The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1863-02-19

"Notator" asian Expounder OF Inter
national Law.

with all the assurance Of Lord Chief
Justice Of the Queens Bench, says:
"Mr. Lincoln has no moro right to
emancipato q single slave in the South
ern States than Davy Tod, and in the
enforcement Of the Proclamation he vi
olOtes his oath Of Office. lie cannot
shield himself behind a war necessity,
nor plead a war power in extenuation
of his guilt. Tho laws of civilized ma
tions controlling in times Of war rec
ognize no such power as to cmancipate
the slaves of your enemy"
Let it be rocollected that "Notator"
insists that slaves are rightfully, legally
and constitutionully held as property
Now, what does the law of nations soy2
Chief Justice Marshall, who was some
thing of lawyer aud Judge in his
day, says
"Wnr gives to the sovereign full right
to take the person and con6scate tho
property of the enemy, wherever found"
--[Sth Cranoh, 122.
IA nation has the right to weaken
her enemy, to seize upon his property,
to deprive him of the means Of reSis-
tance, ofwhotever augments his strength
and enables him to make war, in order
to render him incapable of supporting
his unjust violence" See Vattell.
"When nation divides into two par.
ties, no longer acknowledging q common
superior, the civil war between them
stands upon the same ground in every
respect as public war between differ
ent nations, and the rights and obliga-
tions imposed by the common laws of
international war become absolute be-
tween them. - [Vattell.
Thus is the superclious ipse dicit of
this writer, who seems to conceive that
all law, national and international hu-
man and divine, can be found beneath
his Uranium, disposed of.
In regard to tho power of the Prosi
dent, we introduce an extract from Pat.
rick Henry, which not only shows what
Virginia was willing to do with her
slovos-confcrrin freedom upon those
who would join the army of the Revo.
luton, but also expressing his opinion
that in certain circumstances the Con-
stitution conferred the power of man
omission in clear and unequivocal
terms.
In the Virginia Convection, which
ratified the Constitution, Patrick Henry
opposed the ratification on the ground
that it gave Congress the power, under
J certain circumstances, to abolish Slave
ry. He said:
"One Of the great objects of Govern
ment is the national defence. The Con
siitution gives power to the Genera
Government to provide for th1 genera
C defence, and the means must be com
i men urate to tho end. All the means
I in the possession of the people mus
@ be given to the Government which il
/ intrusted with public defence. Ma,
$ Congress not say eue,y Jidcb man mus
z fqhR In tho war of the Revolution
d Virginia passed on act Of Assembl
n that every slave who joined the arm
IS should be free. At some future time
% Congress will search the Constitution t
n see if they have not the power Of man
n omission. And have they not, sir2-
e Have they not the power to provide 70
rs the general defence and welfareP Ma
they not think that these call for tn
abolition of slavery? May they nc
-, pronounce all slaves free? and wi
!, they not be warranted by that power?-
The paper speaks to the poiRt; the
, have the power in clear, unequivoc;
n terms, and will clearly and ccrtainl
exercise it,"
On this point we havo also the opin
: ion of John Quincy Adams, who was a
familiar with the Constitution-havin
watched over its infancy and witnesse
:. its development to maturity under tn
: plastic hands of the men of the Rcvolc
- tion--as any other statesman of the pas
- or present.
i "!When your country is actually i
war, whether it be war Of invasion @
war of insurrection, Congress hu
power to carry on the war, and mus
carry it on according to the laws of wa
- and, by tho laws of war, an invade
- country has all its laws aud munioipt
institutions swept by tho board, an
"a martial law takes the place of them :
Thi. power in Congress has, pcrhap
a never been called into exercise und,
:, the present Constitution Of the Unite
:. States. But, when tha laws Of war o.
in force, what, ask, is one of tho
laws2 1t is this: that when q countl
A is invaded, and two hostile armies u