Evansville daily journal. (Evansville, Ind.) 1863-1866, 1864-06-11
Law on the Side Of LIherlr.

The following simple aud evident pro-
positions. stated BY one OF the clearess
lawyers Of Boston, in note to the Bos-
ton, AdrsrtlssT, shows how Abundanslv
the Government Is fortified, By Coastitn-
ton and law, in its past. present and
prospective treatment Of The rebellion
and the questions involved IN il. They
will help those Who sickle for forms and
precedents even in high revolutionary
times, 10 sustain the cause Of the Gov.
ernment and Of liberty.
l. By the Constitution Of the United
States, every inhabiiant Of the United
States; and this allegiance is paramount
10 bis duty to any State or individual
IL The Constitution uniformly treats
slaves ~ persons owing service, never as
property; for the reason (avowed By
more than one OF its principle framers)
siat il was thought wrong TO acknowledge
that there could be property in men.
III By the Law Of war, one beligerent
may obtain assistance from the subjects
Of the other: and may hold out such IN
dacements, not tending to violation Of
the rules Of civilized warefare, as nav
be best calculated to secure such assis-
sauee.
". Where the subjects 10 question
are slaves, the promise Of their freedom
10 eminentig just, best calculated to se-
cure their assistance, AID sanctioned by
the law and practice Of nations
V. Promise need not be made upon
the express condition that they shall act
uAlly take up arms, or come within the
military lines of the poweF making the
promise: bat may be absolute and uncon-
ditional, in which case It's effect will be
limited only by the military lines Of that
power during the war, and BY the boun.
daries Of the territory held By him after
the peaee--in other words, By his power
10 fulfill his promise.
vi. The existing rebellion has produe
ed = state Of war between The United
States and the rebels, in the conduct Of
whieh the United States, By the law Of na.
tons and under ghe Constitution, have al
the rights which they would have in wag.
ing war against foreign nation.
VII II in civil, IS in foreign war,
wagiug var carries with is the power Of
negotiating terms Of peace. and (which
the policy Of the Government and the
spirit Of shs people alike seem to forbid)
tsruH Of peace should be negotiated By
the government with rebels 10 arms; one
Of these terms must be emancipation OF
the slaves, to whom is faith has been
pledged
VIII In time OF peace, the rebelliens
eisiEena Of The United States we're subject
70 The civil authority only Of the Federal
Government under the Constitution, ia
Guiding the exercise Of that authority By
stalute. Bat while aud where state Of
war exists, they are subiect TO the equally
constitutional military power Of the
United States, including the exercise Of
that poser BY military order.
TX The state Of war produced By the
armed rebellion cannot cease, and be
spusertsd into state Of peace, At the
ers word Of the rebels, bus only By
eir actual suhjeetion to the military
wer Of the United States throughout
be whole territory from which it has
been excluded
X Wherever the arm of that military
Et"NA tta@&N1f Att1 fA@%tAsaAtttt ~ NaA AA-
cipation takes effect; and ifths var shall
end by military occupation Of the wkols
Soashern territory, all the slaves therein
will be thus freed.
Xl In the one case the terms Of peace.
10 the other the proclamation Of emanei-
patton, viii be lawful act Of the Gov.
ernment under the Constitution Of The
Irnftad States au3 .xuaf ha rasnartad ns
such by all courts Of justice after the
peace.
XII. re rights claimed by any person
under such an act Of the Government
suali be tiisrsgarded by the courts Of any
State, or by any inferior court Of the
United States. 3 writ Of error will lie TO
the supreme Court ofIhs United States,
whose decision in that, as IN oil other
cases, in time Of peace, must be final