The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1864-02-05
Law on the Side of Liberty.

Law on the SlQo Oh AlOcfIys
The following simple and evident pro-
positions, stated by one of the clearest
lawyers of Boston in note to the Boston
Advertiser, show how abundantly the
government is fortified, by constitution
and law, in its past, present and prospec-
tive treatment of the rebellion and the
questions involved in it. They will help
those who sickle for forms and prece-
dents, even in high revolutionary times,
to sustain the cause of the government
and of liberty:
I. By the constitution of the United States.
every inhabitant of the United States owes di-
rect allegiance to the United States; and this
allegiance is paramount to his duty to any
state or individual
II. The constitution uniformly treats slaves
as persons owing servitude, never as property;
for the reason (avOwed by more than one of
its principal framers) that it was thought
wrong to acknowledge that there could be
property in men.
III. By the law of war. one beligerent NAV
obtain assistance from the subjects of the 9TH
er; and may hold out such inducements. not
tending to violation of the rules of civilized
warfare, as may be best calculated to secure
such assistance
". Where the subjects in question are
slaves, the promise Of their freedom is eminent
ly just, best calculated to secure their assist
ance, and sanctioned by the law and practice of
nations.
V. The promise need not be made upon the
express condition that they shall actually take
up arms, or come within the military lines of
the power making the promise; but may be
absolute and unconditional, in which case its
effect will be limited only by the military lines
OF that power during the war, and by the
boundaries of the territory held by him after
the peace-in other words, by his power to
fulfill his promise.
vi. The existing rebellion has produced q
state OF war between the United States and the
rebels, in the conduct of which the United
States, by the law of nations and under the
constitution, have all the rights which they
would have in waging war against foreign
nation.
VII. If in civil, as in foreign war, way.
ing war carries with it the power of negotiat-
ing terms OF peace; and (Which the policy of
the government and the spirit of the people
alike seem to forbid) terms of peace should be
negotiated by the government with rebels in
arms one of those terms must be emancipa-
ton OF the slaves to whom its faith has been
pledged.
VIII. In time of peace, the rebellious citi-
zens of the United States were subject to the
civil authority only of the federal government
under the constitution, including the exercise
OF that authority by statute. But while and
where a state of war exists, they are subject to
the equally constitutional military power Of the
United States, including the exercise of that
power by military order.
Ia. The state of war produced by the armed
rebellion cannot cease, and be converted into
state OF peace. at the mere word of the reb-
els but only by their actual subsection to the
military n no Init
out the whole territory from which it has bcen
excluded
i X. Wherever the arm of that military mower
reaches, the proclamation of emancipation
takes effect; and if the war shall end by mill
tarv occupation OF the whole southern terrific
ry. all the slaves therein will be titus freed
Al. In the one case the terms of peace in
the other the proclamation of emancipation
VIII be lawful act of the government under
.he constitution OF the United States, and must
DE respected as such by all courts of Justice af-
ter the peace
s, XII L. If rights claimed by any person under
garded by the courts of airy State, Or by any
INFERIOR court OF the United States, writ of
error VIII lie 10 the supreme court of the Uni
TED States. whose decision in that as i'm all
other cases, In time of peace must be final.
CONGRESS has under consideration the
question Of establishing money order
system in connection with the Post Office.
If We understand the matter, it contem-
plates that any person desiring to send
money by mail, can deposit it in the Post
Office and take an order or draft on the
Post Office where it is desired to be sent.
Its chief advantage will be the speed, safety
and cheapness with which money can be
transmitted 1t is not SO important. how
ever, as it would have been before the ex-
cellent system of expressage which pre-
walls was established. The Post Office
money order system has existed in Eng