The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1862-01-25
Mr.. H1NCHAM ON THE CONTRA-
p. BAND QUESTION.

BAND QUESTION.
Mr.. BfNHuAM ~s oL;-p recentlr made Q
.pseun On the duties of Congress touching the
Rebellion, and particularly, g. 40 Slavery. The
following arc the concl-nng paragraphs, and
contain the gst Of als remarks
The duty 70 provide for tile "common de-
fense," AND to that end lay taxes, borrow and
Oon mosy, contract debts, raise armies and ma.
vies, and make laws for their government, ia
imsosed upon Congress; and therefore reason
declares and the Constitution provides that Con.
gress may pass laws necessary to the faithful dis
charge OF that duty. As there ia no express lin.
itation In the Constitution Of any legislation le
climate or needful 10 national defense, either
TO suppress instruction or repel invasion. it fol-
lows that Congress may in the premises author
lie to be done whatever in self defense scain.t
violence and war free and independent nations
may OF right do. What nations may rightfully
90 IN the prosecution of just war in defense
OF their rights, or In vindication Of their lawful
authority, 10 clearly defined in the laws of ma.
lions. and sudibly attested by the voice Of the
civilized world. II is the established law of na.
lions that NECESSITY 10 the measure of violence
IN war, and humanity its tempering spirit.
From oil this it must be apparent, that while
unnecessary or wanton cruelty to the public en-
envy Is forbidden by the law Of nations, Is well
also by tho Constitution; all else essential. how
ever destructive of their lives and property. IA
justt6abse--a right and duty. II these rebels
70 artns against the Constitutions and law. we're
oten, not citizen enemies, the Government of
the United States, by authority of Congress.
could visit upon them all these dread penalties
OF var, the destruction of their lives. and the
cocnscation OF their property 90 far as necessary
70 the vindication Of the nations rights. That
sncy are citizen enemies does not relieve them
from such penalties or in any wise mitigate their
9al. But what is forbidden by the Law of ma. |
uons towards alien enemies waging war seainst |
ID by the authority of their sovereign. Il en-. |
pressiy allowed BY the Constitution of our coun. |
try towards these rebels. Every one of them |
taken In the overt act Of rebellion. inasmuch a. |
ne 10 citizen Of the United States. and oves |
aiissiancs to the Government of the United
ntatee. may be treated a. . traitor. and. unon |
trial and conviction, may justly be subjected to
sne punishment prescribed by the statute upon
.scee euhty OF the crime Of treason, and be sub
lecteo 70 such other penalties for his rebelNon
q may b prescribed by Law. No State IN The
Union can legaxe treason, or absolve any Of its
citizens from bis allegiance to the Federal Gov.
eminent
The Government 10 invested with the riabt If
ss'i'dsienss and selcpreservation, and. TO that
enc, WIN the power to provide BY law for the
maintenance OF ito authority BY force against iii
sptraSaess however sanctioned BY State stat I
S SvAssssuSlOuos or state Ordinancna |
81 esoession. o'"'u'es
Such are the rights and powers Of the f,ov..,.
ment What areits duties, and esnec;.II. -.
= TIE duty In this hour Of national peril Of ths
Legislative department. Of the Government!- Ii
Aaniiestly. or; Is the duty Of Congress, Il is
our duty % Representatives. the people. to .
pass az laws necessary for the suppression Of i
me roelion. judging from some indications {
shich have seen, fear there are those Who
1eem legts!ation unnecessary, and sctive mill. .
~ operations unnecessary, to the suppression G
= sals ts0eIiion; who think that diplomacy and e