Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-09-17

pfebeDsibIe as II would be mischievous.
A public enemy cannot. lawfully, claim
the right Of entering Congress, and vo-
ting down the measures taken to subdue
him.
Why not ? Because he is q public
enemy; because, by becoming a public
enemy, be has snnulled and lost his right
in the Government, and can never re-
gain them, excepting by our consent.
If the inhabitants Of a large part Of
the Union have, by becoming public en-.
emies, surrendered and annulled their
former rights, the question arises can
they recover them. Such rights cannot
be rcgained by reason of their having
ceased to fight The character of pub.
lie enemy having once been stamped up.
on them by the laws of war, remains
Fixed until it shall have been, by our con
sent removed 4
To stop fighting does not make them
cease to be public enemies; because they
powder, not tor want of will. Peace
does not restore the noble dead who have
fallen sacrifice to treason. Nor does
it revive the rights once extinguished by
civil territorial war. The land Of tie
Union belongs to the people of the Uni
ted States, subject to individual owner
ship. Each person inhabiting those
sections of country declaerd by the Pres
idents proclamation to be ia rebellion.
has the right to what belongs to a pub
lie enemy, and no more. He can have
no right to take any part in our Govern
ment. That right does not belong to an
enemy of the country, while be is wag-
ing war or after he has been subdued. A
public enemy has the right to participate
in or assume the Government Of the
United States only when he has conquer
ed thd United States. We find this well
settled doctrine of belligenent law the
solution Of all questions in relation to
State rights.
Afte, the inhabitants ofa 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 bellig-
erent rights.
Suppose that all the Inhabitants living
in South Carolina should be swept of,
so that solitude should reign throughout
it's borders unbroken by any living thing,
would the State rights of South Caroli-
ma still exist as attached to the land it
self?
| Can there be sovereignty without 9
people, or State without inhabitants
State rights, so for as they concern thu
Union, are the rights of persons. at
members Of q State, in relation to th'
general government, and when the per
son has become public enemy, then b.
loses all rights except the rights of war
And when all the inhabitants have (by
engaging in civil, territorial wary be
come public enemies. it is the same il
legal effect, as though the inhabitants
had been annihilated. So far as this
Government is concerned, civil war ob.
literates all lines of States or countries
the only lines recognized by war are the
lines which separate US from a public
enemy.
do not place reliance upon the com
mon law doctriue of forfeitures ant
franchises as applicable to this revolution
for forfeiture can be founded only upoI
the admission of the validity of the &C
in which forfeiture is founded.
Nor does the belligerent law of civi
territorial war, whereby public enem,
loses his rights as citizen, admit th'
, right of secession that makes an individ
nal public enemy. A persons may
commit henious offenses against munici
pal law, and commit acts of hostility
against the Government, without being
public enemy. To be personal enc
my is not to be public enemy to tn
> country, in the eye of belligerent or in
, ternational law. Whose engages in al
J instruction is public enemy, but it il
not until that insurrection has swelleC
t into territorial war, that he becomes
public enemy.
9 1t must also be remembered that tn
r right of secession is not conceded by en-
e forcement of belligerent law, since i
9 civil war nation has the right to trea
, it's citizens either as subjects or as bel
e ligerents, or as both. Hence, Will
belligerent law destroys all claims {
1 subjects engaged in civil war. as again'
It the parent Government; it does not re
j. lease the subject from his duties to th'
n Government. By war the subject los
his rights, but does not escape his obi
It cations.
J. The inhabitants of conquered distric,
thus lose their right to govern us, br
!. do not escape their obligations to ODE
S US. Whatever rights are left them, be
side the right OF war, will be such as W
s choose to allow them, not for them
l. dictate to us what privileges they sha
st enjoy.
l. Among the war measures sanctione
by the President, to which he has, mo
as than once, pledged his sacred homo
r. and which Congress has enforced
or solemn laws, is the liberation of t
~ slaves. The Government has invit
n. them to share the dangers, the hon
IS, and the advantages of sustaining t
Union, and has pledged itself to
in world for their freedom.
ye Whatever disasters may befall
arms, whatever humiliation may be
n. store for MS, it is earnestly hoped th
on we may be saved from breaking the n
ma tion's faith with Europe. and with CT
ts ored citizens and slaves in the Union.
ed Now, if the rebelious States shall &
ma tempt to return to the Union with Co
cx,o taa;no tha parpatpity