Litchfield enquirer., 1864-03-17

7 same thing before he can rticipate in a State soVernlnent. Tie Sup ne Cont nf the United o,ates has unanimously decided that from the oth day of July, 1881, the date of the appro val ol The non intercourse act, there had been ,et"eeh the Government and the Confederate ! ates a clvlt territorial War ; and it is lai,, down as principle in the same momeu,ous } declslon that :" the laws of war be civ. or ;n ; ter gen1es, convert every citizen of n hostiit, ! State into public enemy and treat him accor- dinghy" From the outbreak of this rebellion to the present hour, on the non-intercourse fac', on the conhscation act. on the copscrntion act, on every vigorous and earnest measure of legislation the gentlemen on the other side of
 he House have importunatelv invoked the Constitution and the laws, and here they have them, lii 'ull measure and running over; law certain. but law memorable, as 1t was in Snv- '"ck s case; law not according to the Solicitor of the War Department, bat law accorln. to
 he supreme arbner of mo ted constitutional questions. Since the adoption of the Consti- tuition the court has devoted itself almost cx. cluslvely to the stasly and interpretation of it's peace sIde, and out of it they have extracted bower and authoi ity e,louyh for al! the ener ge"crs of peace and fon ali the operations and enterprises of a tranquil society. When the judges shall have gwen to Ils War side ole Nlheo oi the attention and study which they h'iVe given to lis paace slue, they vii! discover power enough for all the emergencies of War :; power "houyh Tor seitueirnce, whether the Government 1t organizes Is attacked in the I'l!se of secession or of revolution; power enough to inaict full and exemplary p1nish- men; upon all who ass;.ii it, whether they ara seceders, rebels. traitors, or punlic el,emes.- in" decision ill the prize cases is the first irult "t these hew studies. coveriDg by iis vast sweep all the War egis.tion that has been su severely criticised aud so slvaoey rebukeI - Before the 18th of July it might or nloht not ! have been that the only enemy the G9vern- In'nt could recogn!Z, was the person engaged m the rebeihon, as The opponents of the Ad- minl>tratlon have clamorousiy asserte . and that a others were peaceful citizens entitled to all the rights and privileges of c,izpnship ur der the Cunst iT:lnn. Bat sin, e the n n inttr conse act such claim can be made. for the p''nt IS au'hortiveiy settled by the agree nent of all the .liges that from that time the personal war became q civil territorial war giving to the United States full beliigercut rights against all the inhabitants of the rebel llous districts, and ccnve ting hem all, in the eye of the law, in:o public enemles.
 It does not hv any means follow that be ca SC the 'eb l have f. If tr all conStitu t'o'r'' rsht d constll t onal guarantees they hay. thereby lhSolved themselves from eonsli- t"ticnal obligation. They are none the less e.nn e hrcausc they are lr,itors' says Ju,lge Grlef, an he nii 2ht have sail that they { n we not coasel to be traitors Ie ,ause they are enemies. In other w,riS, the Presil 4ut my elect to pu;Sle them either as pnen eS or trutors. by the Consultation CT by the laws of War. II lie elects to pursue them as traitors he must pursue them in nccor lanc,, with the CO.'S iutlonal definition "f treas, n anh hy the III de and with inc limitations it clearly inl- cite in the section devoted to flat crime If he elects to pursue them as eneinies there is no limit and restraint upon his discretion but the laws of war. The Duke of Cumbe.l4nd, when in l145 he su5'laed tie Scotch rebels, could have tried them all at drum Leal court nar- t'u'. or handed them over to the civil tribunals t' be tried according to the laws of England defining treason.
 Here. then. you have t. It is t. so nomina- 'c l ln the bond" that within that boundary m"riel by line of bayonets,' every citizen, Whatever l. cnnluct, whether Union or rebel, loyal or dsloyal, is pnIic enemy and liable to be treated as such. Now, is it not ratEe t ate in the day to declare that all within tat ine do Dot heed pardon before they gan be restored To the rights of citlzenship which they can have forfeited as public en enes2 It is not, as has been stated, by s 'ma, a" supeihuuus boon which the Presi dent tenders to the loyal man. nor has he il roi;ly blended together the conditions of par. q 'n with qualifications for citize nsilip. It was with full knowledge and understandings oi the ef-ct aud operation of this decision i;l the p-ze cases, anu from his conviction tha. man "bo has never swerved from his allegiance might bs caught in the meshes of tL;s legal implication that induced the President to dis. regard the broad moral distInctuess bstwaen t!e two classes, and 10 extend lis clrne9cy To all who in legal contemplation were pubic enemies. h he very ope..ing scntfnce of his proclamation lie offers it to all w!lo hay
 directly or 5y implication participated in the rebellion.
 Let me now for moment examine more in detail the erms of the Pte,i"ents plan. In the first pll ice he re ,rr that all wh) accept ts clemrney shall swear to henceorth 'a,th fully support. prot Ct. and defend the Consi tu!lom~ ol the United States. and the Uninn thereunder." hat this is d just and righteous demand !roin all who have directly or by m picalion' participated in the rebellion, the mo scrupalous and tender heurt>d apolo yis tor our waywArd sisters will hardly venture to deny.
 in the second place he reqares from then. an oath to abide ny and support all the anti $ avery legislation of Congress during tie ex- isting rebellion. sv long and go far as 1t Is no. ahrugated by the natIoiiai Legislature no" de ciared vo'd by decision of the Supreme Corr. Now, inasmuch as by tue C"ustiti tion itself. Lie Constitution aud tLe liws made lu pursuAnce of 1t are detl ,red to be the su re.ne law of The Ian l, tliere is no great h ship i'll requiring both from tn. loyal and dis loyal inhabitants of the insursent States an oath to support the supreme law of tine land so long as 1t continues to be valI and uure voked.
 in the third place the President acquires from the recipient of executive clemencJ all oath to sustain the proclamation emaucipatins slaves, SD long and so flr as it is uoL invaidl- ted by supreme jallci,l dsc:i1l. Whether the procli,natiuns were constitutional or not Is not here .he qaestioh, for this is waived by the essential qualifications of the oath, and left where it must eventually go, to ollr su- preme judicial tribunal. If the proclamation is pronounced by the judges unconst .tutional the oath is void if constitutional, it merely bInds the conscience of the alirmant to sustain the Executive of the United States, in time of grevous national peril, in the exercise ot