The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1863-05-15

,
commander in-chief- 1t goes no further
1tprescribes nothing as to the enemy against
whom. the means by which, nor the ends
for which tie var must be carried on. 1t
gives no more power to wage war With a
foreign State than with . domestic State
and it is silent on the subject Of block
aiding the por,s. as of seizing the cotton OF
of emancpsting the slaves of district in
rebellion. The rights Of war beloAg TO. the
more comprehensive, in some respects the
higher. code of international law, to which.
not the Government of the United States
alone. but all civilized governments are
amenable. By that august code, all unjust
wars arc forbidden. and all unjust modes OF
waging just wars, no matter who may be
the enemy. or what the pretex,; while by
the same code, all just wars, and eminently
all wars Of self defence. and warlike meas
ures sanctioned by our christian civil za,ion
are permitted. unless so far IS they may be
expressly prohibited by the municipal! law
Of our own country.
Now, to say that no just war can be
waged against any but foreign power is
simply begging lhe question. cannot con-
ceive proposition more extravasa ant than
that provoc alton the most offensive, and
acts OF aggression the most intolerable.
which would. in every sane mans Judgment
authorize instant hostilities against foreign
Stale, must be tamely borne if committed
under the pretended authority of State as
sociated with others in federal union.-
Certainly. il any State connected with the
British Government. by whatever relation.
whether that or constitutions! union, as
Scotland or Ireland, or responsible colonial
government like the Anglo American prov
inces, or some more absolute form of polit-
ical independence. had, after years of prep
araton, public and private. the org aniz alton
and training of troops aud the purchase OF
arms, and eventually, by more definite mili-
tary measures. such as the construction and
armament of forts and the concentration Of
soldiers. and, finally. by overt acts firing
upon provision ships sent to supply the i'm
perial garrisons. the bombardmeut OF the
national forts, and the capture of the troops
by which they are held. the seizure OF arse
nails. mints, custom houses, navy yards and
revenue cutters. levied actual war against
the Central Government. any person who
should deny the authority of that Govern
ment by any means which the law Of ma !
lions permits. to wage a war not only un
tai the NATIONAL property was recovered,
bat until the outrage was cfastised, and ef- |
ectual security obtained that it would new
er be repeated. would. in any country but
his. be deemed driveIer.
Even If it were true that the Constitution
equired different mode Of carrying on
var in the cases Of foreign and domestic
,nemy, which il certainly does not. the
people of the seeding States not only claim |
% be foreigners. but we are compelled by /
he magnitude of the forces engaged. and
oy the course OF the great maritime powers
in recognizing them as belligerents. to re-
gard them ourselves in that light. Instead !.
Of furnishing them rs traitors and rebels !
when they fall into our hands. rs the mu- |
nicipsl law would warrant us in doing. we
treat them of necessity. as alien enemies
Prisoners are exchanged and paroled, flags
Of truce sent ami received aud they enjoy !
in all respects the privileges, and are subject
70 the obligations. which, by the Law of
Nations, pertain to public war. These
privileges and these obligations are not de-
lined by the Constitution of the United |
States, but by the International Code. 1t is |
his. and not the municipal law, which au |
Ihorizes the blockade Of the ports, the oc-
,upa,ion of the cities, and the invasion of
the territory Of the seeding States. and it
would be a strange inconsequencs to hold
that the same persons could, as citizens of
the United States. though in rebellion, de- !!
nand the privileges guaranteed by the Con
sttution, while as alien enemies they are ex-
smpted from the penalties of treason.
Suppose our recent misunderstanding with !
Spain had illuminated in declaration of
war on her part against the United States, |
and the sovereign State of Florida, but
lately Spanish colony, in view of this un-
doctrine of secession. had
thought 6t to withdraw from the Union,
carrying with her Key West the Tortugas,
aud Fort Pickeus, aud had formed an alIi- |
ance, offensive and defensive. with Spain-i
Would any one doubt hat the United States |
could, without violating the Constitution. |
invade Florida in order to recover the pub |
lie property the islands. The forts, and the |
national establishments TINS seized to re- |
pei The enemy to chastise the acts Of hos |
tility to the National Government. and to |
take efectual security that they should not
be repeated? Woald not the Government /
Of the United States. without violating the
Constitution. be authorized to do precisely
the same things in Florida as in Cuba =,
Would not the arming and the employing of
the slaves in this just war. as allies inured
10 the climate and acquainted with the coun.
try. be as legitimate on one side OF the
Gulf of Mexico as on the other, and would
not their employ yment under the authority of
the States. and the control aud direction of
its officers, instead Of tendiny to servile
war, aad the MASSAGE of the unarmed and
defenceless. at which humanity revolts,l be
the surest means OF preventing such bsrbar-
tiles and cducing This irightful element of
danger wi,hin the limits of Christian war
fare ? Dep-ecating as d. beyond the po,r-
er of scords Ae heart sickensss horrors of a
serriie Instruction zothing kas seemed 10
me so likely TO prereRt ITS earrence as to
ssJect tie eolored population n those parts
Of the couafry ,ehere iear IS carried on. asd
,caere the danger Of sneA eaiamiy 10
greatess, to the restraints Of military dis
ciplise and the costrol Of ye1ponsible axtAor-
Iy- szsn X ae A
rHx WAR ToRcID UPON TIE coUSrRy.
Not without deep solieiude. I saw the
angry clouds gathering in the horizon North
aud South and l devoted the declining
years of my life. with hind Of religious