The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-08-29
WAY fbF Rebellion g Terni.
nate.

rne Way fbr Rebellion g Terni-
nate.
That the Government has contribution
alIy all the rights of war against an insur-
re.;tion which has become so formidable to
create civil war, is not denied. 1t proceeds
10 put down rebels by force of arms, with
out the Intervention of Indictment, hobeas
oorpxs, warrant, trial by jury or the right
to bear arms, although all these are con-
Mitutional rights; not because war sus-
pends the Constitution, but because the
constitution provides for war and thereby
for the laws and practices of war. For
eign enemies In war have no rights under
our Constitution and laws. II the enemy
is citizen of the country he has not only no
rights under the Constitution, but besides
the fate Of war he is liable to the punish
ment Of Q traitor.
The only way to end rebellion is for the
rebels to lay down their arms and submit
to the clemency Of the Government,
Usually the ringleaders and the most gun :
ty are made examples OF, and the mass
submissive and penitent are pardoned.-
They acquire no rights by submission
Rights forfeited by levying war upon lne
Government are not regained by deieat
and subjugation. Rebels who have 1alieo
in the trial of arms, do not thereby acquire
the right to continue in the 'control OF
States, nor to come back into Congress ana
renew the contest against the Government
there. Their permission to assume the
political rights of loyal citizens dePenos
entirely on the clemency of Government,
and should be granted only as their repen-
lance Is found to be sincere, and their loyal
ty reliable; that is, only as 1t would secure
public tranquility and promote the ends OF
justice.
Government and the rebels. They furnish
no legal means Of Secession, nor legal
protection for defeated rebels, nor any legal
means of restoring political rights forfeited
by war. State lines or State Governments
are not known in our national criminal
code, nor in our rights of war against re-
bells. The relations of the Government
and rebels are legally and constitutional
Nv the same as if there were no State or
carnations in existence. Rebels may pass
ordinances of Secession. They are merely
declaration of rebellion. They do not
change the character of the treason, and are
void. They may rescind them; it is not re-
Quired in order to restore the rights OF the
Government; nor does the resembling re-
store any rights to the rebels; it is:merely
a declaration Of submission, and it is to be
given consideration according as the CIR
cumstances show it to be sincere.
Nor do rebels in war regain the right to
be tried according to the institutions OF
peace by surrendering. Were it so every
prisoner captured by our armies in wal,
could claim the right Of habeds corpus, and
Of trial by jury in his own district. II 1t
were so, our capture OF rebel army would
compel us to hberate it Immediately, be-
cause the law requires Indictment and tri-
al by Jury in the district where the offense
was committed. The right to make war
upon rebels is the right to punish them
by the rules and means of war, both when
they are in arms, and when they are de-
feated. Our Constitution is not such a
farce that rebels may force the country in
to civil war, and then by affecting sub
mission, NAV substitute for the penalties of
war, the supremacy Of rebel grand jury,
rebel petit jury and a rebel judge, all
traitors together; and then may proceed to
elect State Governments and members OF
Congress and Executives to carry out by
the forms of Government in peace what
they have failed to carry by war.
II the Government has the constitution
al right to defend itself against rebellion
by all the rights Of war, it has the rigat to
prosecute the war until it secures penal
ties for the past rebellion, and security
against any future one. "Indemnitv for
the past, and security for the FUTURE was
our war cry against the unoftending re-
public of Mexico. 1t is necessary motto
in just war. Nations which undertake
securing these, unless they are beat
en-. The horrible slaughter and devasta-
ton of this rebellion will oil be thrown
away, unless it ends in the enforcing OF
such penalties for the past and provisions
for the future as will forever secure the
country against the threat of secession,
and against any interest which sets itself
above the Constitution, and the right OF
the people to govern.
I = on.,fh hp m a.
pie of the Southern States were opposed
TO the rebellion. We have reason to think
they are still so, especially since they have
seen the terrible punishment it has brought,
and the hopelessness of the rebel cause;
and that if liberated from the military des-
potism of the slaveholding aristocracy,
they would gladly submit to the Nation
occurs by the further destruction of the
rebel armies, if this loyalty which we
suppose to be in existence, now subjugated
and suppressed, springs into life and force
the loyal men of the South will be mos,
vindictive against their oppressors, and
most jealous for the execution of the Sc
yerest penalties upon them.
This is the most natural and probable
course of the regeneration ofgenuine loyal
ty in the so-called seeded States. In fact
without these symptoms there would be NJ
satisfactory evidence Of loyalty in thes'
States, The people who do not hold tha
the leading rebels werein the right, mus
hold them guilty of bringing upon then
their manifold miseries, and Of course the,
would be most earnest for vengeance upol
them. But this natural course of the re
vival of genuine loyalty would obviat
nearly all the difficulties that have beel
anticipated in the restoration Of the in
stitutions of peace.
No person who does not desire 70 perpet
uate rebellion and anarchy, will say tina
the power. OF the General Governmen
should be Withdrawn from a so-called sc
oeded State, until these proofs Of loyalt,
are developed. They cannot be expected
in any State while the people are under
fear that the rebel armies may return
During this interval the Gen'l Governmen
must provide needful rules and regulations
for protecting the inhabitants in thei
right. In some cases this has been dom
by appointing Military Governor. Thi
may be proper in districts which are still
debatable ground, or still the field of tn,
operations of great armies; but the spirit o
our Government allows military authorii,
only so far NJ required by the necessities 0