The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1864-05-18
VOL. 10, NO. 5.-WHOLE NO. 473.

ty When an insurrrectiou becomes q civil war
aud the necessity occurs 20 treat the Insurgents
az belligerents has been so ably discussed and
elucdsted bv the gentleman from Pernsvlvsnia
(Mr. Broomaln aud others on this floor. who
preceded me. that | viii not take Up the time OF
the House with any remarks upon that point
II u sufficient for nv present purpose that is has
been auihoratively determined by judicial decis-
ion, and by the acsiOn OF all the brsoches of the
Government, that the contest is war, and that
the rights and immunties Of bellgerents attach.
From which il followed that the contest must be
conducted under the rules Of war. recognized as
such oy civilized nations ADD further. that in is
conclusion and results the contending parties
must be governed by the same rules
The southern cODfederscy," and the States
OF which Il Is composed have no standing there
fore except by virtue OF those bellgerent rights
And hence they must stand OF fall by the rules
Of war. They are behgereuts because Of their
military power; and they will remain bellicerents
50 long, and so long only, as they have an organ
ized army in the field, aud because they have il.
Everything depends upon the success or defeat
Of their arms. II they succeed, they then emerge
into civil government, and are entitled TO be
placed among the nations of The earth. II they
fail If their military power is broken up and de-
stroyed, they are destroyed with il and are moth
ing. The rebeliOus States have submitted their
right 20 national existence 20 the fate OF war and
by that fate they must abide.
But Who are the parties to the war and what
are the immediate results Of conquest hy eitherS
The parties are upon the one side, portion of
the people of this nation in insurrection, organ
lied into formidable military poWer and Assum-
ming 10 exercise all the functions OF civil govern
ment Through the forms aud machinery OF gov.
ernment known as States, which had once exis-
! ted under and . arf Of fh. national Gnv.r,-
mentl seeking dsmemberment Of the nation
and the establishment of their own independence;
and upon the other side the national Government
iIseli seeking 10 maintain its integrity.
The integrity OF the Government, as before
shown, Is 10 be maintained by breaking up the
military poWer Of the insurgents, which, as we
have seen. must be done under the laws OF war
According 10 those laws the successful party is
conqueror aud the other is the conquered aud
all the rights, liabilities, aud disabilities OF con-
quest follw. II we succeed We make no conquest
OF territory, because that is already ours. We
simply succeed, in that respect, in bringing that
which is our own again under our control But
we do mako con fuSs' OF enc Pvvg's, -"a sf shv
entire people, within the insurrectiOnary district
because by the rules of war, all the people with
IN the enemies Jurisdiction are enemies. By the
same laws we succeed 10 the right not only 10
govern the conquered but TO dictate to them the
form Of government which they shall adopt linn
tied only by our own constitutional powers.
IL is absurd, and illogical, aud in contravention
of the planest rules of war TO contend that States
which have thus formally forswOrn their allegi-
ance to the Government and submitted the ques-
ton to the arbitrAment of var, are entitled never-
theless TO all their rights aud mmunites under
the national Constitution and laws. As well
might II be said that nations az war with each
other might insist upon the observance Ct form-
er treaties of commerce and old plomatic court
esis. No, sjr, war abrogates all cOmpacts, and
the belligerents rsmitted to the memorable
laws OF war in their intercourse with each other.
And there is no difference in this respect between
a civil war and war with foreign nation.
In case, 80 far a. State rights are concerned,
and to the extent TO which those rights exist, we
may treat the enemy, when subdued, az a con-
quered foreign Power but 80 far as the power
aud jurisdiction Of the General Government are
supreme even concurrent, the people At war
with IL are domestic enemies and traitors, aud on
being subjected are liable to be treated as such.
| Hence, the States thus at war liable 20 have
their respective State governments aud their eK-
istcnce as States treated as abrogated and at an
end, in the same manner and TO the same extent
as in the case OF subjugated fOreign Power. But
while this is the case the powers and Jurisdiction
of the General Government remain Just as they
Nttc DtiotS bitC war auA uutmp pioitui
over all the territory Of those States, aud all the
people which shall be found remaining there;
aud that 90 the came extent and 10 be exercised
in the same manner a. il such State governments
had never existed. If rebels and traitors are
found there, treat them just as you would rebels
aud traitors found anywhere within our jurisdic
ton convict them and hang them, or grant them
amnesty, as may seem meet
So far, then, as those organizations known As
States are engaged as such in this il is
TO all ntents aud purposes; and 80 far a. the
people in their character as citizens OF the Uni
ted States are concerned il is civil ndrs in each
OF which conditions, however, the national Gov
ernReut has the same rights and powers az in
the other.
In deciding the prize cases. so called, in 1862
the Supreme Court OF the United States laid down
the following doctrine in relation TO the present
contest:
Te present civil war between the United states and
the sOaed confederate States has such character aud
national or foreign VAR Black, CSC
Aui again, quoting vattel as authority, the
Court say, (page 6G7:l
a civil war - says Vattsl breaks the bands Of 30
cey and government or al east suspeuds their force
and effect i produces the nation two independent
parties who consider each other eniTnies and now
edge common judge. Those two parties, therefore
Tor two separate bodies, two distinct societies
. ! Having no superior 20 judge between them
they precisely the same predlcament as Two IA
tons who engage cuntest and have recourse % arms
In this view OF the case, and 80 FAR as We have
the right by the laws OF war 70 dictate terms TO
the conquered, and grant amnesty 70 domestic
enemies, the proclamation Of the President ac-
c0mpanyng his last annual message to Congress,
vas not only competent, right aud proper, but
was clearly within the scope Of his war powers
as Commander in-Chiei OF the military ana naval
forces of the nation. Bat when these people, or
anv portion Of them, wish to organize a St4to
. government, and be admitted as one OF the States
Of the Uoion, the consent Of Congress is necessa-
~, and upon this point there seems TO be no
difference Of opinion. Il Is one OF the features
OF this bill to provide for such emergency.
But Congress has not the po~er TO create State
l. governments Tor the people; has the power only
0 70 admit the o as States when organized By the
e people Congress, nevertheless. has the power
10 prescribe the terms upon which such new
States nav be admitted, and 70 govern the terri
tory and people until State governments are or
ganized and admitted a. such II is another OF
the features Of this bin meet this latter emer-
gency.
E Such. then. are nv views al the ststEs OF the
e rebellious States and the power Of the natioual
. Government over the territory and people OF
: wh o. they we're made UP, dedHced from Princ'
pie and authority.
= I viii not detain the House with any argument
70 show thejastce Of the retrioution thus orougn'
l.