The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1864-02-23

49,
rebels decline TO vote, then Q hundred loyal
mso ~wAo are The STATE" might neet and
choose els tors. The fsw loyal men srcun !
Fortress Monroe, or Norfolk. or Asxsndris,
and fsw clsansed patches 10 Louisiaus, be-
ing one thous sAnds d part Of the States, might
choose electors for THAR whole States.
The idea lha: the, loyal citizens, though
few, are the Stats, and 10 State municipalities
may oyerrale aud govern disIoyal millions, l
have not been able to comprehsnd. If ten
men fit TO save Sodom can elect q Governor
aud other State Officers for and against the
eleven hund,ed thousand Sodomiles in Vir
gini~, thsn the democratic doctrine that the
mxjorty shall rule is discarded and danger
ousIy ignored. When the doctrine that the
quality aud not the number Of voters is TO DO
eide the right to govern, then We have no
longer Republic, but the worst form OF des
potism. The saints ars the salt Of the earth
but the 'sal; Of the earth" do not carry the
elections and niaSs governors and presidents.
Within the State of South Carolina rebels
vote weighs just as much as legal voters. =
We may conquer rebels and hold them 10
subjection. aud legislate for them 40 con
qussed p ople; but it s n mere: :'nockery to say
that, according to any principle OF popular
government yet established, tithe Of the
resident inhabitants Of an organized State
can change i,s form and carry on government
because they are mostly holy or more loyal
than the others.
From all this the legitimate conclusion is /,
that all the people aud all the territory
will in the liuits of the organizcd States,
which, BY a legitimate majnIty Of their clti
2 ms, renounced tn, G sthulion, took their
States out OF tie Union, and made war upon
the Govern men, are, 40 far as they are con.
carned, gu jec to h. laws CT the Slate; apd,
30 far as the Uuited Safes Government is
conc rned, subject to the lava Of war and OF
nations, both whils TIE war continues an
when il shall be ended.
If tho United States succeed, how may
che treat the vanquished bellig renti N 9
she treat her precisely ss If she had always
been at peacei II so, then this war, on the
part Of the United States, has been not only
foolish hut very wicked one. But there
is no such absurd principles to restrain the
hands of the injured visitor.
BY the laws Of war the conqu,rer nay
eeizs and convert to bis own uss everything
that belongs to the enemy. Tas may be
done whils the war is raging to weaken the
enemy, and when it is ended tie things
seized may be retained to pay expenses Of tb
war and damages causeI by it. Towns cit
les aud provinces may be held as a pun sh
ment for an upju,t wa-, aud as security
against the future aggressions. The proper
ty thus taken is not confisca,ei under the
Constitution after conviction for tie ,son, but
is held by virtue Of the Laws of war. No
individual crime need be proYel against the
owners. Th, fact of being bell'gerent en".
my carries the forfeiture WITH Il. H,re was
the error of tho President when be vetoed
the couficatiou bill passed by Corgress. IL
the confusion of business he overlooked tie
distinction le:ween a traitor and q be;lige ent
enemy.
Vatlel, page 125, says:
Everything therefore, which belongs to
the nation, to the state, to the sovereign, to
subj io;s Of whatever age or rsex-everythiug Of
that kind, Issy, falls Jude, The Cescr ption Of
Thugs belonging to the enemy. As to land
ed estate. property of this kind does not
cease to he the euemy's property, though pos
sessed by neutral foreigner, since the owner
is res.d 90: in q hostile country" 1--WE have
a right to deprive our enoms of his po s'ion
Of everything which may augment his
strength and enabls him TO max, war. page
349..) "In 6ne, we seize on the enemy =
towns, bis provinces" DC.
am aware that a rosp 'ctab!s judge has
denied this d,,ctrins bec,use he says, mo
na.ion egsr makes suca conquest of its owa
territory" This is assuming fact which
does not exist. The moment power be.
comes an acknowledged belligcreut, IL is po-
liticslly the owner Of all tho territory within
the limits Of the hostile power. All the
lands and towns and people within such bour.
Diary, so Far as The contendipg parties ere con.
cerued belong to the belligersnt so far as the
laws Of war and Of tions touches them.---
The court in the prize csses says:
ut is no loose, unorgsnizsd insurrectioD,
having no defsped boundary or possession. /,
has a boundary marked by lines Of bayoncts
aud which can be crossed only BY force. South
OF this line is enemy's territory, because it IL
claimed aud held 10 possession by an organic.
ed hostile aHd belligeicnt power"
TIE same Judge first referred 10 very ircon.
steteutiy couuetHueu no id"tui P'Ao I" 'oo"
sscl captured by one Of ou. vessels. Why
did he not say, This property cannot be
held, il belonged to ono Of our citzens!'-
Suppose the rebels should conquer Mary land
as we have Tennessee, and the parties should
mutually agree to cease hos.ilities, would moi
Maryland belong to the confederate States
and Tennessee 10 the United Slatesi By
the lays Of war, when peace ensues without
any stipulation as TO territory, each one main
taius the uti possidstis. Does MT this show
that whom we corqnsr seceded State w
take il as hostile territory and not as our own
The confederate States cannot be 'ofeisr
nation for one purpose and not for all-fo
the the purpose Of Ginning all the protec
lion Of belligerent under The law Of nations
and yet not ipcurriug any Of its peuslties.-.
THIS would be showing a remarkable advan.
tsge to a beligerent made up Of traitors and
retels over an hoporabls foreigp nation yitl
whom We we're cnfor,upa,ely At var Thi
would bo as unjust as absurd. hac
] Suppose the confederate States sboplt
conquer the United States, could we CLAIM
the benefit of tho Constitution. Of the Untvc
States and laws made uuder il I Would the.
not have a right 10. bold us as copqncro'
provinces, and dispose Of therr as they nigh
deem kesti . Certainly such 10 the law Of na
tions. And yet conservative gentlemen, will
acme suiatterin0 Of tuowledye iouo;e ID