Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1864-04-29

SuCu when nOStiiiticS became gen
efal, and the minority holding it became sue
from we 18th day Of July, 1861, the date q
tne passage OF what is generally called tn
non intercourse act" All the judges, how
sver, agreed that from that date the war be
came civil territorial war.
hat then are the rights Of those engage,
IN the rebellion from that date? This o,Ies
tion is fully and authoritatively settled b.
the same decision. 1t settles the principl
that from that date the Government was en-
utled to full belligercnt rights against al
persons residing in the district or countr,
declared by the Presidents proclamation /,
be IN rebellion, that the laws OF war, whethe
that war be civil war or war between indie
pendent nations converts every citizen O
the hostile State into a public enemy ant
treats him accordingly, whatever may hav,
been his previous conduct: that we ma,
rightlully from July 10, 1861, exercise nj
the rights Of war against the confederac,
and the citizens thereof.
Such being the Law. VI this country as set
tied by our highest judicial tribunal to de-
tcrinine the rights Of enemies, we have only
to refer to the settled principle of the law Of
nations. Some of these are very clearly sci
forth in the dissenting opinion of the judges
in the same case
A state Of war instantly converts the cit.
liens of the two countries into enemies to
each other. All intercourse, commercial or
otherwise, becomes unlawful. All contracts,
coinpacts, and treaties between them are an.
nuled. 1t terminates and annuls all oblga.
tons OF debt unless secured BY subsequent
treaty Of peace. A civil war works all of
these consequences. except that when the re-
bcllion is suppressed the sovereign may treat
the rebels as subjects and punish them as
tr,itors."
II must then follow that when the war be-
came civil territorial war, all Of the oblica
tons and compacts existing between the
confederate States and the Government as
against the citizens Of those States (they be.
ing encmies) were annulled and destroyed.
The moment these men became belligerents
and entitled to the rights Of war as against
themselves they ceased to he citizens entitled
10 tho rights Of citizens. They then forfeit.
ed their rights as citizens and became emit
tied only to the rights of enemies in war.
This forfeiture (Which AZ least continues
during the war; does not depend upon the
decision Of judicial tribunal, nor upon any
act Of Congress. nor proclamation Of the
President, but it follows as the certain and
inevitable consequence of their hostile posi-
ton against the Government. Nor can any
acts of theirs restore them to their rights as
citizens Having forfeited their rights with.
out any fault Of the Government, by their
own wrongful acts, they can only be restored
by the consent of the injured government
They are enemies, and must he dealt with as !
such so long as the war lasts, and until par
don is extended to them by the Government,
which may and should DO extended to the |
deluded masses. Any other principle would
work the greatest mischief and the most Sc |
rious consequences. If different principle |
were to prevail and govern them, the men |
engaged in this rebellion, with hands stained |
with the blood Of murdered citizens, loyal !
citizens, might fill our halls of legislation, |
and control the legislation Of the country
As enemies, the laws Of war have swept |
away their rights as citizens, and substituted !
the rights Of war. An enemy can have no
right to take any part in our Government
That does not belong to an enemy engaged !
in war against that Government "While |
the laws Of war destroy all claims of subjects !
engaged in civil war, they do not release the |
subject from his duties to the Government. |
BY war the subject loses his rights, but does |
not escape his obligations" Vattel says:
a civil war breaks the bands of society |
and Government, or at least suspends their
force and effect; it produces in the nation
two independent parties, who consider each
other as enemies, and acknowledge no COM
mon judge. Those two parties, therefore,
must necessarily be considered as thencefor- |
ward constituting, at least for a time, two
separate bodies, two distinct societies.
tS.rt NTs i, L., 4
blame in breaking the unity Of the Stats and
resisting the lawful authority, they. are not
the less divided in fact. Besides, who shall |
judge them? Who shall pronounce on which
side the right OF wrong lies On earth they !
have no common superior. They stand there
fore in precisely the same prcdicament as
two nations who engage in contest, and,
being hpabe to come TO an agreement, have
recourse to arms. y Vattel page 4o5.
1t would be folly and madness on our part
to treat these traitors who have made them
selves public enemies otherwise than as enc
mics. We cannot give them their rights as
they existed before this war, and at the same
time the rights of bellgcrents.
The two classes Of right are incompatible
with each other, and their rights as subjects
are inconsistent with a state Of war.
This position is due to no fault of ours
Though traitors, they are none the less pub
lie enemies; not foreign or alien enemies, as
claimed by the able and distinguished gen
tleman from Pennsylvania, but public enc
mics who, when the rebellion is crushed, the
Government may punish as traitors. They
have placed themselves in this position, and
while they claim all the advantages which
they are entitled to receive as enemies, We
must enforce against them all the diSadvan-
ages which logically pertain to such posi-.
ion. Based upon these principles, the Pres.
dent righfully, as war measure, issued his
proclamation.
The end OF war is to obtain by force the
nsticc which cannot be obtained otherwise,
md the law Of nations allows the means re-
3uisite to the end"
Allegiance and protection are inscparaLlc.
As long as the subject is true to his allegi.
ance the Government owes him protection,
whether at home or abroad but when the
subject withdraws his allegiance and support
which is due from him and takes up arms to
enforce such withdrawal, then the Govern
ment may rightfully withdraw its protection.
The Constitution is not in conflict with these
views. AS public enemies the rebels are out
side Of the Constitution. The war must be |
governed by tho laws Of war The Const:.
tuition furnishes no guide; il establishes no /
rules for the government OF nations at war
it fixes no standard by which we may deter
mine the rights of our enemies. How shall |
we treat these enemies? What rights are
they entitled to, ard what may we enforce
against themY These and all similar ques. /
tons are not settled by the Constitution, but !
by the laws Of war. The Constitution does ,
not alter the law of nations; it is not in con.
fiict with it. 1t is the basis of our Govern !
ment, the foundation OF our national life
and as nation we must be subject to the
law OF nations.
NECESSITY OF REORGANIZATION
The rebel States are without governments |