The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1864-05-24

But let it not be said that we have thu
acknowledged the right Of these State
to revolt; we have only recognized tn
fact of revolution, and the great ques
ton We are now settling by wager of bat
tie is whether or not this shall be sue
cessful revolution. a
Neither let it be said that because WI
have treated them as public enemies, W,
cannot punish the individuals as traitors
Judge Grier, in his able opinion in th,
prize cases, says:
"The law of nations contains no such anon
alous doctrine as that insurgents who havo ris
en- in rebellion against their sovereign, expelled
her courts, established a revolutionary govern
ment, organized armies, and commenced hos
tilities are not enemies, because they are tyai
tors, and war levied on the government by
traitors in order to dismember and destroy II
is not war because it is an insurrection. y
1t follows that they can be punished
as traitors, though public enemies.
But it is claimed by the opposition
that if we treat them as revolutionists, as
public enemies, we cannot complain if
other nations recognize them as an 10 :.
dependent power. This does not follow
For while they are to US public enemies,
organized and confederated as States, yet
they are upon our territory they are
within our jurisdiction. They are seek
ing to establish an independent govern.
ment out Of part of our territory, and
until we acknowledge them 1t is the es.
tablished rule OF international law that
the recognition of them by a foreign
Power would be an act Of war. By act
of Parliament of Great Britain, of 16
George III, l776, all trade and COM
mercs with the thirteen colonies were in
terdicted, and all ships and cargoes be-
longing to the inhabitants subjected to
forfeiture as if the same were the ships
and effects of open enemies From this
time the war became territorial civil
war between the contending parties, with
all the rights of war known to the law of
nations. Yet years after she held the re-
cognition by France Of our independence
to be an act of war. and declared war
accordingly. Therefore, in the light of
congressional Legislation, Executive pro,
clamation, and judicial Interpretation,
we have properly regarded those in arms
against us as public enemies, liable to all
the penalties imposed by The laws Of war,
having no rights under the constitution,
and at the mercy of our government. l
know we have at times, by our legisla
ton, been in conflict with this view, but
Congress, the courts. and the people, are
rapidly correcting the errors of the past.
The laws of war are well defined and
clearly understood.
Money and wealth, the products Of az
and commerce, are said to be
the sinews Of war. and as necessary to
conduct it as numbers and physical force
Hence it is that the laws Of war recog.
nize the right of belligerent to cut
these sinews OF the power of the enemy
by capturing his property, not only on
he high seas, but on land in the hos tile
erritory. The property thus taken is
not cor fscated under the Constitution
after conviction for treason, but by vir.
ue Of the laws of war. Vattel, page
90, says:
Every thing. therefore, which belongs to
he nation, to the State, to the sovereign, to
he subjects of whatever age or sex-every-
hing of that kind, / say falls under the des.
,ripuon of things belonging TO the enemy
TO landed estate, property of this kind does
not cease to be enemy's property. though
by neutral foreigner, since the
,wner is a resident in the hostile country
"a Ia l.. -..-ls l.. f
his possession of everything which may aug
nent his strength and enable him to MAKE
war" Page A9).
. In fine, We seize on the enemy's towns, his
provinces" &c"
But il is claimed that under the hu-
name policy of modern times. and BY
.he later decisions of our courts, the rig.
id rules Of conhscation OF enemy's pro.
perty have been relaxed. This | grant
IS true TO certain extent; but the law
and when the sovereign power
,f a nation demands the execution of the
law in its rigor. the courts will execute
hat law. Chief Justice Marshall, in the
case OF Brown rs. the United States, 8
Cranoh, llo, Gays:
" Respecting the power Of the Government.
no doubt is entertained. That war gives To
the sovereign full right to take the persons and
confiscate the property of the enemy, wherever
found, is conceded. The mitigations OF this
rigid rule. which the humane and wise policy
Of modern times has introduced into practice.
win more or less affect the exercise OF this
right. but cannot impair the right itself. That
remains undiminished and when the soyer-
eign authority shall choose To bring ii into op-
Grafton, the judicial department must give ef-
feet TO its viii.
This power is exercised under the war
power granted in the Constitution, and
which is without limitation.
Under this view, il follows that We
may seize the real estate in fee we NAV
seize all the slaves within the hostile ter
ri,ory. emancipate them. arm them. and
use them in any way 10 weaken the enc
my and strengthen the Government,
The trainers OF our Constitution wise
ly placed no restriction upon the war
powers Of the Government. When a
state of war exists. The Constitution au.
thorizes every act that the law Of ma.
tons lusnties toward our enemy, even
though that enemy consists in commuui
lies who once owed. and still owe, .
paramount allegiance To the Constitution
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