blood of d person; u operates
upon bis property. The Supreme Court has
expressly decided in the case of Brown agt Inc
United States thai Coogress has authority 10 pass
conGs alton bill And ii Congress bas the power 10
eonfscate the property Of 40 enemy, then an a.. o.
conf .cation MUS, be something different nom Dii'
of t,irder for the Contribution expressly declares
that no bill of sttainder shall be passed. hgan PIT
If Congress declares tue property OF q io9e'
lfo,ielted-decl,re lis real esta1e ioil.iou
want to know who is 20 controNert 'nh'
oues,ion1 II il is cODtended that, according 20
international law, Congress has no rl9nt 10 ooiis
cafe the real estate OF Rebel, ask who ID to IN
tsrnret international lawl There II no common
tribnnal 70 which all nations submit their questions.
International law is nothing more than UNIFORM
usage of civilized nations, and each one ht last
internrefs il for. himself RAINING the hazard u
is tue Of ringing upon himself the condemnation oi
o.her natiops ] suppose If "A nation should violate
vel.se,,ed principle OF international law, such az
violating the rights OF ambassador or OF posspor
II woad bring upon itself the condemnation OF other
nations. Bul 10 couhscale the property OF your
enemy ia not q violation OF the principles OF inerna-
tionai law. Suppose Russia, III these inieruInahie
ware going on between that country end Clrcatela,
should take the land Of the Crcasslans and apporlcn
/, on, among the MOBILES Of RussIs, would America
think Of Interfering and gelug TO whr win huitia
and if other nations would not interfere VINO would
interfere Can our Courts give different contIfuc-
ton "a international law from what Sovereign
Power gives il Certainly not. The Courts
are bound by International law as the Nation
establishes il. They cannot override an net OF Con-
gress be suHe in their opolOn II does not harmonic
With International law. They have no srch power.
The Supreme Court said, In tie case OF JobnsOn sS
Mcintosh 9th Curtis, 5l3, that conquest gives
title The Courts cannot deny. That l. settled by
udicial decision. II does not lie in the power u
Congress 10 settle international law. IL only IN
wolves question OF policy and eApedieney,
aud that, / think, is 30 manifest will regard
10 this bill that l need not stop TO dis'nst II.
The second section of tins bill forfea the claim Of
any persu 10 any person held 10 service or labor, u
the rerson 70 claiming has in any manner engaged
in this rebellion, sn1 makes The person owlng such
service forever aterwsrd free. take IL there can
be no doubt vi the power OF Congress to Pass TIM
law Congress has the power 10 raise armies and IL
nav dlaft soldiers. IL may take from NJ frenc
from Kentucky ,Nr. DAvis) his hired man, whom he
his bred al sIpulsied prlce 10 work upon b. farm
foT the neat year. Right III the middle Of the con-
tract in tie midst OF his harvest the Government oi
tie Unit ed States may draft that into It's ser-
vi O. What becomes Of the contract Can you
keep il Can the Courts decide that Won are eni-
tied 10 the services Of this man, aod tan the Court
give them No. Here comes he parsmo IN; author
iiy Of the United Slater aud akes this man, il IL 10
necessary 10 him for the defense Of the country
L. is question Of power, and the power 10 90 tins
cannot be cues Toned. Does the master mold his
slaye BIS any stronger tenure1 You cannOt draw
CONTRACT 20 strong by which one person shall give
his time and servi es to another that the paramount
sutboritv of the Government cannot ahroente that
con and take from your control thai persD, and
hiring him into the service OF the country JLir can
he done all in reference 10 your own ohild by the
we OF nearly every State IN tins Union, II parent
has control of his child till the age Of u years but
notwithstanding that if the public necessity require,
il the Government may take your ton at Is yoafs
age or even younger, from under your control, and
bling him into The Army oftbe United Siaics and q
tie battlefield, IN deicuse OF the honor and integrity
n the nation. And does the master hold bis savt
. hv any stronger tenure than this ! Why, the per
s6n and property and everything connected with
yonr enemy may he taken and condemned and de
r9yeA if Il he necessary for the preservsion OF the
, country and not only your enemy, hut you may
take the property OF your friends. J" G are taxing
The loyal men Of this country now 10 the furthesi
limit ia srppor, of this war and we may call upon
them personally 10 serve IN the army. While W.
can do all this, can 1t he pretended that cannot
control the negroes and the men who fight against
the Government l know this seems 10 have beer
the conrse pursued. / know that while loyal neI
have been suffering IN person and property, the prop
erty OF disloyalis,s has been untouched. know
q al while my people are 10 be taxed 10 support
this war we are not 70 touch the pfoperiy
Of Rebels 10 arms against the Government. Bu Il
~ said thft yOu canot enforce the laws al ,hete
Southern States now. True, We cannot till the
armies advance. and when they do advance, let us
ltske that property, and make II contribute toward
the expenses OF tbls war; and ave the property OF
oyal men; and let The men, who have iustgated the
w,r pay lie expense. i know there are various
folicies pursued by different commanders. Dne
commander Gen. alleck, lorbids all fugitive slaves
from coming within his lines. ! want it upon the
statute book that he snail not determine anything
bout fugitive slaves: and If he knew them 10 be ~
he should not surrender them, but shall treat them
persons ar they ire and make 10 distinction between
tncm and other perso.s whom he may meet, but
tat we may have uniform policy in
Tie country ard not have one portion endeavofng
10 ascertain whe her is free slave, and then
en- gage in surrenderng Lin up to HE supposed owner.
The third sectlOn makes provision for the negroes
who nay be liberated by the act. There is very
neat aversion in the West TO having anything Ia DO
with the negro at all. They MT want the free
negro TO come ia aud settle Illinois. This bill pro-