New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29


,i,,o, .no more il !, empowered 10 defend its own
re h. al ,,saus peaeef,! or warlike, which MAJ De
ooo.arx or nsueI or not if the government vested
Ia, ,h;s Intimate soycrcignty deems them to be neccs
.,-v In such struggle q struggle for existence the
var IL war of might The question: is simply ~hco
= Gro s,-onvcr. the Government or they who seek to
destroy III
Nm. moro of This presently. The Constitution con
ta,ps tho rules by which ths supreme and Ultimate
rwer Of the Nation is TO be oxerted in time OF pence
I'm, not in time ofwar This is frequently overlooked
and seems to have been signsl overlooked in the case
OF Gen Dix The Constitution provides the mode OF
conducting civil Government, in time Of peace and the
rules which are 10 be observed between the Government
and s citizens in peace. not between the Govern
ineut and its enemies in war. IT nowhere rrosorbes
how war is 10 DC carried on either against keb'is
or against other enemies, sagaust those who adhere
TO them and give them aid and comfort nor how i'eb'
ola shau be punished except that limits oreituros 10
,c period of the life Of the elon who has been gniy Oh
treason As TO the punishment Of this reasonable man
himself IL SAYS nothing, Int esyes Congress TO chnct
the remedy.
II tbs foregoing smasks are true il appears thai we
have in existence a war between Naiioanl Govern
ment and individual Rcbols. Some In open rehci'on
with arms In their hands, aided by many Rebels VINO
hive NOT taken up arms and especially so aided ny per
sons in sympathy with them IN tins eiiy. ihal 'ue
Government patiently and compassiona'e! cndea'oIou
10 nut down the Rebellion without the ue oil arms pu'
il was hually attacked and drawn into war; "'ncn
War Is now being conducted and that there Is no'hVig
in its Constitution directly prescribing how wr snai
be conducted The war then must be conducted nc
cordng TO the known laws Of war when the Constitu-
ton was adopted That is the implied rule and the
only one which well be adopted on that subject
Tho attempt to rr,neh from the Constitution. by Vio'
lence some OF it, provisions which were inserted ID II
rules cr The government of the Judiciary in admin
serng justice in time of peace, and appy them 70 the
events and crcs arising in time Of war and declare
TINT they Gre imperative and must always and under
all circumstances be obeycd such an attempt, repeat
IS ridiculous Inter silent i'grs il the true maxim
Amid the din Of war II is impossible to follow laws
framed for civil administration in time of peace.
Take the famous - Ch Mag. Charta for example. liz
substance IL provides that free man shall be deprived
OF property or liberty unless by the lawful Judgment OF
hs peers or tho low the land Does that oppy at all
time. snd under all circumstances Ies say The al
yocateS of this strange idea Well so, II IS Obvious
that Grant and all lis predecessors have strangely mis-
taken their duty. for according 10 that rule Grant
should neysr attack redoubt until he had summoned
grand Jury and had the Rebels indicted; never seize
Rebel and keep him imprisoned without tie Judgment
Of court: execute deserlcr VI spy until Urea
and convicted by Jury Of his The idea Is pre-
posterous But will examine this moro critically before
/ conclude
To resume In conducting this great war the PIes
dent must be governed by the laws Of war under
stood by civilized States when the Constitution wa'
an
how Il shall be conducted.
BY the terms Of the Constitution however,, W. sec
hat tho President Il the Commander in Chief q the
land and naval forces Congress has tho power d1e
gated to il ito declare war grant letters OF mSfqnc
and ropriss and make rules regarding captErcs on
land snd water" The Constitution further declares
that Congress has pOwer ITO raise and support armies
ito provide and maintain navy TO mako rules FOR
tho government OF these forces Ito provide for calling
forth the militia execute the laws Of tho Union. sup
rss iasgrrectiors and repcl irrosions and further
so provide for organizing arming and disclnips th'
militia and for governing such part OF them as mar b
employed in the service OF the United States who aF
TO be disciplined according TO the discipline prescribed
by Congress-
A glance NJ these powers will show tbs. the father
OF the Republic in framing the Constitution foT III
Government which by their wisdom they created. dc
signed that II shonld not DO poweTlcss fabric liable
DO blown orer By every wind OF faction. II was 10 b
stable government. and TO have power when occasion
demanded it TO call ont army for its defense And
how prev was this military power TO be usedi Was y
20 proceed according 10 dre Irocess Of lswi" Wa
il to make war through the intervention Of Crane
Jury TO present. ond Petit Jurvt tryt Away viii
such nousensei Tho civil government ceases u
exercise its powers JUS whore the military govern
ment bee;n. The law Of power, superior force
! then interyerCs and takes away The functions o
civil government and the military according TO TN
laws Of war. The maxim inter silent leges, then
begss its application and the military law is emphnt
eay the law of force because II prescribes as it, fun
damental rule that the mos, powerful shall govern.
alIws indeed preseribes that the oomInandeTin chic
shall his forces TO do the greatest possible
amount Of damage tc Lis enemy, 10 weaken him by a.
he in his power, and to destroy mpris0n al
Of bis cnomes If possible. and s property used b. hi
enoincs and to arrest al persons and take or destTo,
all property used Tor the aid and comfort Of his eneuios
Now Who is TO determine IN time Of war who enc
nies, and who give aid and comfort 10 enemie, VIA
property is used for the purpose OF gYng aid and
fort TO themi
Who for instance is q spyi who furnishes 10
enies or WHO furnishes them food or clothing or med.
cnesf Who but tf8 Commander Chief and h
alone without the aid Of the Civil Magistrate OF
Grand jury or Jury of his pcers, mus. dctermin
these questions II is necessary that they be decide,
speedily ald the intervention Of Court wouh be in
possible. You soy, perhaps he may so he may
But In the conflict OF arms when the nekirom OF bat
tie Is rsgngor In presence o. an enemy In actua
conflict i.would be impossible TO conduct an!
other princ;rlA
| Beside thls princiuLe "a reoogriIad by TIE Constu