The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1862-09-23
The Constitutional Power Of tn 6
Governments.

Government.
The Nallandigham press and politi
cians deny to the Government the exer
else of the Rights and Powers of war I,
overthrow this Rebellion. They ipsis
that traitors are entitled to jury tra
under all the forms and technicalities o.
loyal proceedings. and that it is unconsti.
tutlonal to deprive them of property or
liberty except by due process of law in
the courts Of justice. The burden OF
their denunclation against the arrest of
traitors and against the contisca,ion of their
property and >laves, rests upon the as.
sumption that the government has no
special powers during war different from
those appertaining 10 state of peace
In the main, they insist that the same
modes OF proceeding shall prevail in the
treatment Of traitors in arms in time of
war, that are prescribed for the trial of
treason IN courts of law. And by con-
stantiy referring to the provisions of the
Constitution applicable to state of peace,
and insisting upon their literal obsery-
ance IN Their treatment of this present
armed rebellion, they mislead the public
mind.
Now everybody knows that we are en-
gagged In war, and that The war powers of
our government have been vigorously OK.
erclsed to raise, equip, keep in the field,
suosist and pay immense armies. 1t il
civil war 10 be sure. but by the laws of
Nations the same powers and rights Of war
oeVolves upon government In civil war
that appertalns to it in the conduct Of
foreign war. This universally admitted
doctrine is stated by Vattel in the follow
Ing terms:
he Sovereign, indeed, never fails to
bes.ow the appellation of rebels on all
such OF his subjects as openly resist him !.
our rhe" ne latter hare acquired stuff
e.enf strength 10 gre ham egectuai opposi-
ton, and to obiiye h6m 10 carry on tie rar
against them according 10 established rule
ne must necessartiy sujntato Me use ofthe
term Crit War.
civil war breaks the bonds Of soc;e, =
and government, or at least suspends their
force anc effect; it produces in the nation
Two Independent parties who consider
each other as enemies, and Acknowledges
no common Judge. These two parties,
therefore, must necessarily be considered
rs taeneeforward constituting. at least for
time, two separate bodies, two distinct
societies. Though one of the part;es NAV
have been to blame in breaking the unity
OF the State. and resisting the lawful au-
!hority, they are not the less divided in
,sct. Besides who shall Judge them p
no shall pronounce on which side the
night or wrong liesy On earth they have
no common superior. They stand. there.
j"re' 'npreotsely Me same predican.ent AZ
,1e notions nho Engage in contest. and
ee'"9 aaabfe 10 come to an agreement,
hdef recoHrse ~ arms {"
Thus II Is clear that our government
has all the rights and powers apper,aininp
70 ~ IN state Of war with a bellioerent
nation, in order to prosecute the present
war, IN addition the powers which apner
laln TO 1t over its own citizens in . STATE
OF hostile insurrection.
Now, according to the laws Of nation.
as expressed by the great American iurist
Kent. IN his Commentaries
The end Of war is to procure by force
tha justice winch cannot otherwise be OBJ
tanned (; and the laws Of nations allows the
means requisite TO the end. The persons
an property of the enemy may be attack
ca ana eoptured Or destroyed, rrhen neces.
sdry % procure PREPARATION or secnrtty.n
The right of confscation of epemv,s
property under this principle has been ex-
ercIsed from time immemorial Secrsta-