New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-11-28

sct.e and eonfscatc all The property Of The enemy
nm lind and on the sea, including real as ,ceN as
personal estate" He explains title by capture,
the use of prize courts &c. and demonstrates
that many of the civil rights and procedures guar
antced to citizens by the Constitution in time Of
peace, are required by the same Constitution to be
suspended in time Of rar.
Thus the provisions of the Constitution, that the
right to the writ of habeas corpus shall not be sus-
pended except when, in time of rebellion or inva-
sion, public safety requires it,-that no man shall
be deprived of life, liberty, or property without
due process Of aw,--that private property shall
not be taken for public use without just compen-
satiou, that unreasonable searches and seizures
shall not be made, freedom of speech and oil
the Press shall not be abridged and the right OF
the people TO bear arms shall not be infringed
these and similar guarantees of the Constitution,
sacred in time OF peace, are suspended during
war, and are incompatible with the due exercise
Of the war powers granted to the President; and
that these rights are required by the Constitution
to gire ,cGy when war renders the enjoyment OF
them dangerous TO or Incompatible with public
safety.
The author further maintains that none OF
those rights guaranteed TO peaceful citizens by
the Constitution, belong to them after they have
become 1eligerents against their own Govern
ment." He also shows that there is nothing in
the Constitution which interieres with the bel-
gerent rights of cOniscaton of the enemys prop
erty; and cites cases from the Supreme Court and
other authorities in support of this doctrine. He
proceeds to explain the right to establish military
government over districts which may have been
conquered and heidi ard justifos the admins
tration of martial law BY Aad-ew johnson 10 Ten
nessee, and by Mr.. Stanly i North Carolina.
The severe rule of bellilers aw is next stated
which "preSumcS that the ,erty Of persons re-
siding in the onemy's country az lac hostile, and
subject to condemnation ,citott aay eridenee as TO
the opinions or predictions of the Opner."
The author then takes up several other cau ses
in the Constitution which secure certain rights to
citizens in time of peace; and be shows that they
also are not constitutional rights in time OF war;
that, in Mr.. W tlng's own words
! If the Commander-in- Chief orders the army 20
seize the arms and ammunition OF toe enemy; TO
capture their persons TO she'll out their batteres to
hang spies or shoot deserter5 10 destroy the armed
enemy III open battle TO send traitors TO forts and
prsons to stop the press from aiding and comforting
The enemy by betTayiDg military plans; ~ arrest
within our hnes, wherever they can be seized,
persons against whom there is removable evidence
Of their having aided or Allotted the Rebels or Of -
tending 20 10 dO-the pretensiOn that in doing he
vinlafinO ne lOpstlfutlOn only
but il Is plea in behalf Of treason. To sci up the
rnes of civil administration as overriding and con-
trolling the laws Of war, Is 70 aid ana nbet tie
enemy. Ii falsfss the clear meaning OF the Consti-
tu.oD, which not only gives tue power, but makes II
the plain duty Of the President. to 80 TO war with
the enemy of his country. And the restraints to
which be il subject rhen ~ tcr. are not 70 be found
IN the municipal regulations which eau be admins
tered only in peace, but IN the laws and usages OF
nations regulating the conduct Of war.
The third chapter treats upon the uar pOi'er Of
the President to emdncipdte enemg's Siaues. Ii
SHOWS why such power was granted in the Con-
stituticn; that the President is tho sole judge
I when he shall use that power-a power which is
not Inconsistent with the right of Congress to free
slaves The author then explains how the war
powers of the President are not limited in the
Constitution, but are limited only by the laws Of
nations; and that international law, ancient aud
modern, as well as the usage OF modern civilized
nations, fully sanction the liberation Of enemys
slaves as an act OF war; and he also states how
far our Government, under Democratic admins
trations, have exercised and sanctioned these
rules, and he cites, in support of these positions
the cases where the belhgerent right Of omanc-
I IL. - .,tI HI
gland, France, Spain, and the South American
Republics. In addition he fully sets forth the
views of John Quincy Adams on this subject
III note TO this chapter Mr.. Whiting refers to
the general war powers of the President aud
states some of the principles of constitutional
law on that subject. In the concluding part Of
this note he says:
Whatever any Commsnder.in. Chief in accord
ance with the usual practice Of carrying Oh
among civilized nations, may order hls army and
navy DO 10 within the p0tcer OF the President 10
order and 70 execute because the Constitution III
press terms gives him the supreme command of both
II he makes war upon foreign nation, lie should be
governed by the law OF nations; II lawfully engaged
IN civil war, he may treat his enemies as fubJectS
and as belbgerents.
The Constitution provides that the Government
aud regulation of the land and naval forces and the
treainen, Of captures, should be according to law;
but II imposes IL express terms, no other qualIca
tion OF the power of the President. 1t does not
prescribe any territorial limits, within the United
StateR which bis military operations shall be re.
strioted; to which the picket guard military
guards sometimes called arsh0is) shall be
confined. Ii does not exempt any person making
war upon the country, aiding and comforting the
9aemy, from being captured, or arrested, wherever
ne may be found, whether within or ont Of the lines
Of ANY division OF the army. 4. does not provide
that public enemies, her abettors shall lind sale
ASYLUM in any part Of the United States where mill