The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1862-05-15


erty....Delivered in the Senate Of the
United states, Apail lS, 1862.
(Concluded)
from all associations of men permitted
by law, and one which cannot innocent
ly he renounced. We have the undoubt-
ed right, then, under the Constitution,
by express terms, to employ the militia
of the country, and bv the plainest i'm
plication, the Army and Navy, for the
purpose of suppressing the existing in
surrection. For the Government to
employ these means, these instruments
Of military force, is to he engaged in
carrying on and prosecuting war, civil
war. n war which as duty under the
Constitution it is obliged to wage until
the insurrection is suppressed and do
msstic tranquility restored. 1t has no
election in waging and forbearing to
wage this war. 1t cannot, without a
violation of sworn duty, desist from its
prosecution until all armed resistance
shall have ceased. Our oaths of office
have linked us to the prosecution OF
this war, and will link all our success
sOrs to it, with the force of our obliga-
ton not only TO the Constitution, but to
God. Neither we nor they can desert
that obligation; aud may we and they
have the manhood, the constancy, and
the honesty never to commit SO dread
fnl an apostacy!
Some months since the President of
the United States, in pursuance of an
ancient act of Congress issued his off,
cial proclamation, declaring the people
of several States of this Union to be in
insurrection against the Government.
He at once proceeded to employ our
armed ships to blockade the coast of
nine of the insu,gent States bordering
on the Atlantic, and to close all their
ports. cutting them off from trade with
foreign nations. BY like military meas
ures all peaceful intercourse between
the loyal and disloyal portions of the
country has been stopped. Large
armies are arrayed on either side of the
hostile lines, battle after battle has been
fought, human life been freely sacri-
feed under the banner both of the
Government and of the insurgents,
prisoners exchanged and safe conducts
issued and used on both sides, and, in
deed as complete and technical a state
of hostility created as ever existed on
earth between two nations, except that
as the war is civil war, i'm other words,
an insurrection against lawful Gov.
ernment, we have not conceded and
cannot concede to them any of the bel
ligerent rights of an independent ma
tinn, save such as are due to humanity
and which arise merely upon the score
of common humanity, and the re-
quirements Of common civilization
The exact character Of the war is no,
foreign or national, bnt is that of an in
surrec,ion and rebellion. 1t is an at
tempt on the part eff the insnrgent dis
tricts to dismember the national terri
tory, and to install over part of it /:
Jurisdiction and political system in
dependent and in defiance of the rights
the powers and the duties of the Gov
eminent, and to establish another in
dependent nation, or rather a nest o
small independent sovereigntics, OF
this continent and on our borders. W.
are waging the war to defeat this am
bilious and wicked scheme. We ar,
waging it not against public or foreign
enemies, as in the case of nationa
war, but against persons who ow,
obedience to the Government, and ar
rightfuly subject to it.
5 Nor is it contest of factions strivin:
; for the control of the same Govern
ment, like the wars of Roses in Eng
land, or tho wars Of the League i
France. In the latter kind of wars, a
I, a talented writer and soldier (Genera
|, IIslleck International Law and Law
of War, page 333) of our own day an
country, remarks, "each party is CT
titled to the rights of war as agains
the other, and also with respect to net
e trails" But, he adds, "mere rebellion.
: however, are considered as exception
TO the rule, as every Government treat
those who rebel against its authorit
according to its own municipal law.
! and without regard to the general rule
! of war which international jurisprr
dence establishes between sovereig
States" And it is undoubtedly til
sense of the leading teachers on th
laws of war that in rebelions the law
full government if not restricted to tn
instrumentalities prescribed to indie
pendent nations. 1t may not, it is true
violate the laws Of humanity. 1t ma
not exercise wanton cruelty on tn
weak, the ignorant, the helpless, or tn
deluded; but it may, on account {
their violated allegiance, or on accour
of their indifference, even, to their dut
as citizens, impose upon them such r.
strainipg or punitive burdens as til
Government may think best fitted
rcpel their violence, to subdue their r'
bellion, and retsore peace and order.
If to do this it be necessary to stri
them of their lands or their goods, {
both, it is allowable by the laws of wal
and whether it be done by actual fore
BILE seizure, or by legislative act decla
lug the title ipso facto escheated to IL
! State, or whether it he done by I'll
more slow process of judicial trial ar
sentence, can make no difference
principle. The seizure and use of pro
erty IL, in any case, means well know
!. to war of strengthening one party al
weakening the other.
~ l am aware that by the usages
modern war the conqueror does n