Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-08-30


inmates all obligations In the nature OF com
pacts or contracts, at the option of the part,
obligated thereby. II destroys all claims or oni
belhRerent upon the other, except those which
may be sanctioned BY treaty of peace. A civ
II, territorial war has the same effect, except
| Ing only that the eoverelgn may treat the reb
els as subjects as well as belligerente.
Hence civil war, In which the belliRerenta
have become territorial enemies, instantly an
nuls all rights or claims of public enemIea
against the United States, under the Constitu.
tlon or Laws, whether that Constitution be called
o compact, o treaty, or o covenant, and whether
the parties to II we're States, In their sovereign
capacity, or the people Of the United States as
individuals. t0f'h'o''0 .H''7
Any other result would be 90 incomprehensi
BILE as It would be misohievous. A public enc.
my cannot, lawfully, claim the right Of entering
Congress, and voting down the measures taken
to subdue him! 3a > l-q p"
Why not2 Because he is q public euemy; be.
cause, by becoming public enemy, he has an.
nulled and lost his right in the Government
and can never regain them, excepting by ouI
consent. III $500
II the inhabitants of large part of the
Union have, by becoming public enemies, sur
rendered and annulled their former rights. the
question arises can they recover them Such
rights cannot be regained by reason of their
having ceased to fight, The character Of A
public enemy having once been stamped upon
them by the laws Of war, remains fixed until it
snail have been ,Iby our consent, removed.
10 stop lighting does not make them cease
70 DO public enemies; because they may have
laid down their arms for want Of powder, not for
want OF viii. Peace does not restore the noble
dead who havo fallen q sacrifice 10 treason -
Nor does 1t revive the rights once extiuprish
ed by civil, terrible war. The land ofthe Union
belongs to the people Of the United States, sub
ject to the rights Of individual ownership. Each
person inhabiting those sections of the country
declared 10y the PfesIdents proclamation TO be
In rebellion, has the right 10 what belongs 10 a
public enemy, and no more. He can have no
right TO take any part In our Government. -
That right does not belong TO an enemy Of the
country, while he 10 waging war or after he
has been subdued. A public enemy has the
right to participate In or TO assume the govern =
mens OF the United States only when he has
conquered the United States. We find in this
we'll settled doctrine Of belligerent law the so-
luton Of all questions n relation to State rights
After the Inhabitants of O district have become
public enemies they have no rights, either State
or personal, against the United States They
are belligerents only, and have left to them only
peselselen' sigass; ..Hbl
suppose anat All ths Inhabitants living In
Soa'n S oaIIhns snouia Do swept on, 60 that soil
suas snTula reign throughout iss 6orders IN
plJnon usss. " any rving ming, would the, State
.,sus y, STasu SArohna Bill exist as attached
!" Cn Sae iauu =. l'ssi -
oAS Me'e w so!eteignv without people,
OF oMN MNnout innabitantsf State rights,
80 ,a as 40 .n'S 'onossn me Union, are the nghts
OF Persons, ~ mempers OF States In relation
TO the General Government; and then the per.
evn ~ nss oeoome pucfc enemy, then ne loses
all rights except the rights OF war. And when
ee we in,ap.shse nase 10Y engaging IN civil,
territorial war; become Vpublic enemies1 IL ID
tne same N legal eject as though the tuhabi-
tAoIs nao peen iAnnlnliated; 80 far As this Coy.
etnmelt 70 concefneon civil war obliterates all
ilnes ., otases OF countries; the only lines rec.
ognlzed oy war are sne lines which separate %
rom pupnc enemy .-" 0oL3'.si-3'
2 l 40 not P,sce reliance upon the common law
oochine % lotei,nres ana franchises as appli-
ssI aDls " sIn revoiuuon, Tor forfeiture can be
iounuea oniy upon tne aamission OF the validity
!" s1e acs ~ 1nicn iofIeiIurs is founded.
NOT Goes lsne soelhgsrent law Of civil terrific
rai war, wnereoy public enemy loass bis
I,sls' = onAsn, humis tne q ignt OF secession.
IL 10 not any vote or law OF secession that
makes an Individual public enemy. A per.
son may commit heinousa ofenses against mu-
nicipai law, and commit acts Of hostility
aganss tnei iScvernmenf, without being pub
iie enemy. 10 Dc apersonal enemy is not "a
be public enemy co. the country, In the wye ol
Delhgetent or international law. Whose en-
cages IN an insurrection Is 10 personal enemy
put u is NOT until tnat insurrecsion has s~ellet
into territorial war, that he becomes o public
enemy .-3 r. s,.. E-.l r,ri1. .s;l
| Itmust also be remembered that the right
OF secession is not conceded BY enforcement oi
beiiigerent law, sinoein clviiwar ahation has
the right 20 treat ito oitisens either A. subiec.t
or as beiligerents, or as both Heuce, while
lbeihgerent law destfoys oil claims Of subjectI
engaged IN CIVIL war, as against the pareh
t5oveinment, IL does not release the subject
from nis duties to that Government. By Wsl
tne subject loses his rights, but does not escap,
MS opigauons. -
Inc innao'tants OF the conquered distficis
WILL shus lose their rights TO govern us, out will
not ESCAPE tneir ooligations TO obey Us. What
ever rights are ieft to them, beside the right o
war, Will % such % We rehoose to allow them
IL 10 Tor usl 70 dictate 20 them, not for them /,
dictate TO us what privileges they shall enjoy
among tne war meaeures sanctioned by th
President, TO which he has, more than once
pledged his sacred honor, and which Congress
has enforced BY solemn laws, is the iibefatio
Of slayes, . Iae- Goyernment has invited then