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

such obedience. If he refuses and rcsists he
commits crime against the Government.
and his State cannot release him from that
crime nor from its just punishment. No
State can release single Individual from the
power Of the jurisdiction Of the General
Government, and If one individual cannot be
released one hundred cannot, nor any other
number, however large. No individual can
sever his connection with and allegiance to
the Government of tho United States, nor
can he absolve himself from ths obligations
to obey the laws, and what one individual
cannot do in this particular no number, how
ever large, can do. There is no way IN which
individuals can be released from their obli-
cations to the Government but by successful
revolution. The rebel States as such arc in
the Union, and must there remain unless
successful in their rebellion.
AS it is crime FOR an individual to at.
tempt to sever his connection with the Gov
ernment, If States attempt 1t their acts are
void. States. as such, in their corporate CO.
pacity cannot commit crime. Though every
individual in State may commit treason,
and deserve TO be hung, the State cannot DO
punished. These States came into the Union
by tho consent of the General Government,
and they cannot 20 out without that consent.
inc the acts OF Congress a law will be found
admitting the State into the Union; also laws
establishing tho ports Of entry, collection
districts, courts Of justice, aud giving those
courts jurisdiction, and In great many 9th.
or respects there are laws upon our statute
books recognizing this State as one Of the
States of this Union. They are oil in full
force, unimpaired, as much in force to-day
as they were three years ago, SO Ear AZ this
Government is concerned, and they will re-
main in force until repealed by Congress-
The confederatcs could not repeal them. !
will not say that Congress may not repeal
these laws, and under the circumstances de-
clare those States Territories but 80 long as
these laws remain in force the State is in tho
Union and there can DO no such thing ~
State secession. They will by tho force OF
these laws remain States unless successful in
their rebellion
The acts Of these States against tho Gov
ernment arc void. We are prosecuting this
war on this very principle--upon the prin-
ciplc that the acts of this rebellion arc void.
! We are prosecuting this war to maintain the
| Constitution and enforce these laws. Wc
are prosecuting this war to retain the rebel
lious States in the Union and compel obedi-
ence to the constitutional authorities OF tho
Government. We must not repudiato this
/ high ground by declaring these States arc
not in the Union. To affirm that the States
are Territories we do this and destroy tho
moral force OF our position. Intimately con.
nectcd with this question we are led TO in.
quirc, in what relation do these States stand
| to tho Government. What are the rights Of
those in rebellion, and how shall tho govern
mcnts of these States be rcorganizcd aud res.
cued from rebel hands?
The rebel States are still in the Union, but
their governments have been unlawfully
seized by traitors and usurpcrs hostile to the
| Union, and therefore cannot be recognized by
the United States. ...
As already indicated their acts are totally
void, and not single man in all these States
has been released from his supreme allegi-
ance. The governments Of these States arc
suspended or in allegiance, and will thus re.
main until the loyal men through tho aid and
assistance Of the General Government are
enabled to hurl these usurpers from place
and power, and control their govcrnments.-
Then honest and faithful and true men will
take the place Of these usurpers peace, with
all of it's blessings, will take the place Of
war with all Of its fearful devastation; order
will superset!e confusion and anarchy, and
the Constitution and laws will assume their
rghtful sway and jurisdition.
The rebellion has assumed such proper
TORS and magnitude that it il no longer AT
insnucction, but a civil war. Upon this
point will refer to Mr.. Lawrepcc's recent
edition Of Wheaton's International Law. In
note on page 52a find tho following:
"a cieH ,rar Is when q party arisea in q
State which no longer obeys tho sovereign
and is sufficiently strong 10 mako head
against him, or when, in republic, tho ma.
ton is divided into two opposite factions,
and both sides take up arms Usage applies
the term civil war to every war between
members Of the same political society. Ifit
is between part Of the citizens on the ono
side and the sovereign and those wfyo obey
him on the other, II is. sufficient that the
malcontonts have somo reason TO take up
arms in order that the disturbances should
be called cici rar, md not rebellion. The
prince never fails 10 call oil his subjects who
openly resist him rebels; but when the latter
become sufficiently strong TO make head
against him, to compel him to carry on WAY
regularly against them, he must be content
ed with tho term ctuH ,car Civil war breaks
the bonds of society and Of the Government
it gives rise in a nation TO two independent
parties who acknowledge no common judge.
They are in tho position Of two nation who
engage in disputes, and, not.boing able to 70.
concilo them, have recourse to arms. The
common laws of war are in civil wars 10 be
observed on both sides. The samo reasons
which make them obligatory between foreign
States render them more necessary in the
unhappy circumstances where two exasper-
ated parties are destroying their common
country"
We ncod only rely upon elementary wri-
ters for law to settle this question. 1t has
received the careful consideration Of our own
Supreme Court, court distinguished for its
great learning and ability, and II has settled
this question beyond cayil or controversy
In decision made in prize cases at the De-
ccmbcr term, 1862, upon this subject, they
use tho following language: #
I" This greatest Of civil wars was not grad
ually developed by popular colnmotons, tu
multuous assemblies, or local unorganized
Instructions However long may have been
its previous conception, it nevertheless sprana
forth suddenly from the parent brain, Mi
nerya in the full panoply Of car. The Pres
dent was bound to meet 1t in the shape II
presented itself, without waiting for Congress
to baptiZc ii with o name; and no nam,
given to It by him or them could change ,h.
: fact.
at is not less civil war, with the bel
lgerent parties in hostile array, because II
J may be called an instruction by one side
and the insurgents be considered rs rebels OF
J traitors. II Is not necessary that the inde.
pendcncc Of the reyolted province or State bc
acknowledged in order to constitute It par.
ty beliigerent in n war, according to the law
Of nations" p BlaeA's Reports, p. Geo.
!. Here these rebels are treated as enemies
J enemies in war, engaged in An open war
According to the principle enunciated in thi.
decision these mer, mist he treatad and deal