Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-22
SPEECH OF
HON, WILLIAM E. FINCK,
OF PERRY COUNTY

1.aI" I' TANOn
n OF PERRY ooUNTy.
Def'usred IN the Ohio Senate, February 9Th an
20M, upon the War Policy of The Ad,,;n;.,.,
finn t-- ~''T
loon'naed'l
1 We are now In the midst of civil war, srmis
have been organised against the Goyerpmer
OF the United States, so powerful az to call m
on our part immense land and navy forces m1
IN the Language OF Vattel ''these two palil
must, ct 2ieast for o time, be considered
forming Two separate bodies-two distinct peo
ple," "and the common laws of war. tbos
maxims Of humanity, moderation and nrohitv
whcn We nave before enumerated and recon
mended are In civil wars to be observed on botl
sides." Its n.8s1 .- .
ln our arrangements with the Confederatea
III regulating the treatment and surrender q
prisoners OF war, we have, and IL was a matte
OF 4eceseity as well as humanity, recognize,
mem as beiligerents. This principle is there
Iore sustained Dy writer's on the law of nations
and 10 indicated on considerations of hu
manly
1 KNOW tnat In cases OF resistance to law b,
small portion OF the people Of any district o.
NOS 10 strong and powerful as to create
case OF CIVIL war, ss known aud defined BY
.no WRITER'S on ihe law OF nations, the ru ID
70 which have referred does not obtain. BIZ,
sne conoiuon OF war In this country, doel
make Just such case as that stated by Vattel
nnu say snat on the rules Of public law, that
snere - no leglimate power 10 this Govern.
mens' either on the theory OF the law of nations
or Dy virtue OF the Constitution of the United
SNses' W punish the people residing In the
Ssses IN iepeiiion by infictn1g the forfeiture
pronouncso Dy tne proclamation OF emancipa
slon. Anu Nhy ID NOT tnis principle OF law which
wepressea upon european nations until it was
teoognlzed, lust as binding upon us now, as it
mas upoh snem taen But IL may be said that Mr..
.aaa nuams aI'erwafd changed his opinion. admit
suss many yesrs aiterward, In heated and
P9r0o1R 9iscussioh Win Iom Marshall and
a,ea wise, ne did drop utterances in con-
n..n nIOs WIN nls previous argument. But can the
~a;SS nosS9u uigcussion on tne moor OF Congress,
s.o ~esu ~. asainss 'ne CAIN argument OF delber-
a'o ess'S paper prepared Dy MIN whilst Secre-
sy ~ y; Ssase, Wnen reating upon the great law
~ y, nsnons, spon Hhicn MIS- government founded
its claim OF indemnify Then l take ID for
granted that the doctrine laid down and advo-
c.eo Win so much force and ability by Mr..
Auams, ln tue controversy with Great Britain,
40 su9 uoc'[ine recognized by the United States,
anu. anu .n'nh l may say with entire safety, that
suele ID no respectable American statesman
"I1 d., sou'u ~ tnis uay call IL in question.
conS,;,., vau 'nis prociematlon De based upon the
,.o.sas .: as q punishment ior the crime OF
:, Dres Es .ne ooVernmentf Claim that
Ssn9oO' rTst, because the Constitution pro-
son onJ @ en.SS; Ie " 'liai ior 1ne crime ol trea.
sVn, alu no forfeiture can DC pronounced until
~ .s o1nnyicuon, nr., ana tnat forfeiture can only
T c.y' .. .no ll,enme oi tne parry convicted. But
pa. upvh anotnef ana perhaps more start
ing R.ou9o. ~ Is thisHthat after the period
Mneu sae Jursuictlon OF tne United States was
ssempleIsiy oustea 10 any OF the States in re-
oenion, ana tae government OF the confede-
,a'es Vrganizea ana enforced, the citizens with
10 sucn o, tne states could not, during such Pc
roa, py ene laws OF nations as applied to soci
e1es y. men, oe guilty OF the crime OF treason
S esalnss tne onitea states by adhering to the
voveInmen, y. deJdelo thus organized. Ii 10 true
saa. t9is RUE would not exempt the, men who,
as leaaeIs, OF as aiders ana abetters, assisted in
ursan'Ang 'n's most terrible and wicked rebel
l,oa Il agAinss sne government OF the United
states inese men are guilty OF the crime OF
treason. D1s say nere' as matter of public
laws sne Jaw ol Nations and as the dictate of
Ieason anu common sense, that the moment the
Ju'isuicuon aIa autnority Oh the United States
mae .9mpie'ety ousteu IN tnese states in rebel
no9, .na' momens sne allegiance or the citizens
ssSio'ng IA sucn STATE or Stites was suspended
as 'ne Sopernment ol ihe United States
anu Mnyi cecause no man can be compelled
W owe aiieg.ance 10 separate and adverse Gov
er9ments al tne same time. nf
he. me asK you, Tnat 10 sle ground on which
nnesanoe y " any government Is iounded2-
= rro1ouon. Inc duties and obligations of the
T1Vernmen. " sno tae cis'een are RECIPROCAL
,ne IaT Writers Oh ell nations say that protec-
uon anu aiiegisnce are reciprocal duties. Go
Dack W Tue uecisions ana history OF Great
5ri.aiu q uuiing tne perioc wnen there we're con-
nlcnng anu contending claimants Tor the crown,
ana you VIII nna TINS principle running through
an their relations. wIne law arises from this
Iacs, sna. sCcte1y must nave repose. The Gov
ernment ae Jdeto mas the power for the time be-
ny gT-Nne'aer ~ pc ngntIui Or not, 10 not the
quese'on-1 impose ite oohganons and duties
Oh sne people Wl!nin its limits and jurisdiction.
SuPpcse you, sir, snouid De residing within
.S .ae lmi.s oI tne Coniederacy--the rebels have
sno oo%Ple'e Possess.Un 81 sne government or
eauAeu nv ~ 'nem. mere Is government de
Is"o. Ihey nave tneir armies organized and
Sne poner 20 ENFORCE tneir laws within certain
ilm.sa Juiisoletion; tne tax collector comes
anu aenAnSs y you your taxes, WITH which to
'alry W sne oovetnment ana MAINTAIN their
atmies Oam you resist The conscriP agent
Saiis ~ W enpn you IN tne Tmy: Gan you eysde
oaaS,.;an .,s s..nT ns Mo, SUI 5yme very iorce and