The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-11-28
Political Relations of the Rebels.

Political Relations of the Rebels.
There is no method by which persons
can throw off their individual liability to
the law of the land. There is nothing in
State lines that affects this personal llaoli-
ity, nor can any State action relieve them
from it. Insurgents are responsible as IN
dividual criminals, the same as il no State
divisions were known in this Government.
This we presume no one will deny. When
an instruction assumes the character o. a
civil war, it is subject to the rules OF War,
and may be treated as a belligerent. But
State lines do not define the limits OF the
belligerent character. The dimensions OF
the district controlled by the insurgents
may correspond with State lines, but the
State lines do not extend or limit the bel
ligerent conditions. An enemy is an en-
envy wherever he may be found. Inc
character of his acts is not at all changed py
his removal from one State to another.
The state of war subjects the insurgents
as a belligerent party to the fate OF war
without relieving them from their haniil-
ty as individuals. They may as a belIls
erent, be subjugated by war, and suo]ected
to the penalties which the successful pow
er may rightfully impose on party sGl!ty
oflevying war without just cause, when
may be in proportion to the INJURY tne war
has caused: and then may in ADDITION be
subjected as individuals to the penalties OF
the law for crime. But after an lnsureec-
ton has reached the dimensions OF war,
Governments usually sadmnister penalties
they regard ADEQUATE in the war, and when
the rebellion is subdued, they execute the
leaders and remit the penalty to the mass,
according as it may be done with safety
and with good moral ERECT.
A state of war against the Government
forteits, on the part of the rebels, all polit-
ical rights. If they hold positions in the
Government, either national or local, it
vacates them. This is so entirely conceded
that no one regards the State Governments
of the insurrectionary district as having
any rightful authority, or the rebel people
in the same district as having any right to
elect new State officers. The vacation of
these political rights by both the rebel citi-
zens and the rebel authorities is univer-
sally recognized. There are none so alb
surb as to hold that, while the nation is en-
ploying its arms to suppress rebellion,
the rebels have the right to exercise civil
authorityin Carrying on hostilities against
it. To deny that the rebels have forfeited
all political rights, is to affirm that they
may have elections, and that their legisla-
lures and Governors may levy war, and
provide means TO carry on hostilitieS a.
gainst the Nationa! Government, even in
the presence of its armies.
There are none so absurd as to affirm
this, therefore it is conceded by all that the
political rights of the rebels are at present
forfeited, and their local governments va
Gated. Therefore no one excepted to the
military governments the President has
appointed for some of the States, on ac-
count Of any civil rights of the rebels being
infringed by them. The question is, how
shall these governments be restored? The
ready answer is, when the rebels have re-
covered their political rights. How can
this be done? By submission to the gov
eminent and to the just penalties of war,
by purging themselves of their crimes,
and by establishing reliable loyalty to
the Constitution. We persume that no one
tional government, will lay down any less
terms than these for the restoration of po-
litical rights to the citizens Of the belliger-
ent district. Are these attained by the
defeat of the rebels, and by the advance OF
our armies into State. Is a defeated reb-
and dlsarming him justify him, and make
him a citizen with political rights para
mount to the military power? If SO, then
every criminal in our penitentiaries is JUS
titled, and should be Immediately restored
to liberty and political rights, for de is en-
tirely subjugaled. ..r...
Unless persons are prepared to take the
ground that as soon as we have defeated
and captured the rebels, we have lost all
authority over them, and must restore
them to the exercise of their political
rights, and set them up in local govern
IlenlS 10 repeal lne role Oh TCDtlllOI, JneN
must admit that these forfeited political
rights remain in allegiance until the people
of the insurgent district shall have estab.
lished, by works of loyalty, their fitness tc
exercise them. Who is to decide the time
when? Not the rebels, certainly. Then i,
must be the national authority. Then we
come TO the question, by what evidence
this reliable submission to the Constitu.
tional Government shall be established p
In this there can be but little difference
among sensible men, who want the rebel
lion put down. 1t makes no difference in
principle, as affecting the status of the
State, whether the time required for this
the proof should be satisfactory, and none
will desire to prolong the probation be-
You'd the requirements of the public safety
During this interregnum of local gov
ernment, needful rules and regulations FOL
the protection of persons and property
must be provided, and ofcourse this sho'(
be provided in the way most in accord
with the spirit of a popular constitutions
government. In the field of military op
erations, where rebellion has suspended
civil authority, and where all administra
ton must be backed by military power
the commanding general finds 1t necessar,
to take upon himself the whole admins
tlation of affairs. He is the only person
who has the force requisite to maintain au
thority. In anticipation Of a restoration o
loyalty in districts recovered by our ar
mics, that would be nucleus for the for
nation of civil government, the Presiden
has appointed Military Governors for some
of the States. These somewhat anomalous
officers derive their authority from militia
ry appointment, though their duties ar
civil: In a field where civil institutions
are destroyed, and where they can do no
thing but by military force, and must hay
large military force even for their owl
protection from the inhabitants, the,
amount simply to an extra military com
mand, not subordinate 10 the commando
in the field, but with tendency toward
that antagonism to him which is insepara
BILE from all independent commands in tn
same field, but to which this is peculiarl,
liable, because the authority of one is indie
fined and his duties inappreciable. In
field where military power is not required
to maintain these Governors and wher,
civil institutions can have any existence
it is likely that some administrative office
more consonant TO our form of Govern
,nent can be provided.
The question is not complicated by Stat
olt NO., i