Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1864-02-03

better Judgment and maturer experience ,
Of others, are not germane to the subject
before the House. In the wide range OF
discussion the various theories Of the le-
gal and political status Of the rebellious
States have been examined-whether they
exist any longer ss States, whether they
are in the Union OF out Of it. 1t Is per
hsps necessary that we take ground upon
that question ss preliminary TO the dis
cussion Of the resolution itself. Two the
cries. differing widely from each other,
have been proposed; but l cannot con
slider either Of them ss wholly correct.
cannot agree with the distinguished gen
tleman from Pennsylvania, Mr.. S.evens]
who acknowledges that these States are
mt Of the Uninn and nnw nnnstitnts
se-eiEu people. Nor can /, on the other
hand, agree with those who believe that
the insurgent States are not only in the |
Union, but have lost none of their rights |
under the Constitution and laws Of the |
Union.
Our situation affords singular parallel
to that Of the people Of Great Britain IN
their great revolution Of the seventeenth
century. From time immemorial 1t was
the fiction of the English law that the
kingship was immortal, hereditary, and
inslieneble; that the king was 'king by
the grace of God y he could do no wrong
and his throne could never be vacant. But
he logic Of events brought these sUss-
tons to 8 practical test.
James left the throne, threw the great
seal Of the nation into the Thames, and
fleeing from his own people took refuge
in France. The great statesman Of the
II l. 4,.aNhnr m
of the very questions which we are dis.
cussing to-day. One said, "The king has
abdies ed. and we will put another in his
place" The men Of books and BLACK let
ser learning answered, "1smo est feres
uivsrdi !" 'the king is alive, and can have
| 40 heir" Another said, ave will ep-
point regent and consider the kingshlP
in sbeyance until the king returns" The
people said, awe will have king, but not
James"
Through ell this struggle two facts were
apparent; the throne was vacant and
their king was unworthy to fill it, and
they filed il with the man Of their choice
We sre taught by this that whenever
great people desire to do thing which
ought to be done, they will find the means
of doing it. In this Government we have
thrown eff the kingly fiction, but there il
another which we are following as slsV-
isblv as ever England followed that
! here, corporations are more than kings
IL is the doctrine Of our common law M
we NAV be said to have common law
that corporations have neither souls OF
copsciences; that they cannot commit
2 crimes; thst they cannot be punished
? | and that they are immortal These prop
ositions are being applied to the reoeI
ga Slalss. j1e LEY are & Sot P Po' ',siO-7
. they are immortal; and cannot be touched
: bv the Justice of law, or by the power
f an outraged Government. They
hover around our borders like mslig
, nsnt bloody fends, carrying death Ii
thoir course; and yet we are told they
? cannot be punished or their ancient right
The people Of the South, under the dt
, rection of those phantom States, are NOV
ing the powers Of earth and hell to de
stroy this Government. They plead th
,rder OF their States as their shield from
F puuishment, and the States plead the i'm
? / mu. ity Of soulless corporations.
But the American people will not b
ieluded by these theories nor waste TIM
in discussing them. They will strlk
r | through all shsms with the sword, an'
, ind practical solution as England did
, And what is the practical solution2 Th
Supreme Court Of the United States hs
: hglped us at this pointin one Of the prizt
,ases decided March Sd, 1868. II is Their
J decided in effect
GTbat since July Is, 1861, the United
States have full belligerent rights agains
all persons residing in the districts de
eIsred by the esidenfs proclamation Il
be in rebellion"
=. That tns laws Of wsr, whether tina
D war be civil or iHter eeHtss, convert ever
? citizen Of the hostile State into puoll
enemy, and treat him accordingly, what
ever may have been his previous conduct.
That all the rights derived from tn
{ laws Of war may now, since 1861, be law
fully snd acknowledgements agalns
4 all citizens Of the districts in rebellion"
They decided there that the ssme law
Of wer which spply to hostile foreigl
States are to be applied TO this rebellion
But in SO deciding they do not decide ths
e the rebellious States are therefore Tor
= eieu people. I do not hold it necessary I
admit that they are foreign people. d
not admit it. l claim on the contrary tha
u the obligations of the Constitution stil
10 hang over them but by their own act
b rebellion they have cut themselves o
4 from all their rights and privileges unde
: the Constitution.
II When the Government Of the Unite
States declared that we were in state
= war. the rebel States came nnder the law
Ie Of war. By their acts Of rebellion an
ie they swept sway every vestige OF thei
3 civil ard political rights under the Const
le tuition of the United States. Their obligs
g, tions still remained; but the reciproc'
!, rights which usually accompany obigs
d ti9ns, they he'd forfeited.
Of Ths question then lies open before Us
re In state Of war, under the laws Of va
c. is this resolution legal and polite II
lt sist, Mr. Speaker, that the question inVol'
ts ed in the resolution bsfore this House
D. whether this Government, in its exerci'
Of of its rights of belligerent under tt
es laws of war, cannot punish these rebe
Sc and oonfiscata their estates, both persons
be and real, for life and forever. That is Il
a. only question before US.
be Gentlemen have lesrDedly discussed Il
I'D constitutional powers Of Congress TO pul
nd ish the crime Of treason. 1t matters n
i'll how that question is decided ; it has I
al bearing whatever on the resolution befO
re- the House. ! will only ssy in PassiI
that the Supreme Court has never decid'
that the clause Of the Constitution relatiI
to treason prohibits forfeiture beyond Il
pt lifetime of persons atteinted. No man
: this House las brought decision of q
u Supreme Court giving the rendering to &
lie Constitution which these gentlemen on t
other side Of the Ch 4mber have given to
Ict They can claim no more than that Z