The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-01-31

now come to the consideration Of the
most important and Just at this moment per
shaps the most practical question, namely
what were the powers and duties imposed
Sby law upon the President in closing the
war and making peace, which, ofhecessity,
must precede the disbanding OF the Army 2
Now, in the very nature of things, making
peace is Just as much an executive duty as
waging war. z..---.a-z.s-
Who can know but the Commander-in-
Chief, when his adversary yields when he; is
destroyed or captured, surrenders or makes
overtures of peace To whom does the van
pushed party cry for quarter and terms OF
surrender, but to him who wields the swordf
Irepeat, sir, making peace is an executive
duty. just as much as making war. Inc law
of Congress which authorized the war au-
thorized the stopping of the war; the dis
banding of the forces which are employedin
it. when the President has finished his work
and shall think it safe and proper to do SO |;
/ when he is assured that the war Is over, that
peace has come, land come to stay sieia
f. If we are engaged in war with a foreign
country, when we get through with the wal,
the President makes peace. Congress has
nothing to do with it. The President enters
into a treaty of peace, and that treaty is sub
mitted to the Senate for ratification. 1.-TWO
thirds of the Senate advise and consent, the
treaty is ratified and peace is made Con-
gress may declare war they do not make
peace. is- ~ = iiiseis iis .a!ii5
How is peace made in case of a civil war
| among ourselves2 When we overcome armed
resistance to our laws and the Constitution,
which is civil war, when the insurgents shall,
in good faith, submit themselves to the laws
and.the Constitution, peace follows of course.
Peace has already come, for obedience to the
laws is peace. 'i0 aafe lo'}si.. F,.iFi
I All the great writers on. public law agree
that the whole end and purpose OF a just war
is to obtain just and righteous peace; and
having shown that this duty Of making
peace has been placed by Congress upon the
President; having shown that, from the ne
cessities of the case, such duty is executive
and therefore, in its nature, impossible to be
! done by Congress except through the Exec.
utive, proceed to inquire with whom, and
in what way, is the President to make thai
\ peace which was the object ofthe war on oul
part, and which was condition precedent te
withdrawing the army2 That involves this
other inquiry, who and whatiwas or is al
war against the United States? l.o u. s
| First of all, the rebel army. dut +
! No one can doubt the power of the Presi
dent to deal with that-tO fight it, crush it
capture it, or accept its surrender, with o.
without conditions. If upon conditions
these conditions bind the good faith not onl,
of the Executive but of the United States.
In the terms of Lees capitulation ther,
| woo or, i,,po,fopt condition ipcorto1 hind
| ing the good faith of the United States
namely, that upon condition of their ODE
dience to the laws, the officers and soldiers o
the rebel armies should not be disturbed b,
the authorities of the United States. VIVA
member of Congress- what man, in or out o
Congress, would propose violation on GU
part of that stipulation! j..
There is, in the second place, the people o
those States, who have been declared in in
surrection, who, from giving aid and comfor
to the rebellion, have incurred the crime O
treason against the United States, and whit
are liable, upon trial and conviction, to for
felt their property, their citizenship, ant
even their lives. .ia ia44i
What power has the President, under tn
Constitution and laws to deal with thes
atnarmed insurgents First, under the Con
stitution, he has the power to pardon and re
store to citizenship, either before or aftercon
yiction; he has the power of amnesty upol
such terms and conditions as he shall judg
most conducive to the peace of the country
If, as many contend, the insurgents are t,
be treated only in their capacity of indi
viduals and not in their capacity as States
this power of pardon alone would cover tn
whole case, and he could restore all to citi
zenship. t n fs
But he had another power over them unde
the laws of Congress and / now inquir
upon the surrender Ofthe armies what furthe
power had the President to deal with thos
persons who, though not found in arms
were still equally guilty by aiding and abet
ting the rebellion2 / answer, all the powe
of Commander- Chief exercising militar,
! rule in those States for the time being.
| By the law of nations, the commander of
great and eonqueFing army when he enters
State for the time being, subjects all tn
civil laws to military control; his will bs
comes the supreme law, and he, n temporar
4 Dictator . fIeo may organize IA provisions
civil government. as the Supreme Court de
i cided in the case of Gross against Harrison
i to preserve Order and prevent anarehy.,i,Be
/ yond all question, before withdrawing 9
disbanding his army, he had the power, ant
it was his imperative duty, !. to know whethe
the rebels not found lin arn,sI who, AS man,
insist; were a large majority of. the people o
those States, rhad also submitted and SUI
rendered the rebel cause. e Had he, sat ono
Withdrawal fthei Union army upon the SUI
render of the rebel army, who knows but tina
another rebel army would have. been. raise
! @,>& rrb
was as much his9dnty. therefore, under tn
Elawsi0 Of Congress, for him to make sure O
their submission before withdrawing tn
troops, 'asit was to make sure of the SUI
render Of their armies. Without their: SUI
mission his work would have been: only,hal
t'done. He therefore had a right AYE, sir,
was his imperative duty7-.to. deal Direct
with the .unaEned rebels as well as with thei
military forces which he could do both a
military commander, and as holding tn
But t ii s AZ some who maintain that tn
States, as bodies polite, in their State capa
city Waged this war upon the Government
Without admitting or denying this assumI
ton, grant, for the sake of the argument, TIA
to be So, what power and duty would, in tina
view, of the case, be imposed upon the Pres
dent by law of Congress ~ answer, to DIES
with the States ss beIligerent. .. =. 81" y
i 1.-THE States, Al, such, were iIfrebelfion an
waging war against the; United States, the1
of course, the law authorizing the Presfden
to prosecute the war against Itheprebellion
necessity authorized che President to prest
cute the war against the States; and, us; b
was not authorized oitisband the ,afmylnt
the war was over, and asfhe war could net i
n