Delaware State journal and statesman., 1863-02-06
THE RIGHTS OF WAR.
[FRoM AN EMINENT JuRisT OF PENNSYLVANIA I
For de National Lateiigmcr.

loyal citizen and the rights of rebels who
have renounced the Constitution and
laws, and are arrayed in arms attempting
to overturn the Government and bring
obedient and loyal citizens under subjec-
tion to q dominion the cornerstone of
which is slavery. Can il be true that
the rebels are entitled, as seems to be ar
gued, to all the rights, privileges, and
immunites of loyal citizens If so, why
are we at war with them Why are we
depriving them ol the inalienable
right to life? No one has yet questioned
our right to do this. Why may we not
also deprive them of the less right of
property Are not their position and
relations altogether misapprehended
We are not sending the marshal with
warrant in his hand to arrest rebels for
their treason, and directing the army to
act as geat posse c0m,t0tus to put down
all resistance to the execution of the writ.
In such case the Constitution and the
laws must necessarily be his guide. The
criminal and deluded citizen is not yet
without the pale Of the law, and is still
entitled to constitutional rights But the
existing case is one of very different ma
ture and proportions. The magnitude of
the rebellion has taken it out of the iuris-
diction of the marshall and the army and
navy of the United States precede him.
The law is silent, and the confused noise
of war and garments rolled in blood ap-
pear in the arena. The rebels have re.
nounced their allegiance and set up Il
Government of their own, and commenced
war upon us. Foreign nations do not
look upon them as disobedient citizens
resisting the process of our magistrates
and courts, but have acknowledged them
as 6etfgerentS-"a Power or State carry
ing on war"-and we ourselves have, Of
necessity conceded the same. We have
entered into cartel with them for the
exchange and release of prisoners. Cartel
Ia convention between two boLhgerem
PoacerS, usually for the exchange or re-
leasing of prisoners" (Walker) GA wri-
ting or agreement between States at war
for the exchange of prisoners, or for some
mutual advantage" i" (Webster.) When we
capture them we do not try them as trai-
tors, although taken in arms resisting the
authority of the United States, but we
parole or exchange them as prisoners of
war. Until they lay down their arms
therefore, and submit again to the auth
ority of the Constitution and laws, or un-
til we subdue them and bring them into
subsection to the same, they stand in the
same relation to us as foreign nation at
war with us, and can claim no rights but
such as are conceded by the laws of ma
tions. 1t is conceived, therefore, that the
President, in the prosecution of this war,
may resort to all such means for its sue
cess as would be admissible in war with
Great Britain, France, or Mexico.
The Constitution has nothing to do
with the made or manner of conducting
the war Congress declares war, or re-
cognises it as existing-provides the army
and the means for its support, and es-
tabishes rules for its government, and
there its authority ends. The President
as commanderin-chief, conducts and
manages the war at las discretion. He is,
in this regard, an autOcrat, and no way
responsible to any other department of
the Government, except for his fidelity.
For treason, &c he may be impeached,
but for his honest Judgment and action he
is absolutely irresponsible except to pub
lie opinion. And while he acts within
the sphere of his authority all other de-
partments of the Government, and all in-
dividuals, SO far as called upon, are
bonnd to sustain and aid his efforts, how
ever mistaken they may suppose his plans
to be, Failure is perfidy, resistance trea-
son. He may mistake, for human wisdom
is iallible, but that fact does not affect his
right nor the duty of the ctizon. If
these principles be correct, and it is con
ceived they cannot be successfully contro-
yerted, the wisdom or eXpediency of the
Presidents proclamation of emancipation
is not question that affects the duty Of
the citizen. The Commander-in. Chief has
deemed it necessary and proper to the
successful prosecution of the war, and his
Judgment and decision, as such, is the
judgment and decision ofthe Constitution.
1t is final and without appeal. If he is
mistaken, who is to gainsay his act Not
the loyal citizen, for it does not affect
him, his rights are not touched. Can the
rebel He does not claim any rights un-
der the Constitution, for he has renounced
its authority and set up rival to which
he processes allegiance. What business
Of his is it what the President does, so
long as he does not violate the laws of
war Does, then, the proclamation ill.,
fringe any belligerent right To the laws
of nature and of nations slavery is un-
known. All the inhabitants of belliger-
ent country stand upon the same level in
the eyes of the adversary. They are all
enemies, be they black or white, bond or
free. May we not then, invite q portion
of our enemies to become our friends, and
aid in putting down the remainder
What law, human or divine, forbids If
our enemies wish to avoid the consequent
ces let them cease their hostility. 1t is a
war measure. The efficacy of the procla-
nation will, of course, depend upon the
success Of our arms, but still it is just
and proper measure, both as a warning to
our enemies Of the consequences of per-
sistance in their wicked and causeless re-
bellion, and for the information of that
class whose support we wish to withdraw
from our enemies and attract to ourselves.
1t is proper they should know beforehand
that they will be cordially received and
protected, and that their condition will be
bettered and not made worse by their ta-
king part with us.
The Release of Mr., Boileau-He Admits
his Wiokedness, and Promises to Sin no
more.