The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1863-08-26


: lama ion to be in rebellion. But, ly this
new device of the enemy-this new version
OF the poisonous Staie-rights doctrine-the
Secessionis,s will be able TO get back BY
| fraud what they failed TO get by lighting
Do not permit them, without proper safe,
guards, to resume in your counsels IN the
Senate and iu the House the prwer which
their treason has stripped from them.
DO not allow old States, with their Consti
] tutions still unsllered, to resume State pow
/ ers
Be true TO the Union, men OF the South,
not to the designing poliicia Of the Bor-
! der States. The rebellious STATES contain
ten times as many traitors as loyal men,
! The traitors will have q vast majority OF
/ the votes. Clothed with State rights under
our Constitu ion, they win crush out every
Union man by the irresistible power OF their
! legislation. II you would be true to she
Union you must bind them hand and foot,
( and deliver them into the hsDds Of their
bitterest enemies.
Beware Of ertangling yourselves wi h the
technical doctrine OF F0RFEITUREs Of State
RiQhts; as such doctrines admit, by necessary
implication, the operation OF code Of laws
and oil corresponding civil rights. the exis
tence of WHICH you deny.
The solution OF all our difficulty rests in
the enforcement, against cur public enemy,
Of our belligerent rights Of civil war.
When the insurrection commenced by IL
legal acts OF secession, and by certain exhib.
itions Of iorce against the Government in
distant parts Of the country, il was suppos-
ed that the insurgents might be quelled and
peace restored without requiring large mil
iiary force, and wi hout involving those
who did not actively participate in overt
acts o treason. r..
Hence the Government relying upon the
patriotism Of the people, and confidence in
its strength, exhibited generous lolbesr
ance toward the insurrectionists
When, at last. sew nty.tive thousand oi
the militia were called out, the President
still relied upon the Union sentiment Of the
South; still announced the intention not to
interfere with loyal men; but, on the contra
ry, to regard their rights as still under the
protection OF the Constitution. The action
Of Congress was in accordance with this po.
Icy. The war waegd by this Government
was then personal toar, war against reb'
els; war prosecuted in the hope and be
liel that the body oil the people were still
friendly to the Union, who, temporarily over
ccme, would soon right themselves by the
aid of the army. Hence Congress declared,
and the President proclaimed that it was
not their object to injnre loyal men; to inter.
fere with their rights or their domestic in
slilutions
This position OF the Government toward
the rebellious States was just, torbear,
ing and magnanimous, while the citizens
thereof were generally loyal, But the revo-
luton swept onward. The entire circle 0
the Southern States abandoned the Union,
and carried with them all the Border
States which they could influence or cop>
troll
Having set up . new Government for
themselves; having declared war against us;
having sought foreign alliance; having passed
acts o non intercourse; having seized public
property and made attempts to Invade
States which refused TO serve their cause;
havng'raised and maintained large armies
and an lncipient navy, assuming in all re
spects to act as an independent hostile ma
ton at war with the United States; claim
ing beligerent rights as an independent peo-
pie alone could claim them; and offering to
enter into treaties OF alls nee with foreign
countries and OF treatie Of peace with ours;
nnder these crc umstances they we're no ION
ger merely insurgents and rebels, but be
came brlligerent public enemy. The wa,
was no longer against certain persons" in
the rebellious States 1t became territor
ial war--that is to say, a war by all persons
situated in the belgerent territory against
the United States
| Il we were in war with England, every
Englishman wonld become public enemy
irrespective OF his personal feelings toward
America. However friendly he might be to
ward America, his ships en- the sea would
be liable to be killed in battle, or his proper.
" situated IN this country would be subject
TO contiscatlon.
BY similar rule of the law OF nations,
whenever two nations are at war, every sub
ject OF one belligerent nation is public enc
my Of the other.
An individual may be personal friend,
and at the same me public enemy to the
United States. The law Of war defines in
ternati nal relations,
When the civil war in America became q
territorial war, every citizen residing in
the bellIgerent districts became public enc
my, irrespective OF his' private sentiments,
whether loyal or disloyal, friendly OF hos,
tile, Unionist or Secessionst; guilty or in
nocent.
AS public enemies, the belligeren.s have
claimed 10 be exchanged as prisoners OF wal, I,
instead Of admitting our right to hang them
as murderers ard pirates. AS public enc
mles, they claim the right to make war up
on US, in plain violation Of many OF the oblI
cations they would have admitted il they &C
knowledged the obligations or claimed the
protection o! our Constitution
Ii they had claimed any State rights un
der our CoDstitu ion, they would not have
violated every one Of the provisions Thereof,
lmi ing the powers Of States. Asserting no
such rights they claim i munity from all
obligations as States, or as people--to this
Government or to the United States.
Tive questions mus: be considered:
|. When did the rebellion become q ter
ritoiial civil war?
! 2. What are the rights of the enemy uu
der the laws oi war?
| The first question has been settled by the
Supreme Court OF the United States, in the
case Of the Ha,oatha, decided on the 9th OF
March, 1868. In that case which should be
read and studied by every citizen of the u
nion. the members OF the Court differed IN
opinion as TO the time when the war became
territorial The majority decided that when
the Iact OF general ho,tillties existed, the war
was territorial, and the Supreme Court was
bound to TAX judicial cognizance thereof
The majority ag' eed that, a. Congress alone
had power to declare war, SO Congress- alone
has power to recognize the existence OF war;
and they contended that it was not until the
act o. Congress Of July l3, 1861, commonly
called the Non intercourse Act, that state
Of civil territorial war was legiim,tely re
cognized. All the Judges agree in the po
| aitinI, .tihaf sinca .Inlu l2 1881 ihara has