The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1864-08-13


rights do not deserve argument. A ref
erence to their own practice shows them to
be intentional falsehoods; and when .
thing which gives moral support to the en-.
emy in war, 10 shown 70 be Intentionally
false, It is just to conclude that it 10 q lie
intended to aid the enemy, and that it
shows traitor at heart, though Of q cow
ardly nature, which sneaks from the risks
Of the rebellion he is encouraging. es
That this is supreme National Govern
ment, 10 laid down as plain as language
can make it in the Constitution. That it
was 30 made in order to deliver the coun-
try from the evils of Federal Govern
ment, is known 70 every one who has read
the history Of the country. That the
pact Of the sovereign people, In contradis-
tinction to league of States, is shown not
only by the Constitution itself. but by the
debates in the Constitutional Convention,
in which the members who framed and ad-
vocated this plan Of the Constitution, de-
clared this necessity, and pointed out the
provisions to meet it. That the Constitution
was regarded by its trainers and oppo-
nents as creating . supreme National Gov
ernment, 10 shown by the debates in the
State Conventions upon the question Of
adopting it, in which it, opponents assailed
it as creating Nation and superceding q
Federation. Its opponents assai1ed it be-
cause il superceded just that kind Of Gov
ernment which the Democratic Party now
porters advocated It because it created Just
the kind Of Government which tho Demo-
cratic Party now cay it il not
But in the Confederation no right Of se-
oession was ever admitted. An attempt to
exercise it would have been accepted BY
all the States - . rebellion, and treated ac-
cordingly. The right to preserve the ma
tional boundary was held ~ strongly then
- it was asserted by the Democratic o.
tend Manifeeto, although 1t was not then
carried to the right to rob foreign nations
Of any territory that We wanted to COM
plete the symmetry of our boundary line.
Madison and Jefferson both asserted the
right to coerce the outstanding States to ac-
cept the new Constitution, II after q reason
able delay they still refused. Even were
We to degrade the Constitution to q league
Of nations for common government, We
still would not come to the right of seces-
sion. No Nation subject to the local right
Of dissolution, can discharge the oblig2r
tions of Nation. II would not be entitbed
to recognition as = national power.s It
would be nothing but disturber Of the
peace Of the world, and would soon come
to have its affairs administered upon by q
foreign power, on the ground thatit had no
stable or responsible government, just -
Mexico is being administered upon on the
same plea.
The National Government has the natu-
raj right Of self defense. The common de-
Tense il the FIRST principle of society. and to
say that the Government has not this right
would be to say that society has abolished
the principle on which it was organized
Our Constitution was made to subserve this
right. It does it completely by comforting
upon the National Government the power
to make war and to raise troops and reve-
nue. TO carry it on. The Constitution con-
fers the power to make and support war.
It does not undertake to provide any regu-
l1tions or limitations to carrying on the
war. Is gives the power to make war, lea
wing the acts which may be done in carry
it on to the necessities Of the case, subject
only to the common rules Of warfare rec
ognized among nations.
The Constitution contains rules by which
the supreme power Of the Government is
administered in time Of peace, and it care
fully protects the liberty Of the citizen; but
il contains no rules prescribing the conduct
OF the Government to lts enemies IN war.
II any authority more than sound sense
were necessary 70 show that when an in
surrection has spread into civil war,
which divides the possession Of the coun-
try between hostile armies. il is subject 10
the same rules, and the Government has
the same beligerent rights, as in public
the standard writer's upon public law, some
Of which We have several times quoted in
our columns. This common law Is also
confirmed by our Supreme Court
The Constitution prescribes rules be-
tween the Government and its citizens in
time of peace. Any proceedings against
them at that time must be by due process
Of law, and this law is jealous of the free
dom Of the citizen. IL prescribes no regn-
r~s <<.~ 11yf q
make and support war. leaving the man
ner il, which IL shall be carried on 10 the
,.,rnrnor rules Of war. The Constitution is
moi gy,ss,e,.s;ei in war. On the contrary.
il 1as authorized the war, anu every neceS-
sa-y act OF war is therefore con hssiss;ional.
frter e7aaa saeat lsges IS maxim mere as
IN every government. Il is not because
the law is suspended, but because the ciyi.
law, do not govern acts OF way. When
war superyanes. that is a law unto itself.
They who cons-oye-t this must maintain
that our armies can only be used as a posse
c2natiatus. TO support the service OF war
ran, issued upon indictment By grand
jury. and that II By this process we sue
ceed in capturing any indicted person, We
must Immediately deliver him for trial by
jury. and that all prisoners Of war taken
withnnf snch warrant, and held without
trial. are held in violation OF the Constitu-
ton. This. in q rebellion which carries
with it courts and juries, would be nation
al destruction reduced to the utmost "a
cility.
To find what acts the Government may
do in carrying on the war, We have only
to decide what il might do in carrying on
q war Of defence against foreign myaslon
or in q foreign territory. 1t may do the
same to the enemy in civil war, The
Government has both sovereign and pei
ligerent rights. The rebels have neither;
but they may have the benefit OF such con-
ditions Of warfare as for the sake Of human
operations Of war one Of the first is that
when civil war has divided the possession
Of the country and become TERRITORIAL
war, the armies Of the Government can re-
ccSnize no distinction of persons In the
district held by the rebellion, save only
friends and enemies.
To allow that We mus. recognize II az