The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1864-05-24


for other purposes, the President wa
authorized to declare certain States j
lnsurrection, whereupon all commereis
intercourse with the said States shoul
cease, and all goods or merchandise com
ing from said States or going therel
should be forfeited TO the United States
Again, by sections seven, eight, nine
OF act of July IL, 1869, to suppress in
surrection and for other purposes, pro
ceedings in rem are authorized to be in
stituted against the property withou
process against the owner, and the prop
erty condemned and Sold when II shal
be established that il belongs to per
son engaged in rebellion or who ha.
given aid or comfort thereto:
Such property shall be condemned q.
eneny's property, and become the property O
the United States. All slaves of such persons
found or being within any place occupied by
rebel forces, and afterwards occupied by the
forces of the United States, shall be deemed cap.
tics Of ,oar, and shall be forever free of their
servitude and not again held as slaves"
How enemy's property, if this is not a
civil, territorial war ? how enemy's pro.
perty if subject only to the municipal
laws of the United States ? How shall
slaves be deemed captives Of war except
by the laws Of war? Such property is
enemy's property and slaves are cap
tiyes Of war by virtue of the laws Of war
applied to hostile belligerent Power.
The President of the United States, by
numerous acts, has treated the States in
revolt as public enemies. By proclama-
ton Of August l6, 1861, he declared
the rebel States in a state of insurrec-
lion, proclaimed non.intsrcourse, and d.
rected the seizure of vessels belonging
TO citizens Of said States, together with
their cargoes and that such property,
when seized should become forfeited to
the United States. In this proclamation
the loyal and disloyal in those States are
treated alike.
Again. by proclamation, in pursuance
of law, on the lst day of July, 1869, the
President declared certain States in in
surrection and rebellion whereby the civ.
il authority of the United States is OBJ.
structed, DC. not individuals in rebel.
lion, bu, States in their organized capac,
ity as States.
Again, the President, by proclamation
on the 22d Of September, 1869, de.
clared
F" That on the lst day of January, 1863, all
persons held as slaves within any State, or de-
signated part Of State, the people whereof
shall then be in rebellion against the United
States, shall be thenceforward and forever free "
And again. by proclamation on the lst
Of January, 1868, these slaves were de-
clared absolutely free. This great act of
Justice TO an oppressed people is sustain
ed upon the basis that the people, in their
corporate capacity as States
are in rebellion that they are to be
treated and held as public enemies
Whatever the effect of this proclamation
it operates alike upon those sustaining
The rebellion, and those still adhering to
the Union. 1t takes effec, upon the prin
ciple that this is territorial war that
its /" boundary is ked by lines Of bay
onets that these designated States and
parts Of States" are held in possession
BY an organized. hostile and belligerent
Power and that all the people within
his hostile boundary are by the laws of
war enemies.
The amnesty proclamation proceeds
upon the same principle, 1t assumes
the right Of the Government TO impose
such conditions upon this conquered
people AS Congress and the Executive
may determine. The President has pro
posed such conditions as to him seem
just and liberal toward those who are
willing TO come back into the Union.
One OF these conditions requires a mod
ification Of the State constitutions SO as
to prohibit slavery.
Ii our right is conceded to impose
these conditions, the same gran. OF pow
Or would authorize the Government TO
impose any further conditions that may
be necessary to secure the permanent
peace and prosperity OF the whole coun
Try, and that may be necessary to guar.
autee TO every State in this Union re
publican form of government" This
power is further recognized and enforc.
I'd by the President in his letter Of in.
structions TO Gen. Steele, in Arkansas.
He says:
" That 10 be assumed at the election, and
that the constitution and laws
of the State. as before the rebellion, are in full
force, except that the constitution is SO modified
as to declare that there shall be neither slavery
nor involuntary servitnde. except in punish
ment for crimes whereof the party shall have
been duly convicted"
Substantially the same instruc tions
were issued 10 General Banks. This
suggested modification implies that the
complete control Of the reorganization OF
a State in rebellion rests in the General
Government. Ii this condition can be
imposed, other conditions may be, or
new constitutions. republican, in form,
may be required before any State In re :
vol, shall be permitted to 10 enter the
Union upon an equality with other
States.
The law defines what acts are neees
sary 10 convert domestic insurrecton
into civil or public war. When the
courts are obstructed, when the civil law
caanot be administered. when hostile
forces confront each other on The battle