Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-12-09


Of nations. aud then proceeded n state the ques-
ton whether the principles Of that law. by which
Ne must be bound If ve mean 10 follow any rule
vha'ever. will not obligc us 10 abstain from
transcendins the limit. OF the Federal Constitu
ton by the acquisition Of powers aud authorities
not embraced II that instrument
Is. then. the proposed scheme Of coDquering
the southern States aud treating them rs con.
quered countries capable Of being reconcilei with
rules Of the law Of nations which govern the con
duct Of sovercigns IN civil wsrsf Or. TO pro.
pound this question in another FORMS soser-
eign in dealing with rebellious provinces or their
inhabitants at liberty 10 act without regard %
the limitations which his own municipal law AZ
fres 20 his authority, and 20 assume and exer
else those full belligereni rights which accrue 10
a copq1eror who has seized and detached por-
ton OF the territory Of another nationY To this
question conceive that there be but
answer given by any jurist or publcist who uu-
derstands the system which governs the rights Of
sovereigns and subjects, and who has the slight
est regard for the moral laws on which that sys
TEN l. founded
We take u 10 be an indspu,able principle OF
the modern law OF nations that a sovereign who
has occasion Ia assume n belligerent attitude to-
ward portion of his own dOminions, for the re-
covery Of his legitimate authority. Is restricted TO
the restoration OF that authority the result Of
his exercise of belligerent rights. IL his own
sovereignty is one of limited character, while
he may exercise all the ordinary rights OF a bel
ligerent during the progress Of hostties in order
to restore his rightful authority, he cannot at
the end Of those hostities legitimately compel
the revolted province to submit 10 unmite
sovereignty of his dctaton. His military con-
quests differ in this respect from those OF a SOW.
eregn who wages war against foreign country
The latter has the right to acquire. as a legal
consequence of his victory and possessions, the
POLITICAL allegiance of the inhabitants OF the con-
quered territory. and may impose such govern
ment as he pleases, saving, however the rights
of private property. Tn c former fights for the
recovery Of rights that have been withheld from
him: but he cannot superadd to these any rights
which he did not before possess. Nations in
other words. do not "eoBquer" their own domin
ions. ia the full sense aud with all the conse-
quences of Conquest" when they have occa
sion to repress unlawful or rebellious comb
nations against the sovereign power. any
more than they conquer" individuals whom they
punish by force. through the action of their pub
lie tribunals. for violations Of law. They may
use belligerent rights while the civil war is going
on. but they do not merge their sovereign rights
or their sovereign character in the belligerent
capacity, but their sovereign character remains
just hat it was. no more and no less, when the
contest is ended and the belligeren capacity no
longer required.
From the principle which rendered it necessary
to terminate civil war bv an amnesty, when the
sovereign has prevailed far TO compel the
insurgents to sue for one. il follows that he can
not demand more than a submission TO his lawful
authority as il existed when the civil war began.
He cannot make il n condition of terminating
hostillties on his own part that his rebelious sub
jects shall, as body or community, forfeit all
their political rights and submit TO him as for
egn conqueror for this would be the exact oppo.
site Of an amnesty. When they are ready TO Law
down their arms and TO submit to his lawful
authority, he Is bound to grant an amnesty, with
such exceptions as TO individuals as he NAV see
fit to make one of its conditions lie is bound to
grant it, because the amnesty is granted in his
own interest--because it becomes the means of
restoring aud preserving his authority and be
cause the limits Of that authority are the limits
OF what he may rightfuly exact.
There is also a further principle in reference to
the termination of a civil war bv an amnesty
which is not To be overlooked An amnesty sig
nifes a complete Oblivion OF past offenses and
sets aside all the legal consequences of rebellion
Ii may be granted by the successful sovereign,
of his own motion, or IL may be stipulated for by
the insurgents as condition of their submission
When the latter is the case, the sovereign is
bound by his agreement: for although there have
been instances in former times in which such a
greements have been dsregarded by sovereigns
and the principle has been proclaimed and acted
upon, that compacts between sOyeregns and reb-
eli subjects void voidable. it has been well
said 10y an eminent foreign writer that Gin the
present day no civilized Overnment would dare
10 profess such principle
In the same way il follows from the nature of
civil war. such that in which we are engaged
that the party claiming sovereignty over the
other party TO the war cannot convert that war
into foreign war. and proceed to make terrific
rial conque>ts A. of the territory of foreign M
ton. without admitting that other party to be. in
law as well rs in fact. independent beiligerent
power. Military occupation of portions or of the
whole the insnrgent country may be necessary
in civil war; bnt like all the other incidents OF
the belll gerent character assumed bv the Sover-
eign tor the purpose of compelling submission to
hs authority. this kind OF occupation has speci
al and limited and general and unlimited pur
pose IL Is not territorial conquest drawing
after II all the consequences which attach 10 the
occupation and possession OF portions of an enc
my's country IN foreign war In order 20 make
those consequences attach 10 military occupation,
4 - necessary not only TO continue the bellicer
emf character. but to lay aside the pretensons
and claims of constitutional sovereignty and to
put on the character of n bcigerent waging a
foreign instead ola civil war: tor there is a broad
distinction between the bellgereni character as-
sumed by a sovereign against his insurgent sub
lects, aud the belligereut character assumed by \
sovereign IN a war with another sovereign In
the latter character. We have seen. territorial
conquests can be made: in the former they can
not be
Are tle people Of the United States then. pre-
pared TO admit that the people of the seeded
States are foreign nationsy II so. we must 60
back 20 the act or acts which they claim TO have
severed them from the Union. and must acknowl
edge the validity OF those facts aud must give IN
our pretensons and claims OF institutional soy
eregnty over the inhabitants of those States
We must either Adhere To the theory on which
We began the war. must abandon il We
cannot SIT upon two stools. or halt between two
opinions. We cannot claim that We are out OF
the Union because we put them out. We mus
either admit that they took themselves out of the
Union. or must deny that the facts hid any valid
ity or in any way CD tngei their relations to IN,
Federal Government. We must thel eiore de-
liberatcly look in the face al those consequences
which will attend the ADDS, ion ct the theory that
We are 10 end this war by the conquest aud pOlit
ical subiueation OF the southern States: impos-
ing upon them the character 81 conquered cOun
tries. demanding changes IN their internal polio,
~ conditions of r. adm ssions into the Union ~
keeping them out OF the Onion rs territorial ane
sugugated provinces
The first consequence 70 be considered is tina
such m Affirmation of the principles OF secession
by the people OF the United States will work N,
most disastrous results 10 thc.r future condition
II would establish the doctrine not only that
-. A. f.. i. ff,t,r 49, ~,