Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1864-02-26

1.-THE POWERS OF THE GOVERNMENT
/ OVER THE REBELLTOUs STATES.
An Eloquent Vindication Of the Presidenf.
Policy. ,J u
In the House of Representatives, on the 9th
instant during discussion of the Presidents
Message, Mr.. Isaac N. Arnold, of Illinois, de-
livered a telling speech on the powers of the
government over the rebellious states, and in
vindicatiOn of the Presidents policy.
Mr.. Arnold argued that as we are on the eve
of universal emancipation, where we cannot 60
back and must not halt, slavery must die; and
that the sooner it dies the sooner we shall have
peace; and then proceeded to consider the
question, How shall slavery be exterminated3 Q
He answered the question thus:
aFirst-I reply, in the border states, by the
action of the states themselves This action will
be speedy and decisive.
@Second-In all the territory in rebellion
slavery has been already substantially abolish
ed by the Proclamation of Emancipation. Con-
firm by Congress this proclamation by prohib-
iting its establishment and abolish it N that
part of the rebel states not included in the prod
lamation.
Third-Slavery being thus everywhere
abolished, amend the constitution, prohibiting
its re-establishrnent or existence in every part
of the United States"
he claimed that the government has the pow
er in time of war, as a war measure, to abolish
slavery wherever and whenever it may be nee
essary to secure the success of the war; and
contended that independent of all theories
about state suicide or territorial condition, the
power to govern states in rebellion and to re-es-
tablish republican governments must exist
somewhere. and that the Executive and Con-
gress actually possess that power he enforced
this argument as follows:
POWERS OF CONGRESS- AND THE PREsIDENT.
81 call attention to the fact that there is no
government in this rebel territory except the
despotism of Jefferson Davis. There is no state
government there. There is no republican gov
ernment there. The loyal citizens of that part
of the Union call upon us to fulfil the eonstitu-
tional guaranty OF giving them rePublcan
form of governments.
Whatever it is necessary to do to execute in
their favor this constitutional guaranty, Com
gress and the President may rightfully do
| The right to crush armed resistance to the con-
stitution and laws, and for Congress to make
and the President to execute such laws as will
result in the establishment of a republican gov
ernment, is then clear. But this right to coerce
into subjection and govern, until obedience and
loyalty shall resume their sway all territory and
states in rebellion is not left to inference nor is
it dependent only on those parts of the constitu-
tion to which attention has already been called.
The constitution also provides that Congress
shall have power to grovide for the common de-
| fence and the general welfare.
Congress also has power to make all laws
which shall be necessary and proper for carry
| ing into execution the foregoing powers, and al
other powers vested by this constitution in the
government of the United States, or in any de-
partment or officer thereof
aNow, the President is an officer of the Uni
ted States, the ecommander.in-chiefo of its armies
and it is his duty to suppress rebellion, repel
! invasion, and maintain the constitution every
where in the Union, and carry out the guaranty
to each state of a republican form of govern
ment; and this he is to do, when necessary, by
force, by war, subject to the laws of war; and
Congress has full power to make all laws neces-
sary and proper to carry out and into full exc
eution these war powers of the government, in
cluding the well-established belligerent right
of emancipating slaves.
THE EMANCIPATION OF SLAVES.
"The constitution provides that the United
States shall guaranty to every state in the Un.
lion a republican form of government Con-
Igress has the power to do everything necessary
to make good that guaranty. If the emancipa.
ton of slaves in the rebel states viii tend to the
establishment Of republican form Of govern.
ment in the states in rebellion, who can deny
the power to emaucipate7 The government
so-called. existing de Jdcto IN the states in re-
bellion, is in antagOnism to the republican gov
ernment the constitution requires the nation tC
guaranty. 1t is the right and the duty of the
government to destroy that usurped and REBEL.
ious de facto government, and establish a re.
publican government in its place. In accom-
plishing this, if slavery stands in the way, may
It not be removed out of the way? Congress
under this constitutional provision, has the pow
Ter, and it is its duty, to make war upon the an
Iti-republican government now usurping power
in the rebel states. 1t has all the power to make
that war effective. Has the government tbs
right to make war without the right to use th'
means to make the war effective? Can the gov
ernment declare war, and is this mere barreI
right, a bTgdusn f,Ll1les? No; this, government
having the right to carry on the war, possesse
all the powers known to civilized nations t.
make war effective and among these powers i
the right to emancipate slaves.
: 81 assert, without fear of contradic
ton, that the emancipation of the slaves of a.
enemy is a well-recognized belligerent right
and would not be questioned by any well-in
formed person if we were at war with Spain
Brazil, or any other nation holding slaves. Ha
not our government the same belligerent rights
against the infamous traitor Davis as it would
have against recognized nation? Are the reb
els less public enemies because they are trait.
ors alsof Can we do that to a public enemy
which we cannot do 10 a public enemy and
traitorf In the case of the Hiavatha it has beer
distinctly decided by the Supreme Court tina
the United States have all the beligerent right
against the rebels II, then, the emancipation
of slaves is belligerent right, that right exists
in the government; it may be exercised by the
President, as it has been by the Proclamation o
Emancipation. 1t exists in Congress, to be ex
ercised If expedient by emancipating slave
and prohibiting slavery In all the territory il
rebellion. The right to emancipate slaves ha
been SO generally recognized as a belligeren
right that it will scarcely be questioned. Thi
lpower was exercised by Great Britain in tn
Revolutionary war, and in the war of 1912; ant
the right to exercise it was admitted by Genera
Washington and Mr.. Jefferson, and not contro
verted by any"
TMr. Arnold sustained this argument by ci
ting jefferson and John Quincy Adams.
vINDIcATIoN OF THE PRESIDENTS POLICY.
In conclusion, Mr.. Arnold eloquently vindi
Gated the policy adopted by the President re
marking
al cannot close without offering my tEibut'
of homage to that great man who has given d
the institution of slavery the hardest blows j
has ever received. Let Abraham Lincoln fnsl
the great work he has begun.
"The great objects of his life are to crush tn
! rebellion and eradicate slavery. His ambition
is to live on the page of history as the restore
of the Union, the emancipation Of his country
For these great ends he has labored and toilet
through difficulties and obstacles fully know
only to himself and to God.
1T has been the fortune of the Pres
ident to have his leading measures, however Sc
verely censured at the time of their adoption
always approved within a twelvemonth afte
! their execution. The Emancipation PrOclama