Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1862-05-02

itahs 10 the individuals who owned IL before, and tn
nation acquires no title 10 It by conquest Here an At
tempt get possession of all that property Of individual
who have been concerned in this rebellion. And how
Is bclgerent According TO the law Of nations nol
Igcrent does not get IT, know that the Constitution
provides that Congress may issue letters VI marquc an,
repsa and make regulations 10 relation to the capture
or ozures by sea and land That looks TO a state o
war, undoubtedly. What Is seizure or capture wha
Is the meaning Of the term Something that you take
make pr1c o. carry away. Can you carry away IT.
9tms OF an enemy Are they the subject Of capture =
But. Mr.. President when after war with another
nauon you make peace with IL, all matters are ended
depending ON the fn N your articles Of nearo II ma,
be tho status ante bcg Il may be Ui possees depend
ing ga nc terms n your treaty but all matters then
taken military possession Of the county not pun
sh the men who have been la rebellion can we not rem
der % legitimate 90 hang them Certainly Could We
o." so WIN enemies with whom you have made war and
peace No but in such when peace was decar.
ed, The past would be- wiped out.
Again, 10 treat with them and treat about them as be-
ing uchgercns, is to acknowledge them far as this
War s concerned, as cucqual power. We have com.
planned that any foreign nation Acknowledged and rccog
uited them As in state Of bcligetcncy We thought il
was pretty hard usage 20 do not 10 in that light
exactly but At any rate especially after what has been
sul to the other nations OF the world hy uctouary
anu correspondent OF the state Department, IL i be-
COMES us 10 take measures founded on the ground that
ihey gre coequals and lclhguents, aud that we may
make laws accordingly This cgislatiug Tor that people
bound by the laws that we here mae and At the same
time tgsatug for them enemies and ueligeronts not
puma by me laws we make is % my mind utterly ncon-
make any further remarks IN relation what might BY
possibility be done by YES as behgorents.
Mf PRESIDENT am fully aware that in a time Of war,
or 200 TINE ot rebellion As this is % clearly cou-
tcmplttod or implied if.1e Constitution that pretty
large amount Of exeMVrpowcr would have To be put in
exercise i've always considered that that provision
OF to Cousttu ion which declares that thc PRIVILEGE nf
the wit " habefg toypus shall not be suspended unless
"hen in cases Of rebellion or invasion the public safety
may require a. implies that, iu state of rebellion and
OF INVASION even that sacred writ may De suspended
would have to be suspended and the moment it is
pended large latitude of executive power must neces
s'il oe pui ia exercise t was contemplated that il
would Dee, do not stop here TO consider whether
that suspension VI the h1beds corpus should be hy logs-
htive or by executive act All have to say up6u that
tive t1 suspend he h5c0S co nus hc would have 90 cx
ercise precisely c power which be has exercised When
how Tor what class Of cases It should hc suspcudcd
would OF COURSE boa our statute be ct On the Executive
we never could anticipate all conditions VI things that
might arise The form NJ statute that could have any
practical effect would bring you precisely the cOnd
uou VI things that now exists
So too 10 the prosecution Of the war am aware that
when thc President calls out the militia % suppress in
sureciion aud uses The Army according GO law Tor that
purpose u implies force, IL implies that everything shall
be done which is necessary 90 the end as mill
tay necessity but insist that the Executive his gem
eia' 'he military power are the sole judges Of what is
military necessity. IL is not possible that we can by
legislation provide Tor the prosecution Of the war ia ali
respects ANA enect the laws hy which il shah 10 all
cases be- governed War in its most modified form
as In great measure the law OF retaliation You do
what is necessary the enemys acts YOU retai,te
on im, and 90 sometimes 20 great extremity LAYING
waste his country spe ding il utter desoation Ii
may be military necessity to do that but to undertake
10 sit here and make laws directing the Executive and
the generals as TO what they may, and what they may
NOT. consider, as military necessities is utterly idle be
cause they are constantly changing with the changing
ccum-tauccs and As have before said another oc.
casou when you undertake make the laws 10 REGULATE
what they may d. you necessarily imply that they must
not do anything but what You have regulated Ii was
SAID hy The uDrAblc Senator from Ohio. MIR sum
MAS yesterday that the Executive through hi. officers
may axe ships ana burn them. Did we make any Jaw
'r matt NO DO we complain Of MS being done wrong
ully No II did not need any law then 20 do H. IL
does not need any law to stop IT, 1t said that this con-
1scatton IS military proceeding military necessity -
II it isl do not decide that poiu-ye know where In
%, we know who is decide whether it is or is not: and
V We do anything that takes away from the Executive
and bus generals the deciding upon what military ne
'essity we ususp their rights, usurp their powers
MI President, the legislation which called for at the
'auds of legislative bodies depends ia great measure
lpoh the eNgenccs Of crcum stances and ought to be
uHtesSed To them, htied TO them. The old law Of the
mischief and the remedy lawyers well understand We
hNud uok 90 what Is the present law, aud what is
ptdcd and what shape the law should take [, effect me
lesfed end When the Executive through its generals
ma iis armies shal have put down the armed rebellion
ANA hohns o great Importance can be done here un-
il that is cHected-what Is wanted what is needed .
Notnlhg can now be offered by the President these
eoplc bui that If they will return 20 their allegiance
na ne noedieut theT shall not be hanged. We ali per-
c] wen knqw ieaA the idea Of hanging hundred thou
aud men. or ten 6iu,and mth. or anything Of that
ma Is ldlc. Nobody apptchends IL nobody has any
Ears II it, and trust nobody has any homes Of Then
ial VIII NOT enable the President hold out any in
ueemln at al because they have apprchensions on
iat subject All reheons that are uusuccessful thar
r. suppressed among any civilized people, end in bill
amnesty hom Muich some are reserved and excepted
70 puushm nt lie great body Of the peope arc nar-
onld Itecollect among civilized people Of but one
'peoh mat was ever attempted 10 he treated iu any
Their way, aud that was the Monmouth rebellion under
be Duke of Monmouth, To- England in the time Of
'mes ll-avey foolish rebellion, and one which was
'adiIy suppressed.
King James sent Jcatcys and he hung two hundred
nu "lu people including iemniesi II was called JEFF
y western campaign. Though the people Of Eng .
WA oi'hkcd me man for his bgotry, they dsked that
'ncllon' but when that experiment was tried on the
tul'h people, when 1t shocked the humanity OF the .
utsh matt Iu IL produced the elimination of the public
l'Bu'i with that same James H. and ia less than six
loHhs from that time Jccys was ia the Tower and his
'a'ier "as fleeing from me throne Of England That
as an attempt 10 deal In another way with rebellion
t,'@ 20 no s"gA results IN This county know our
eppie are exceedingly cXa'pcrated and participate in
'A' laelnk myself as an individual. But rcven e. ex-
Spti tu"h' feelings " vengeance should not be enter
Nned by nations nor by bodies representing nations
'eocs must be treated with severity % extremity;
roper number Ut those who are needed for exanpe fr
IS wholesome influence afterwards should be Bronebt
oondisa puuishmenti but the great mass must have
al but one law which related the subject in any way
-the law OF l193-which provided that the President
case OF an nsuuection, should issue his proclamation
Htcung the nsnrgent, 70 dsperse by a certain day
ma calling out the militia 10 suppress that nsurrecton
nd 10 enilrce he laws. Probably that was as much
was needed for the Pennsy lyania whisky iusurrecon
" when the law vas made. II not severe affair
ny way. At any rate, the law answered its purpose
acre when we assembled here last summer the Pres
lent mad ordered the dispersion Of the rebels but they
al not dispersed. lie had called out the militia and
ley were here The Circumstances which had trans
reo required more legislation. That already provided
"a Ocen so lar executed but il did answer the nu
ose We then proceeded TO pass a law which among
her things, contains section declaring that Whenever
usnecuou shall exists In any State claiming TO ACT
nder the au hOTty Of the State and those exereisin
minority IN the state do not disclam il and do not sun.
ess H. IN such cases the President authorized to IS
ne ms proclamation declaring the people Of those States
parts Of states which in that condition in state
msurrecuon, and that thereupon all intercourse with
lem shall cease and prize be made Of all who attemnt
lefcourse TO and from them That is the law under
mon we nave acted, and under which are acting and
naef when prizes are made Nov, seems that does
lt entirely answer It does effect its purpose Our
Wl's' 100 increased as they are, valiant and bold as
'ey are "armies with banners" splendid and brave
ave not answered the purpose yet. | venture 10 saw
'lugh II was sad before on occasion when II was
d very acceptable ~Uur people, that II five hundred
iousand men will not do, a million Of men must IL ,
us be put down because II fail in suppressing the
me9 rebellion the Government is failure; we cannot
isi"ln tue integrity OF our nation That being done
we come to treat Of the subject Of which we are now
lslns' Whtl pextf Legislation is needed | have !
ia mat what Is needed is in the first place some law
put INTO the hands Of the Executive the means of Off
mig some iuduccmcnt TO those people after he shall
ave possession Of their country, to come back to their
leBahoe, duty, and loyalty-some iuterest some mo 4
We some purpose, some mode Of relieving them from
'me iahhy under which they aud which they fear
ttnliB winch they believe we put into execution
hy nave no belief in our putting into execution the
ea o hanging two, three, four hundred thousand Of
rem II must be something which they believe is /
Is'uoane capable Of being executed and from which
icy nave approximations That is what Is needed