Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1862-05-15

Whatever we deem necessary IN the exercise
of al honest and sound discretion, as q means
of preserving national existence, that we have
the authority of reason aud of law to do. This
doctriue is clearly recognized in the late spe-
cial message of the President to Congress re-
commencing national aid to the libersting z
border States. Ii is sound law, aud has both
reason aud authority in its support. Slavery
is not only the cause, but one Of the great sup
ports OF the rebellion. Slaves do much Of the
work of the rebel army--throw up the intrench-
meHts and build the Notifications OF the enemy
Their labor, in large degree, furnishes the
means of support to the armies employed
against Us, aud gives to the Confederate States
the little credit they have either at home or
abroad. Yet slavery is the one thing we must
not disturb. We must not directly attack it,
even though the nation petiSh through our for
bearance TO no other interest do We accord
this exemption from the dangers and necesSl.
ties OF war.
Mr.. President come now 10 coasder the
bill as an act OF conliscaton, Here its pro
visions are not as broad and sweeping as It's
opponents represent. II is not u general act
OF coufscatou against the property OF all re-
beIs, but against the property OF such only as
shall be beyond the reach OF judicial process.
The bill Is based on the principle that If the
rebel eau be arrested and punishment Inflicted
upon hIm through the courts, Lis DroPert! is not
muiesled. But it he abandon bis property, aud
flee The country, or be within territory where
The rebellion has OVERRIDE the authority OF the
United States. the bill proposes, after coaden-
nation in court, or hy military commlss ouers
MI h., NO la bt.li n Ia. auI sell
his properly. placing lis proceeds iu the ue.
tiouai Treasury. favor the amendment
adopted on Tnursdar last, of the SeuatOr from
Ohio, ( Mr.. oherlnuu) | desire 10 reach only
tie property Of the leaders OF the rebellion
10 tue muses. o. the southern people, who have
been grossly deceived, would graut an an
esly, tuII and free pardon.
TuFee grounds Ot objection are made TO this
bill. Il Is claimed 10 be in conjragenuon Of
Lh5 law of uIJIuuS yl0.atlye OF the COnstItu
tlou of the United States and that ltS pas
sage would be most impOhtic, driving our cue
mics 10 desp ration, aud sowing the seeds Of
bitter euB.ly tor generations to come.
/ will consider, briuy, The objections pre-
seuted The SeuaJor iron NJ ssouFj, Mr..
Henderson; iabo5ed earuediy to make good
the first gFOuad Of objection. he cited author
IrIrs Of weight aud TrspectabIIty but upon
further examination be viii Iud, | think, the
Law settled agatnsI hiD, botn on general au
tbority aud 10y Ihe decision VI our Own courts
National law tests upon the law OF nature,
conventional iaw, Or treaties, aud upon gener.
al customs which, hy COmmOn consent, have
tae force ol law. NItioas are bUUHd by the
natu a. law, which Is called the necessary law
Of nations D. this | considered in speaking
OF emancipation under iLiS I'LL. l. is OF unit
VersaI obligation, binding al al times aud un
der all circumstances Conventional Law rests
upon conventions and treaties, and OF course
blnds those ua,iOnS Only that are parties 10
them. General customs or usage have the au
thorIty OF law only Uy the consent Ot GalIoHs,
aud each nation has the right 10 decide for it
self Uuder what circumstances aud u what
extent it will submit to q custom or usage -
This must of necessity be so. The right Is es
seuIlal to the freedom Of nations. NaItel says:
The natural society OF nations cannot slbsist il tie
rights each have received from nature not respected
None would willingly TeDoulce Its hoerty ; II would
rather break ot al with those thai should Gt-
tempt violate From this liberty and independence
il follows TIA! every nation 10 de what its conscience
demands O What u cannot do oi what 1t Is prop
improper Ue done. II all cases where nation
has the liberty ot Judging what ~ duty requires another
Cannot uoge l. any given action tor attempting tas
would b- al injury 70 the liberty Of nations"
As an independent memOer Of the comGon-
wealth Of nations, we alone determine when
aud bow far we will be bound by the custOna-
ry law Upon the hypothesis, then, that ghe
measure before Us is in conflict with interna-
tionul law, stall our right to enact 1t cannot be
questioned.
Should We pass this bill, what power will
aunul il within cur jurisdiction on the ground
that the law OF nations Is violated Ii nation
al law is lnvaded nations must come 10 It's sup
port Does anF Senator believe that the pas
sage of this bill would provoke towards Us the
hostility Of nations? Would the foreign
ministers resident here. protest on behalf Of
their respective Governments Sir, We know
they would not. aud for lae best Of reasons
the bill does Hos iDpiu-e Oh the national law.
So much o: the bill IS Is a measure Of emaaci
patton would be hailed with joy throughout the
civilized world. For this We would receive the
plauJIls instead OF the ceHSure OF nations.
| have thus far considered he case 90 the
hypothesis that. the till IS vi3lative Of national
laS, aud presented the ground that We are
bound TO obedience By ou- consent s,One Bu;
the Law is well settled in favor OF our right 10
seiza and coutscate the property of an alien
enemy il time Of war, AID who, at the time
Of se'zQre. IS engaged 10 peaceful commsrce.-
The case is greatly strengthened against re-
bel in arms The poiui was decided in oar
Supreme COart, 10 the case OF Blown rs TIE
United States. s Cranch, no. The points
raised for ADJUDICATION were:
/. May enemies property found on land at
the commencement Of ho,tilities be seizsd and
condemned? Aud
? Is an act Of Congress, aa:horizing such
seizure and condemnation, necessary or does
the right f0lloE q declaration OF Wari
The opinion OF the court was delivered By
Cbie; Justice Marshall. On tie frst point,