Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1863-04-09


President the Question whether he was au-
tborized under the Constitution TO suspend
the writ and order the arrests. He examin.
ed that sacred instrument--it clearly gave
the power--but to whom? He consulted
his law adviser and his Cabinet-they
agreed the power was his and that the abso
lotc necessity Of the case required its im
mediate exercise. They urged upon him,
that such arrests had been made under
Washington in the Revolution and by Jack
son in the war Of 1912. Satisfied that il
was his duty, he did it, and loyal men every.
where applauded the act, for by it Mary
land was saved to the Union.
Are Democrats, because they happen to
take different view OF this constitutional
question, or because they happen to doubt
the propriety ofthese arrests, absolved from
the allegiance they owed their Government
in a time Of war7 Will loyal men refuse
to support their Government in time Of
great public danger, on any such pretext ?
THE EMANCIPATION PROCLAMATION.
And now as to the Emancipation Procla-
nation. 1t is charged that it too is a fla
grant violation, not only of the Constitu-
ator from Perry argues, and with much in
u
lion but civil war, and that being civil
war, the Confederates are guaranteed under
the law Of nations, all the rights ef.belliger.
absolute security to the private property of
individuals, that slaves are such property,
and hence can not legally be con6scated by
the President as Commander in Chief Of
our armies. r
Now, in the first place, l do not concede
that this is technically q civil war. Hal.
leck, in his work on International Law,
page 333, says rg
WARS Of insurrecon and REVOLUTION are, in
sense, civil wars but this term usually applied 10
those contests which waged between rival families
or factions for pnrty ascendency in State raider than
for its dismemerment or for radical change in its gov.
ernment Each party In such cases IL usually entitled
To the rights oil war as against the other and also with
respect 10 neutrals MERE RRBELLIoSs HOWEVER, ARE
CONSIDERED As EXCEPTIONS TO THs RULE as every gov
eminent treats those who rebel against its authority,
eorJiny TO its municipal laws and without regard to
the general rules which International jurisprud.nce es
iablishes between sovereign States"
But again, do not concede, that by the
law Of nations, as between beligerents, the
President would be prevented from using
such means as would be necessary to weak
en- the enemy and force an early and hon.
orable peace. And on this point | quote
first theopinion of Judge Story, in Cranch' $
Renorts vol q nage l67.
AN ,sn, oo,ona p ss =. ,h., a.o,,,,,,r of vo,
gives right to conGsca.e enenys properly and enables
the power TO whom the execution Of The Jaws and The
II indeed there @ bs = nitmoos.d rs To ,he sx,eaS to
which hostes may be carried by the Executive, ad.
@ n s, sa s san S % Z. sars
ou aacordng 70 the principles Of The modern law Of ma
ton' snf enforced which, and whes' and on what prop
''', ~. n.ee:'e '"o w., o.,.
hnd again. quote fatte'' p o4f
ses the Object s Of a; war Is to &
the voice Of Justice we have right to put in practice
against the enemy every measure that is necessary in
md sapporIinS his ipusce nnd we NAV choose such
methods the eoacious and hes. calculated
20 oa the e end m % sy Os s not ,,a ., a
ted by The law Of naiions." '''' '''''
have other authorities, even stronger
than these bnt will not detain the Senate
by reading them at this time. am quite
free to admit. that these same hooks Law il
down that "private property on land, is
now as a oeneraj rmle of war exemnt from
se;gnre or con6scat;on ), hnt tbev also state
that "tb;s rnle Is mt bv anv means ahso.
imta i or nn;uersal|" the excent;ons civ
an sucb as conf;sca,;ons or se;znres bv wav
f, of rot,oi,u CO.. ,n;l;tarv offenSes constr;hn.
t;ops for the snnnort of The invading ar.
MICS nroner,v .aten in ,storm;ng a fortress
.. to, tovo pop a,o ohnw .hs. the aIcsnt;ons sre
ohont as oenerai as fbe r,ie itself
Rut II has becn M mart of INV nurnose to
ora,,a ,h;s rrost;on tIat bas heen so ably
ana velI dore hat 7 am snared the effort
Ali hauo oarod ~ shov ;s..hat : in tb;s ca 90
90 =, thot 20 tha Snsnens;on of the Writ n
hohaos cornns there we're grave legal nues-
roDs ,vb;nh son,ohodv hsd to daterS;ne tba,
I. o,o.' "n,I'I s:, - ~. D.oS!I..,,