The Portland daily press., 1865-05-26
Does the Government Understand the
Problem of the Rebellion 2 s.

it does not that it is all at sea on the subject;
that all the policy, and the Legislation Of the
last four years are mere shifts and expedlNeants
dictated by the whim Of the hour, the sugges-
ton now of the conservatives, now OF the
radicals, Of Scott, of Blair, OF Grseley, OF Nc
Clellan, of Butler, of Gov. Andrew, whicnev-
er for the nonce had possession of the Presi-
Dental ear. This surmise does the greatest
injustice to the memory Of Mr.. Lincoln, who
was a sagacious and cautious lawyer, states
man Of great insight and resource, and poll
tician whos his career has closed must
be allowed to be the most successful Of any in
American history. With such good. heads as
Stanton's and Stewards and Chase's, in the
cabinet, to say nothing Of the great leaders of
the Senate and House, to aid him, we believe,
though we have ne especial knowledge on the
subject, that there has not been during the
war policy adopted, proclamation issued, OF
an act passed or approved until the Constitu-
ton Of the United States, It's accredited expo
sitions, the opinions OF publlcists and the legal
and political authorities of the courts and
Of history, had been faithfully explored
and studied for what light they afford
ed, and that the last four years of admin
istfAtion Of the United States government VIII
be hereafter acknowledged to be as fruitful in
constitutional p. ecedents to guide ourselves
and other nations in similar predicaments to
the present as any four years since the estab,
lishment of modern government.
The Portland Advertiser of May 9th. makes
the broad statement that neither President
Lincoln nor President johnson, 'snor any high
officer of the government hadever embrac-
ed such an error, "or precipitated themselves
upon any such folly,p as. that ssthe South,
who have upheld the Confederacy, and
the leaders most especially, are guilty of Local
treason" Waxing holder by the apparent
IMMUNITY Of such an intrepid falsehood for
three days, it impudently resumes on the 18th
inst: AN .h4Agh 49,
eve alluded to THE FACT, that neither Presi-
dent Lincoln while living, nor President john
son, nor any high. officer of the government had
committed themselves or the Government to this
error, a.. e. that Jefferson Davis and Others con-
cerned in Confederate Organizations of civil and
military FORCES against the United States coy~
eminent, are legally liable to punishment for
treason); and that they well understood the
distinction which the laws of nations recognizes
between acts Of recognized belligerents and acts
avowed government y 2issl ~,
Here is a statement explicit enough. Let
US see what were thea npinions, in the first
place, OF President Lincoln. Certainly they
may be found, Il not in his casual converse
tons, his letters and his occasional speeches.
in his solemn oficiai acts. 8. = .sis
Immediately after the capture Of Fort Sum
ter, Mr.. Lincoln issued his first Proclamation,
beginning thus: so.s ssss'gl i : 49, rs
Whereas the laws of the United States have
been for some time past, and now are opposed.
ana the execution thereof sobstructed in the
states OF South Carolina, &c. by com binations
TOO powerful to be suppressed by the ordinary
course st judicial proceedings or by the powers
vested IN the marshals by laws sc.
But what are persons opposing and obstruct-
ing the execution Of laws, and ordinarily SUBJ
jects Of judicial proceedings, but criminals
Inc language is copied from the Act of Con,
gress Of Feb. %, 1795, the third section Of
which requires the Presidentby proclamation.
to command the INSURGENTS to dispense, &c.
Inexercising this power in his proclamation,
the President afirms that such sspersons OBJ
structing the laws' are Insurgents. The Su-
preme Court OF the United States, in the
frize Cases, "a Black 6S5, without a dissent
ing opinion, held that the persons against
whom this proclamation was issued we're IN
surgents. But TO- clear ALI doubt upon the
point, another proclamation emanated from
PRESIDENT Lincoln. four days after the first, be-
ginning thus 1 sss " e s' asss Gas ss
whereas an INsURREcr1ox against the gov
eEnmens q t1e unted states has broken out in
- ''''ss :. ''o1sn oe1o'lna'- &c ---
ana declaring '4-Fa 4 s3GA a-AaAv1 - =.
'That if any person under the pretended au-
tbs St y ssca shall modest vessel Of
amenabe to the laws Of ne United r satss nsr
the prevention and punishment Of PIRACY = sss
But an resurrection, accompanied BY acts
Of acdr, under the Constitution and laws Of
the United States, and upon1th9 principles Of
international law as quoted from " astel and
Others, is TREASON, quo ad the government.
On the 10th Of August, 1861, President
Lincoln issued another proclamation, formally
declaring the innhabitaats 8of certain States 20
90 IN a seose % ansarrectaon, and prohibiting
cOnnet'ial lnssrcoufse with them, being en-
powered ana required 50 20 40 Dy an act Of
oonsieSS q Juiy -, lsoh9 40 ad proelama'
. nOn " Aprn ~. 1907 ordering 9, public
"aaa s.1s II s.c'or'ss, ns sssled me war
81 ~'...s1s ,sossssoM. -
On tne i1sa q July, 1881, President Lincoln
$50. , spp.o'et = ~ punisning TREASON
son,s'ou Al'sr 'has .lme, a0sth death and
forfeiture Of slaves, and furnishing assistance
70 an insurrection less than treason with fms,
and Imprisonment, and authorizing the Presi-
dent TO proclaim amnesty and pardon on such
terms as ne may deem expedient. On the
- 80 Pioss ,'tsia1sso ~. u
Il LlucOlu QeUUeQ persons D9rfietnQfinU N