East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1862-05-27
EAST SAGINAW, MICHIGAN, MAY 27, 1862

out the etetutWy OI a law. lie law al
ready exists, aud settles both what kind
Of property is subject to seizure, and I'll,
circumstances under which il shall bt
lawful TO make the seizure. Whether
the circumstances have arisen which jus.
tify the act, and if so, to what extent
whether the capture and confscstion
shall be restricted to certain specified ar
ticles of the cnemy's property, or wheth-
er they shall embrace il all; whether the
necessity has come for dashng Ia pieces
the bonds which bind together masters
and slaves, aud bidding the latter to go
free, aud if SO, whether he shall simply
turn them loose, or make them avaiab lie
for the prosecution OF the war, and IN
what way they shall be used, if used at
all-are all questions to be considered,
and measures To be carried into effect,
by the President a Conmander.in-Chiei
Of the army, and by those who act under
him and by his authority. If this be a
fair and correct statement OF the laws OF
war as they now are and that it is i
think will not be controverted by any
one whe will take the pains to give the
subject a candid examination--then
whence the necessity of such legislation
as is proposed by the bill; and
what other effect could the bill have, if
passed, than to exasperate on the one
side, and complicate and embarrass on
the other?
,,. -, nm +, ~, .r,o,, mum ppapYa sucm.yr no rro
UNDER THE CONSTITUTION.
To bring my own mind to satisfactory
conclusions as to our powers of legisla
ton upon the graet questions before ns,
il has seemed to Inc that the first step
was To determine what relation, under the
the rebels sustain to us,
and must sustain during the continn-
ance Of the war? When this IL done,
our own course will be disembarrassed
IF much which might otherwise seem
difficult. We cannot regard them as
alien enemies. To do so would he to
admit .he permanent ACKNOWLEDGMENT of
the States, the overthrow of the Union,
the triumph of their cause, their seperate
aal inaependent nationality, 1t would
be to admit all for which they contend,
and the further prosecution of the war
would be both wicked and objectless,-
Nothing would remain but to adjust the
terms of settlement, close the strife, and
accept the rebellion as an accomplished
revolution. If not alien enemies, then
they must stand to us in one of two re-
ations:
First, rs citizens in so formidable
as to reach the dignity of a civil
war, in which event we must recognize
them as belligerent and public enrmies
while the war lasts. and deal with them
during that time according to the laws
of war, as ascertained aud settled by the
law of nations, with the right unimpair.
ed, when the rebellion shall he crushed,
to resume authority over them as cirl-
zens, and grant an amnesty for past often
ces, or punish them for treason, in ac-
cordance with the constitution and laws
in such cases provided; or,
Second, as insurgent citizens, entitled
to no belligerent rights, but subject to
be indicted, tried, convicted, and execu-
ted as traitors as soon aud As last as cap
tured. Very manifestly we cannot adopt
this latter course. The rebellion is too
formidable, too huge in its proportions,
to admit of indiscriminate slaughter on
both sides OF all who were so unfortunate
as to be captured as prisoners. 1t would
become war of exermination, too bar
barous, sanguinary, and reutless for con.
The other nations of the
world would not stand by idle spectators
of the murderous strife, but by common
consent, woul1 interpose to put All end
to proceeding so disgracefnl to human
ity, civilization, and Christianity. Such
extreme measures would defeat their own
ends and aims. There is, then, but one
course open to us, and that is, as long as
the war continues. to regard them rs
belligcrents aud public enemies, entitled
to be dealt with according to the laws OF
war as settled by the law Of nations.
This my colleague admits. He says:
"When the rebellion becomes SO for
midable as TO be able to muster armies
of hundreds Of thousands of men, and
maintain itself in arms againt the forces
of the government for almost year, IL
surely has attained a magnitude emitting
it to be called civil war; and interna-
tional law writers agree that the COM
mon laws of war are To be observed in
the same manuer rs in Q war between
independent States"
THE RIGHTS OF THE REBELS As BELLIoBR
ENTs UNDER THE LAWS OF WAR.
Upon this, then, we all agree, that
we must accord to the rebels while the
war lasts the character of belligere1ts
and that, under the laws Of war, we car
do it and with them just what we would
do TO and with the citizens of Canada
if we were at war with Great Britain, ,ant
nothing more. And what would that be
Why, Just what the laws, as settled an'
established by the law of nations, woul,
permit; kill in battle, capture those IL
arms and hold them as prisoners of war
and capture and con6scste oil their mn
nitions Of war, and by the capture an'
con6scation Of which we would eithe
strengthen ourselves or weaken them
Aud this would be done by the General
in the field, acting by the orders of tn