Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1864-06-16

1901, 10 collect duties on imports aud
for other purposes. the President was
authorized to declare certain States in
insurrec:ion, whereupon all CONNER
cial intercourse with said 5tates
should cease, and all goods or merchan-
disc coming from said States or going
thereto should bc forfeited to the Tng-
ted States.
Again, by sections seven, eight,
nine, of act of July IL, 1862, to sup
prees insurrection and for other pul-
poses, proceedings in rem, are author
lied to be instituted against the prop
erty without process against the own
er, and the property condemned and
sold when it shall be established that
1t belongs to person engaged in re-
beliion or who has given aid or COM
fort thereto:
"Such property shall lie condemned as en-
eTHy's property, and become the property of
the United States. All slaves of such persons
found or being within any place occupied by
rebel forces, and afterwards occupied by the
forces of the United States, shall be deemed cap
tires cf ,car, and shall be forever free of their
servitut.e and not again held as slaves"
How enehy's property, if this 10
not civil, territorial war? how ene-
my's property if subject only to tho
laws Of the United States |?
How shall slaves be deemed captives
of war except by the laws Of war?
Such property is enemy's property
and slaves are captiyes of war by vir-
tue of the laws of war applied to q
hostile belligercnt Power.
The President of the United States
by numerous acts has treated tho
States in revolt as public enemies. By
proclamation of August l6, 1851, he
declared the rebel States in state of
insurrectien, proclaimed non-inter-
course, and directed the seizure of
vessels belonging to citizens of said
States, together with their cargoes
aud that such property when seized
should become forfeited to the United
States. In this proclamation the loy-
II and disloyal in those States are
treated alike.
Again, by proclamation, in pursu-
ance Of law, on the Ist day Of July,
1862, the President declared certain
States in insurrection and rebellion
the civil authority of the Uni
ed States is DISTRACTED, &c. not in
lividuals in rebellion, but States in
heir organized capacity as States.
Again, the President, by proclama-
lion on the 22d Of September, 1862,
declared
&c That on the first day of January, 1868,
al persons held AS slaves within any State, or
designated part OF State, the people whereof
'hall then be in rebellion against the United
states shall be thepcef0rwald and forever
irse.'
And again, by proclamation on the
lst of January, 1868, these slaves
we're declared absolutely free. This
great act of justice to an oppressed
people is sustained upon the basis
hat the people in their organized COR
,orate capacity as States arc in rebel
ion that they are to be treated and
leld as public enemies. Whatever
he effect-of this proclamation it opc-
ates alike upon those sustaining the
'ebellion and those still adhering to
he Union. 1t takes effect upon the
principle that this is territorial war /:
hat its boundary is marked by lines
Of bayonets that these designated
States and parts of States" are held
in possession by an organized, hostile,
md belligerent Power and that all
he people within this hostile bounda-
y are by the laws of war enemies.
The amnesty proclamation proceeds
ipon the same principle. 1t assumes
he right of the Government to impose
such conditions upon this conquered
people as Congress and the Executive
nay determine. The President has
proposed such conditions as to him
seem just and liberal toward those
who are willing to come back into the
Union. One of these conditions re-
iuires modification Of the State con-
stitutions so as 10 prohibit slavery.
If our right is conceded to impose
these conditions, the same grant Of
power would authorize the Govern
ment to impose any further conditions
that may be necessary to secure the
permanent peace and prosperity Of the
whole country. and that may be nec-
essary to guaranty to every State
in this Union a republican form Of
This power is further
and enforced by the Presi-
dent in his letter Of instructions to
General Steele, in Arkansas. He
says:
:" That 1t be assumed at the election and
that the constitution and laws
of the States, as before the rebellion are in
ull force. except that the Consultation is so mod-
fed as to declare that there shall be neither
slavery nor involuntary servitude except in
punishment for crimes whereof the party shall
nave been duly convicted
Substantially the same instructions
were issued to General Banks. This
suggested modification implies that
the complete control of the reorgani-
zation of State in rebellion rests in
the General Government. IL this con-
dition can be imposed, other conditions
may be, or new constitutions, republic
can in form, may be required before
any State in revolt shall be permitted
TO re-enter the Union upon an equality
with other States.
The law defines what acts are ne
to convert q domestic insurrec-
ion into civil or public war. When
he courts are obstructed. when the
civil law cannot bs administered, when
hostile forces confront each other on
the battlefield, state Of public war
exists, the parties are belligerent and
The laws of war control them. When
we blockaded southern ports, when wo
passed the non-intercourse act, when
We sent out csrtels of exchange Of
prisoners, when We treated captured
piratical cruisers preying upon our
as prisoners Of war, when
we authorized tho seizure, condemna-
tion, and forfeiture of property IN rem,
when we declared all the slaves in re-
volted States as free. we treated our
e. a.. . hn.t;Io baiiiroronf nnwar