The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-06-27

and foreign NATIONS may not arise, is : oues-
tion which in no way changes the character
of the contest a. between che government
and the instruction. The exercise of such
rights may be found convenlent or become
necessary to the suppression Of the rebellion,
but the character of the conflict is in no vay
changed BY . resort to them. That remains
- it was at first. and must from it's very ma
ture, during its continuance, remain mere
contest in which the government seeks. and
can only seek, to put an end to the rebellion,
That achieved, the original condition of things
is at once restored.
JUDICIAL DECISIONS.
Two judicial decisions have been made by
Judges OF eminent ability and unqnestioned
one, thai of the Amy Warbick, before the
United States district court for Massachu.
sets, Judge Sprague. referring 10 the sup.
posed effect of beligerent rights which it
was conceded belonged to the government
during the rebellion, in giving it when sup
pressed, the rights of conquest, declared
sit has been supposed that if the government
have the rights of belligerent, then, after the
rebellion is suppressed it will have the rights of
conquest and that state and its inhabitants may
be permanently Invested of all political advanta-
ges and treated as foreign territory. conquered
by arms. This Is an error, grave and danger
Gus error. Belligerent rights cannot be exer-
cised where there no belligerents. Conquest
OF foreign country gives absolute, unlimited,
sovereign rights, but no nation ever makes such
a conquest OF its own territory. If hostile
power, however, from without within, takes
| and holds possession and dominion over any por-
ton of its territory, and the nation, by force of
| arms, eXpel or overthrow the enemy and suppress
ses hostlities, it acquires no :itle and
| merely regains the possession of that of which it
has been tempo, arily deprived. The nation ac-
| qaires no new sovereignty, but simply maintains
| its previous rights. When the United States
take possession of a rebel district, they merely
vindicate their pre-existng title. Under despot-
| c governments the coniscation may be unlmit-
| ed, but under our government, the right of SOW
| ereignty over any portion of state is given and
| limited by the constitution, and will be the
same after the war as it was before
In the other an application for habeas cor
| pus to Mr.. Justice Nelson, ono of the Judges
OF the supreme court of the United States,
| by James Egan, to be discharged from i'm
| prison nent 10 which he had been sentenced
| by military commission in South Carolina
| for the oifense of murder alleged to have
been committed in that state, and the die
charge was ordered, aud in an opinion evi.
IDENTIFY carefully prepared, among other things
| the judge said:
''For sill that appears, the civil local courts Of
the state of South Carolina were in the full exer
else of their judicial functions at the time OF
| this trial, as restored by the suppression of the
| rebellion, some seven months previously, aud by
the revival of the lava and the reorganization o.
| the state government in obedience to, and il
conformity with its constitutional duties To the
federal Union. Indeed, long previous to this, q
provisional government had been appointed by
the president, who is commander-in-chief of the
| army and navy of the United States, land whose
will, under martial law constituted the only rule
of acsionl for the special purpose of changing
the existing state of things and restoring civi
government over the people. In operation o
this appointment, new constitution was formed
governor and legislature elected under it, anC
the state placed in the full enjoyment, entitled
to the full enjoyment of all her constitutions
rights and privileges. The constitutional law,
OF the Union were thereby enjoyed and Obeyed
and were binding and authoritative over tn,
people of the state in any other portion of tn,
country. Indeed the moment the rebellion wa:
suppressed, and the government growing out o.
it subverted the ancient laws resumed their &C
customed sway, subject only to the new reorgan
izaton by the appointment of the appropriate
officer to give them operation and effect. Thi:
reorganization and appointment of public iunc
tionaries, which was under the superintendent
and direction of the president, as commander-n.
chief of the army aud navy of the country, anC
who as such had previously governed the state
by imperative necessity, by the force of natuI a
law, had already taken place, and the necessity
no longer existed"
| IMPORTANCE OF THESE DECISIONS.
This opinion is moro authoritative than j
mi Int otherwise possibly be esteemed, from
its being the first ella borate statement of the
reasons which governed the majority of thu
supreme court at the last term in their judg
ment of the case Of Milligan and others, fol
the decision that military commissions fol
the trial OF civilians are not constitutional
We submit that nothing can be more conclus
i've in favor of the doctrine for which they
are cited than these judgments. In the ont
the proposition of conquest of state under
war to suppress an Insurrsction is not ,oDJ
repudiated by Judge Sprague, but because
of the nature of our government is consider
ed to be legally impossible. "The right o.
sovereignty over any portion OF state, will,
he tells US, "only be the same after the wal
as it was before" In tho other one we are
told that "the suppression of the rebellion
restores the rights of the state, and tina
when her government is reorganized, she il
at once in the full enjoyment, entitled tC
the full enjoyment, of all her constitutional
rights and privileges" s.as
To be continued