The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1864-01-16

other army on tho face of the globe
This extraordinary power, It n ust be I'M
derstond, is called into exercise only from
state Of war, end cannot be e1erted ir
time Of peace.
by his oath of office, the Presia a1t is
sworn ito the best Of bie ability. 10 pre-
serVc, protect and defend the Constitution
and in the discharge Or this solemn olga
ton, he may rightfuiiy exercise IT, the
power inherent in the people, Thoee agent
he is and that ne may do this. thev have
made him Commandment Of their
army and navy, and the Constitution is the
warrant Of his appointment. TO hold, that
when called upon to "preserye, prote1 and
defend the Constitution, to the best ~ his
ability he is restricted to the mere letter
Of civil authority, is to deprive him o the
very means Of discharging that high duty,
and make the Constitution, thereby, the
weapon Of its own destruction.
The Constitution is neither war max
ing nor war prosecuting dOcument. 1t
empowers Congress to declare, ani the
President to prosecute war, az the honor OF
the Nation and the exigency of the case
may demand. 1t undertakes neither 10 in
iOrm Congress when. or in what case war
may be declared, nor the President the
manner Of carrying il on. Having made
them Judges of the situation, it leaves the
details Of war to their intelligent patriotism
and sound discretion.
Wherein has the Constitution been viola
ted. and whose rights have been subyerted
by the Federal Government The loyal
states have no reason to complain, and do
not, for the people thereof having said at
the beginning, that the rebellion should be
put down. become q party II the war and
after long hearing, and full understand
ing OF the case, they have returned YER
diet, magnificent anG overwhelming in its
proportions, that the Administration was
not quttty Of the charges preferred against
il. The people of the insurgent States nave
no right to complain; for, having re-
nounced their ALLEGIANCE to the CoIstitu
ton, levied war against il, adopted 2 Con-
stithtion and government OF their own, and
claiming recognition as separate and in
dependent sovereignty, they have assumed
the title OF belligerents to the Federal Gov
crnment and thereby ackno wledged them
selves entitled only to belligerent rights
Every right which, rs citizens of the Unit
ed States, they possessed under the Consti-
tuition. has been voluntarily abandoned,
and forfeited by the rebellion. These
rights cannot, and should not be restored
10 them, until they shall lay down their
arms, submit TO the jurisdiction of the
Federal Government, and obtain pardon
for their treason. IN every sense of the
term, they are enemies to the Constitution,
20 our Republican Government to liberty
and humanity, having but single consti-
tutiOnal right left. that Of being dealt with
according 10 the laws of the land, for the
atroclous crime they have committed. No
other people or nation, upon the
face OF the earth could have COM
mitted % enormous n crime against
this Government, and lis flag. And now,
while standing rs the ilagrant, deadly enc
mics OF the Constitution, with their hands
uplifted 1t the nations throat. we are told
that their Constitutional rights are unim-
paired and as substantial as when they
u of,,1 81
the Government. Thus We are asked to
give immunity 10 crime by ex cu'nating the
criminal.
As enemies and belligernnts, 60 what
rights are the insurgcnt States ertit'ad!-
The Constitution being entirely silent upon
this subject. we must resort for lGt5rma-
ton, to the laws Of war, as established and
recognized among the nations of the world.
The eminent writers upon this subject
agree in saying. that III war We may do any
act not forbidden by humanity or the laws
Of nature, which may harrass or weaken
| our enemy. We may contiscate his pro-
perty Of every kind, and appropriate it to
our own use. for the double purpose Of di-
diminishing his strength and augmenting
our own. We may capture and detain his
soldiers, and take their lives if we can. in
| legitimate combat. All this VIC are allow
cd 10 do, because it is right which be-
longs TO every nation 1T war, is derived
I rom anu aIlacnpS 10 IL Sldtc Oh W3I- 1noS0
well established and Fundamental princi-
pies. have been recognized by our Govern
ment in its intercourse with other nations,
sustained by repeated decisions OF the Fed
eral Courts, and never denied or doubted,
| except during the present war. by certain
| northern politicians, who have throughout,
manifested more interest in the rebellion
than love tor the Union of these States.-
And it is proper here 10 remark that the
character Of belligerents, has been given to
the insurgent States by the legislative and
executive departments Of the Gov eminent;
that we have SO treated them during the
entire war. and that this action has been
sustained by a late well considered opinion
Of the Supreme Court of the United States,
in II case fully and fairly presented. This
question may, therefore, be regarded as
settled, SO lar rs the action Of this Govern
ment and people, can settle any question.
During the first months Of this war. in
common with what / believe to have been
= decided majority of the people, both in
and out Of the army, INDUCED the hope,
and expressed the belief that il could be
successfully terminated without !. direct
attack upon the local institutions of the
South. The Government itself seems to
have entertained the same view, for q re-
markable tenderness characterized its deal
ings with traitors, and the war was prose-
| cuted during the first year, with eminent
success, upon the theory Of doing the rebel
lion as little damage as possible. Bitter
experience and observation, however final
ly convinced me as it did others, that slave
ry was not only 1.-THE corner stone Of the
Conteieracy," but was the poorer which
sustained, and the motive which i,rrelled
| the rebellion. Every negro that worked
with a hoe, or drove mule on southern
! plantation, was as much enlisted against
the Union, as the soldier who served with
his gun in the ranks of the rebel arm y: and
more effectively SO because the gr:iu upon
which our enemy subsists. renders him
more formidable than his shells or his bull
lets.
! Slavery stood like g mountain before the
| advance Of our armies, and couii neither
be avoided nor detied. 1t enabled The in
surgents to place their entire m'itorv force
in the field against us, and added moro
than one-half to their availabl. strength.
While slavery existed, treason had power
and object, and so long would the REBELLION
continue, and the war be protracted.
At the commencement or this rebellion.
the lour millions OF slaves inha biting the
Southern States, were peaceful and loyal
subjects Of this Governments; owing allegi-
ance to it, and aynenable to its laws. And