Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1864-02-10

The following simple and evidentpro
sitiOns, stated by one of the clsarest law
yers Of Boston, in a note to the Boston Ad-
Vertiser, show how sbundsntly the Gov
ernment is fortified, By Constitution and
law, in its past, present and prospective
treatment Of tho rebellion and the ques-
tions involved in it. They will help those
who sickle for forms and preoedents, even
in high revolutionary times, to sustain the
cause Of the Government and Of liberty
I. By the Constitution ef the United
States, every inhsbitant of the United
States owes direct allegiance to the United
States; and this allegiance is paramount
TO his duty to any State or individual.
II. The Constitution uniformly treats
slaves as persons owing service, never as
property: for the reason (svowed by more
than one Of the principal framers,) that
it was thought wrong TO acknowledge that
there could be property in men.
III. By the law Of war, ona beligerent
may obtain assistance from the subjects Of
the other; and may hold out such induce
ments, not tending TO violation Of the
rules Of civilized warfare, as may be best
calculated TO secure such assistance.
". Where the subjects in question are
slaves, the promise of their freedom is en-
inently Just, best calculated to secure theil
assistance, and sanctioned by the law and
practice Of nations.
| V. Promise need not be made upon tht
express condition that they shall actually
take up arms or come within the military
lines Of the power making the promise
but may be absolute and unconditional, II
which case its effect will be limited only
by the military lines Of that power during
the war, and by the boundaries Of the ter
ritory held by him after the pesce-in 9th
er words, by his power, to fulfill his prom
ise.
VI. The existing rebellion has producet
8 stste Of war between the United State
and the rebels, in the conduct Of which tn
United States, by the law of nations an
under the Constitution, have all the night
which they would have in Waging we
against foreign nation.
VII, If in a civil, as in foreign wal
waging war carries with it the power 0
negotiating terms of peace and (Whic
the policy Of the government and the spir
it Of the people alike Eeem to forbid term
of peace should be negotiated by the gov
ernment with rebels in arms one Of thes
terms must be emancipation Of the slaves
to whom its faith has been pledged.
VIII. In time Of peace, the rebellion
citizens Of the United States were subjeC
to the civil authority only of the Fedora
government under the Constitution, inclu
ding the exercise of that authority by stat
ute. But while and where the state c
war exists, they are subject to the equal
constitutional military power Of the Uni
ted States, including the exercise Of ths
power by military order.
TX. The state Of war produced by tn
armed rebellion cannot cease, and be con
verted in q state Of peace, at the mer
words Of the rebels, but only by their &C
tual subisetion to the military power c
the United Ststes throughout the Who'll
territory from which it has been excluded
x. Wherever the arms Of that militar
power reaches, the proclamation Of eman
cipation takes effect, and if the wer shaI
end by military occupation Of the Who'll
Southern territory, all the slaves therei
will be thus freed.
XI. In the one case the terms Of pesei
in the other, the proclamation of emanci
patton, will be q lawful act Of the govern
ment under the Constitution Of the Unite
States, and must be respected as such b
ell courts of justice after the peace.
XII. II rights claimed by any perso
under such an act of the government sha
be disregsrded by the courts Of any Stat
or by any inferior court of the Unite
States, writ of error will lie 10 the ST
preme Court Of the United States, who's
decision in that. as in all other cases, j
; time Of peace, must be final.