Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-22

.nns nv PeIbOu hu0nuinB upon the King, f(
, the time being, In his wars, should for such se
vice be convict or attaint of treason or othe
offense by act Of Parliament or otherwise b
any process OF law. This statute, which wa
passed at the conclusion of the wars of III
"Roses," relates q, those who bore arms In be
half Of the King in possession, even against hIr
who claimed by right Of inheritance.
, Sir Michael Foster, speaking of this statute
says: "This putteth the duty of the subiec
upon O rational and safe bottom. He knoWetl
: that protection and allegiance are reciproca
luties, And the same doctrine is fully laiI
IYdown by Lord Coke. This principle was.
Know, disregarded In the celebrated case
Sir Henry vane; but that decision was and Il
Still regarded by every lawyer as q palpabl,
perversion OF the law, and as most scandalous
~ conducted by the judges who sat In the tria
Of the case.
But we have an authority on this point In
our own country, in the decision of the Suprem,
Court of the United States, in the case Of tb,
u. 8. va. Rice. ''
During the war Of 1912 with England, ",
had In existence on embargo law, which pro
hi6ited our people from trading with Grea,
Britain and her colonies.
There was small port in Maine called Cas-.
tine. The British forces succeeded in taking
possession of this port, and while thus In tbe
military occupation of Great Britain. the
American merchants there opened up trade
with Canada and Great Britain, in violation of
tne embargo laws. After the treaty of peace,
some OF these merchants were indicted and
trieo In the Circuit Court of the United States
Tor the violation of these embargo laws: and
the case against Rice was taken to the Su.
preme Court of the U. S. on error. And what
Was the decision of that high tribunal7 Just
what have already stated here to be the law
of nations.
Judge Story, delivering the opipion of the
Court, held that protection on the mart of the
Government and allegiance on the mari of the
citizens were reciprocal duties; that when the
Jurisdiction and protection OF the United States
nad been ousted by superior force, these mer.
Chants came under the juricdictiOn of Great
nrtsin; thst for the time being they owed no
allegiance 10 the Government of the United
states; that they we're controlled by such laws
Us Great Britain chose to impose; that they had
a right to trade with that country and Canada,
and were not liable to be prosecuted for
breach OF the embargo laws. ALLOW me to
read an extract from the opinion OF Judge
story. The case 10 to be found in 4 Whea
ton, page 254. The learned Judge, in deliver
ing the opinion of the Court, says;
By the conquest and military occupation NJ os,,ra
the enemy acquired that rm possession which enabisd
him to exercise the fuiest rights Of sovererntv over
that place. The sovereignty Of the United States over
was OF course suspended and the laws Of the
United States could longer be rehtfulIy enforceS
there or be obligatory upon the inhabitants who remaned
and submitted 10 the conquerors. By the
inhabitants passed under temporary allegiance TO the
british government, and were governed by such laws
and such only as II chose to recognize and mpose
From the nature Of the no other laws cod he a.
gatory upon them, for where there no protection ~
allegiance or sovereignty there can be no claim 10
obedience. '"
lt would be a monstrous wrong to require
man 70 oe amenable to two separate and adverse
jurisdictions at the same time.
( But it is replied, you are very tender sbou.
these rebels, while they are endeavorino ~
destroy the Union Of these States. re5eat
that | do not stand here, for the
purpose of defending them against anv
punishment or penalty which NAV he
lawfully inflicted under the Constitution Sof
my country. No, sir; but stand here 10 win.
dictate the supremacy Of the Constitution. be.
cause in shat only can see the preservation
OF this PEOPLE and the restoration of the
Union.
am opposed to ell who are opposed to this
Constitution, and hence am opposed to those
who are in rebellion against IT, You freouent
ly ask US why do you not denounce these rebels3
l answer, We do denou them. Iwould and
here, OF any where, and denounce this rebellion
day after day, and month after month. If
thought such course would save the Union
and bring peace to this bleeding country.
do denounce secession. Ii is unwar-anted
by the Constitution. l denounce those who
have organized and set on foot this terrible re.
bellion. But insist on il as Q public man. as
one interested 10 the maintenance of the Union.
and the preservation of constitutional liberty
that in putting down this rebellion, the Copaii.
tuition itself shall not be destroyed. | am for
standing by the Constitution of nv country
and its legal authorities, in every constitutional
effort TO preserve the Union, and maintain ita
just and rightful authority. But at the same
time, am opposed to any and all usurpations
which may be practiced upon the constitutional
rights of the people.
IL MIR. Lincoln may, upon the authority which
ne announced TO the Chicago preachers, do any
tning wnicn ne regards necessary to subdue
tue enemy' Wnere are the limits upon his ex.
ercise OF powera Who may set boundaries be-
yona winch ne may not 60, if the Constitution
which he has sworn to maintain ia TO be diare-
gardedf
Who ever dreamed, until the wear 1880 tbo,
there was contained somewhere in tho ConaI
tution, dormant power, which would author,
lze the President to issue proclamation to
emancipate three or four millions of slaves?
Do you, does any Statesman believe. that the
Constitution would have been adopted If there
had been the least doubt or suspicion In tho
minds Of those who framed and ratified the
Constitution, that such power could be claim
I'd under It in any contingenoy2 Does apy sane
man believe there 10 any such power within ths
provisions OF the Constitution2 But NAV be
answered, the exercise of this power is mill.
iary necessity; that the power may be exercised
when the nation is pressed By rebellion. Idsnv
Il. deny that there Ia any such power In any
department., or in all the departments of the
Government combined. The Constitution con.
Eains ell the powers necessary to meet every
and powers not delegated by the
Constitution, can not rightfully be exercised.
but are expressly reserved to the States and the
people.
believe that the proclamation was urged
upon the Presidsnt by those who were opposed
10 reunion Of the States on the old basis-l
believe 1t firmly, because IL the proclamation
we're carried out successfully there would be no
hope In the future for united people under the
Constitution.
Take the case of Georgia. On the frat of
January, 1853, you have declared all the slaves
within that State to be free. Suppose on the
first of April, 1868, Georgia proposes again to
return into the Union, on the condition that her
local laws and domestic institutions as tbev
we're when she attempted to secede. shall he |