Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-05-21

event We must recognize them a. belig ereuts and
public enemies while the war lasts, aud deal with
then, during that time according to the laws Of
war a a~certsined and settled bv the Ian Of ma
tons. with tive right unimwired. When the rebel
lion shall be crushed. to resume authority over
them citizens. and grant amnesty for past
ofenses, or punish them Tor treason. 10 accord
with the Constitution and laws Ia such case
provided; or,
Second, a. insurgent citizens. entitled 10 no
beiiigerent rights, but subject 60 be indicted
tIied, convicted and executed a. traitors a. soon
and a fast n captured Very maniiesily We cant
net adopt this latter course The rebellion stoO
Formidable too huge IN lis proportions 10 admit
Of H. II adopted IL would soon degenerate into
the indiscriminate slaughter on both sides of all
who we're 30 unfortunate as to be capiuIei IS
pr;soners. IL would become a war of exterrnina-
ton. bsrbarou-. -Hnguinary and relentless for
contemplation. he other nations OF the world
would not stand by idle spectators Of the murder
Gus strife. but. by common consent. would inter
pose TO put an end to proceeding 40 dissrAceful
TO humanity, civilization and Christianity. Such
extreme measures would defeat their own ends
and aims There j., then but one course open
to u, and that Is. as long the var continues 10
regard them n belligerents and public enemies.
entitled to be dealt with according to the laws Of
war as sett'edby the law OF nations.
This my colleague admits. He SAYS.
When a rebellion becomes so formidable a.
u be able 20 muster armies OF hundreds Of
thousands of men, aud maintain itself in arms
against the forces of the oVerHment tor almost
ayear, il surely has attainei a magnitude en-
titling IL TO be csilel civil war and information
al law writers agree that the common laws OF
war are TO be observed in a civil war ia the
same manner a. ia a war between independent
States.
THE RIGHTS or THE REBELS As BELLIGERENTs IN
DIR THE LAWS OF WAR.
Upon this. then, We all agree. that we must &C
cord To the rebels while the war lasts the charsc
ter Of belligerents. and that, under the laws OF
war. We can do TO and with them Just what we
could do To and with the citizens OF Canada il
we were at war with Great Britain. and nothing
more. Aud what would that be- Why. Just
what the laws. settled and established by the
law of nations. would permit k II in blttle cap
tune those in arms and hold them ~ prisoners OF
war. AMI capture and contscate all their mum
tons OF war. and al their property OF every kind
and character which hil any relation u the end
OF the war. and by the capture and conl~caton
OF which nc would either streng then ourselves or
weaken them Aud this would he done ty the
Generals la the field. acting by the ORDER OF the
President. And Il COngfcs, should attempt to
pass 4 law authorizing and directing the army 10
DO any thing % either person or property not war
ranted by the law ol nations, that act OF Con
liess would be null and VOID. 1t would be no
law. The law of nations. and not municipal
Laws, Tx and regulate be.ilereEt rights. and 4
law OF Congress can neither mike modify "A
law OF nations and II the act OF Congress should
conform TO the law OF nations, then II would be
only declHratOrv, tut it would give no additional
force efficacy To the pre-exlstng law
Now, SIR u We were at VAR with G,eit Britain
the pts se OF law by to coutiscate The prop
e'ty OF the citizens OF Ciuadn to the same extent
and ia the manner that this bill propose to
cOnisctte the property O the cltzenS oi the rebel
States would bring upon Us the ridIcule OF the
world; and II we executed the law rs II could only
be executed. by mlrching army into the enc
my country. and 10y the strong hand ct war.
roDbing and plunderins ali the pcole, ia the Ian
guage OF the bill 1T all 'the property, real ami
personal OF every kinl whatsoever. aud wheseso-
ever situated" Ind re lucins them 70 AFFECT pov
erty 10 the plnchings OF want, 10 the horrors of
ianlne, We would bring upon OGrsel, e, the de
served exec ratio - OF mankind. Could we do il ,
Will any one contend that We would have the
power To do III And would our own people con
sent To such all act OF barbarism 1T had the
power
Aud now, sir | respectfully ask of my col
league AMI all other Senators who support this
bill. whether, ii We regard the rebels as belliger
cuts and public enemies, not bound u Zeal
with them under the Laws OF nations as long iS
the WIZ continues precisely we would he bound
TO deal with a foreign nation with which ", mi ght
be al war; and further. whether, II We were 1T
war with foreign nation, We could pass such
bill this in regard to its people. aud whether
We would have any right 10 execute il upon them
even il we did pass it? A correct answer to these
inquiries will dispose OF the questions before u.
provided We recognize the rebels as belligerents
aud public enemies
But five do not recognize them as belligerents
and pubic enemies. then the law ct nations will
have no application. but we will be obliged To
treat them a. InsuIgent citizens. amt deal with
them under the Constitution aud municipal laws
made To carry into effect the provisions OF the
Constitution Aud what in thtt event would be
the course OF proceelngr What in that event
would We have power 10 do in respect To the COLI
hscatOn OF their property! i they were sh0t
down the battle held, nothing; there would
be an end OF h, II they were captured alive.
they would be subject u immediate trial and pan
iShnIent tor treason without waiting Tor the end
OF the war, according 10 the provisions OF the
Constitution and laws IN that regard, and in no
other way, and 10 no greater extent And what
would thAt punishment beY The second clause
OF the ,hird section OF the third article OF the
Constitution declares;
"The Congress shall have power to declare
the punishment OF treason. but no attimder
OF treason shall work corruption OF blood. or
forfeiture. except during the lite OF the person
attaiuted.
The law declares that the punishment OF the
person shall be death Forfeiture ot property
my be suspended but the instant the sentence
OF the law i executed upon the person it j.
RENTED against the property. which desrend>
To tie heir precisely ~ 10 tie ancestor hld
never committed treason ~ all nus. when
you treat the rebel Is 4 citizen and ndict t,v
II ..if
or conh>cle las property absolutely. The Con
stituton iorbd- But tins oil attempts, to do
that very th.ng-to forfeit the prooe,ty and all
tie property, both real aud personal. OF every
kind and character. and wherever situated. and
that forever
THE PROPOSED LAW a BILL or ATlAINDLR.
But il l. said this i not bll of attliuder. aud
Is not therefore. obnoxious u the cons ,itutaud
objection which has been urged | AN not -
tdIou> about names | AN al the substance oi
the thing Call IL What YOU will. 1t Il bili 10
forfeit. absolutely and iore, e.. property for trea
son, o. punish citizens tor treason by the forfeit
IRE OF their property IN perpetutty. Now suppose
tins i not a bill OF tindeg Is the dilii cuty cot
over bs the admi--iaul Surely not The Con
stitutiDn not only declares that mo bill OF At
tlnder shall be passed, but also that emo al
tiluder Of reason shall work corruption of blood
or fOrie!taFe except during the lite of the person
atttnied Anl lt matters NOT whether the tre,.
SON j. ascerttnel 10y Indictment triai and ,ouNc-
ton before the judicial tribunals Of whether it =