The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1864-01-21


tiou,' aud IN the discharge of this sol,
emn obligation, he may rightfully excr,
else all the power iahereut il the peo-
pie, whose agent he is; and that he may
do this, they have made him Commander
ln-Chlef of their army and navy, and the
Constitution is the warrant OF his ep.
polntment. To holl, that when called
upon to ''preserve, protect and defend
ths Constitution, to the best of his
ability he is rescrictcd to the mere let.
ter of his civil authority. is to deprive
HIM OF the very means of discharging
that high duty, and make the Constitu,
ton, thereby, the weapon of its own de,
strnction.
The Constitution is neither war
making nor war prosecuting document
1t empowers Congress to declare, and
tho President to prosecute war, as the
honor of the nation and the cxigcncies
of the case may demand. 1t undertakes
neither to inform Congress when, or in
what case war may be declared nor the
President the manner of carrying it en-
Having made them judges of the situa-
! uon, 1t leaves the details of war to their
intelligent patriotism and sound discre.
ton.
Wherein has the Constitution been
violated, and whose rights have been
subverted by the Federal Government
The loyal States have no reason to com
plain, and do not, for the people thereof
having SAID at the beginning. that the
rebellion should be put down, become .
party to the war; and after long hear
ing, and full understanding of the case,
they have returned verdict, maguif-
cent and overwhelming in it's proportions,
that the Administration was not 9uiity
of the charges preferred against it. The
people of the insurgcnt States have no
right to complain; for having renounccd
their allegiance to the Constitution, lev.
led war against it adopted Constitution
and Government Of their own, and claim
ing recognition as separate and indie
pendent sovereignty, they have assumed
the attitude Of bclligcrents to the FEEDER
al Government, and thereby ackuowl-
edged themselves entitled only to bclig-
erent rights, Every right which, as cit
liens of the United States, they possess.
ed under the Constitution, has been vol.
UNFAIRLY abondoncd, and forfeited, by
the rebellion. These rights can not, and
should not be restored to them, until
they shall lay down their arms, submit
to the jurisdiction of the Federal Gov
ernmcrt, and obtain pardon for their
treason. In every sense of the term
they are enemies to the Constitution to
our Republican Government, to liberty
and humanity, having but single con
stitutional right left. that of being dealt
with according to the laws Of the land.
for the atrocious crime they have com.
mttcd. No other people Or nation upon
the face OF the earth, could have com
mtted so high crime against this Gov.
crnmont and It's flag. And low, while
standing as the fragrant, deadly enemies
of the Constitution, with their hands
uplittcd at the nations throat. we are
told that their constitutional rights are
unlmpalrcd, and as substantial as when
they were law abiding and peaceful sub.
jccts Of the Government Thus we are
| asked to G i've immunity to crime, by cx.
cul pating the criminal
As enemies and bclligercnts, to what
rights are the insurgcnt States entitled ?
The Constitution being entirely silent
upon this subject, we must resort for in.
formation, to the laws Of war, as cstab-
llshcd and recognized among the nations
Of the world. The eminent writers up
on this subject agree in saying, that in
war we may do any act not forbidden by
humanity or the laws Of nature, which
may harrass or weaken our enemy. We
may confscste his property of every
kind, and appropriate it to our own use,
for the double purpose of diminishing
his strength aud augmentng our own.
We may capture and detain his soldiers,
and take their lives if we can, in legi,i. /.
mate combat. All this we are allowed
to DO, because it is ght which belongs
to every nation at war, is derived from
and attaches 10 state of war. These
well established and fundamental princi-
Piles, have been recognized by our Gov
crnment in its intercourse with other
nations, sustained by repeated decisions
of the Federal Courts, and never denied
or doubted, except during the present
war, by certain northern politicians, who
have throug hout, manifested more inter
est in the rebellion than love for the
Union Of these States. And it is proper
here to remark that the character of bel,
Iigcrcnts, has been given to the insur-
gent States by the legs lativc and execu-
tive departments Of the Government;
that we have so treated them during the
entire war, and that this action has been
sustained by late well considered opin-
ion of the Supreme Court Of the United
States, in case fully and far y present.
ed. This question may, therefore, be
regarded as settled, so far as the action
Of this Government and people, can settle
apy question.
IN Io tfrSt Lc A.