The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-06-18


aTresson againr4 the United s4sies shaIi co.
sist only in leTying ~aI agninsa tbem. Or IN q
bsring % their enemies. giving ihe@ aid a.
! oQmfortr
No persen shall be convicted cf treason n
less On the testimony of two witnesses 20 d
:. same overt act. or ON open confession In court
The Ccngress shall have power 70 ceclal
The punishment 0f treason. bui no aftaipder
treason shall work eorrnPaicn Of blood 90 70.
feiinre, except daring the life od fhe persoa n
tainted" - -
4 They c9utraFene the following provisisn
among The amendments Of the Constitutio1
"ART1r1s TEE FH1H- No person sfsil b
held 10 answer fer q capital or otherwise Ia
faxnons crime, nnlcss on q preeen1raent or IL
c5rlment of Rrans Jury excepi IN cases aril
ing in the land and naval forces or. IN the nail
]. Tia when in artnal service. In time Of war an
public danger. nor shall any person be suhsec,
for the same ofsnce. 10 be twice put Ia jeopardy
Of life or limb nor shall be compelled in an
criminal eRee TO be witness against hinnael
nor be deprived OF life, liberty. or prorerts
| wlihonf due process Cd law nor shall privat
property be taken for public use without in,
| compensation ="
ARTICLE TIE SarrH. In ali criminal proseru
tia7s 1he accused shall ENJOY the right TO
speedy and ana public trial. by an impartial jar
of the State and district wherein the e. ime stral
\ have been committed, which district shall havi
been previously ascertained by Law, ana to b.
inimnet oi the nature and cause Of the ACCUSE
tion; 60 be confronted with the witnesses against
ham. TO have Compulsory process fo1 ohtasnin,
WITNESSES in mis- favor. ard 10 have the assis
tanee OF counsel for his defence"
IL when swearing to sustain these clause
of the Constitution, We have mot taken .tdi
he - Id L. a.
which atlantis amy one for treason. We eaf
declare the punishment OF treason. to b,
melted ont by due process of laws in tn,
proper tribunals we have already done 80
1t is DEATH But for every crime there naus
be trial and conviction. Against such leeis
lative tyranny the ailthprs of our Consti1 N.
tion framed expressed clauses. They did IL
as Judge Story says. III Soyy,s Coaszarn.
tasies, section l34A. } to guard against the In
Justice and inignity whaeh England inflicted
IN times oil rebellion or of gross snbserTlency
to the crown, OF oi violent political excite.
ments--periods 10 which all nations are
most liable las we'll the free AZ the enslaved'
TO forget their duties and to trample up-
OD the rights and liberties of Otbens''
The sentiment of the accomplished men OI
Congress being against these bills as uneon-
stitutional. resort was next had to the law
of nations to justify them. Members. WHO
a year ago. claimed that this rebellion WAS
not civil war, are low quick to iind out
that it is so, when it will answer the pnr-
poses of vengeance and emancipation. The
Secretary of War, in his order of April 8
1862. expressly recognized the rebellion as q
''civil war;" When, Year ago, embodied
the doctrine, that from the formidable
character and number of the insurgents, the
laws OF civil war. as between belligerani
nations, ought 10 obtain. copied though
my resolution was from Vattel hImself--gen
tlemen inconsiderately voted it down
Vattel (Book 3, chap. IS, S295,) and other
authoritative publicists declare what is q
public war. .
"The war between the two parties stands on
the zane ground, in every respect, as a public
war between two different nations. They de.
eide their quarrel by arms, as two difeIent ma.
tions would do The obligation to observe The
cornman laws ofwar toward each other 10, there.
fore, absolute :"
Since then, flags of truce. exchange o.
prisoners. and other rules Of civilized warfare
have been practiced by our Government -
England and France have recognized this re
!ation. Now. if the laws of war as between
nations prevail in this contest, as gentlemen
now argue then 1poipt to the humane code
that private property on land shall not be
confscated, except it be contraband of war
That slaves are contraband when used on
Notifications. and are confiscate, is no ques
ton now, since Congress has enacted law
making each slave so used, confscate to the
State. But if by the laws OF the States
slaves are personal property, as the courts
have decided, then the law Of nations reaches
them.
That law of nations has no exceptions but
conrabard. 1t is so admitted by ALL
America at least has acted on it, Franklin,
in his treaty with Prussia, Washington, in
his letter to Rochambeau, Hamilton, Jeffer.
son, Clay, John Quincy Adams, Pierce, Mar
cy, Lincoln. and Seward have taken it for
granted. 1t is too late to question it. They
sought to extend it, in the interest of human.
ity, from the land to the sea. | have, this
session, in speech on neutral maritime rights
elucdaied this doctrine and its history.
have shown that this was the object of the
Paris conference of 1855, and of the Marcy
amendment proposed to the great maritime
powers. To this doctrine the assent of forty
six powers was given, at the request OF
France. And This was the object of Mr..
Dayton, and Mr.. Adams, and our other
European ministers last summer, when, by
Mr. Seward's instruction and under Presi.
dent Lincoln's direction, our nation sought
to have oil private property not contraband
of war, munitions de gaerre, free from seizure
and conGscation by the cruisers and priva,
teers Of belligerents at sea, as it a0as already
thus free upon land. therefore boldly affirm
that this Administration, to its lasting honor,
is not only committed to this doctrine
but haye in the strongest manner favored
its extension from the land to the sea. The
great men of Europe, and of this country,
have agreed to that doctrine. 1t wa, urged
to soften the horrors of war, to save man
kind from cruel and unjust violence, to limit
war and its horrers to the combatants, to
reduce the conflict to duello between ar
mics, to save the sea, as the land was ALREADY
saved by law, from being the theatre OF
cruel, predatory, and barbarous practices.
The reason urged for this doctrine is, that it
enables men to make peace, lasting and fra.
ternal, unembittered by cruelties to helpless
women and children, to non com batants, and
men of productive industry and peaceful oc
cupations in private life. 1t ia the doctrine
of the Saviour OF mankind.
The wise men of This Congress have urged,
upon similar principles, that all laws of ven.
geance, confiscation, and emancipation will
only prolong and stimulate the rebellion.
postpone peace, and Illustrate the reasser,ion
Of federal authority. While would punish
the rebel leaders for treason by death, with
out mercy; while would do it without ven,
geance, in the name and majesty of the re
public which they have tried to dispart and
destroy, would not make laws, in the very
agony Of the strife, whose effect will DO to
strengthen treason, to prolong the contest,
and destroy all hope Of reunion.
But, sir, my opposition to such bills pro
,eeds mainly from other and more conclusive
reasoning. Granting that these bills are
and that they are according
% the law of nations, more momentous
question arises. 1t is no less than the gres.