Year: 1864

y This ground then, is no more terribl
s than the others. Whether we ar
e satisfied with this view of the constl
], tuition or not; we, as good citizens
b are bound by q construction thu
I given and acquiesced in by every de
t partment of the Government Suel
' questions when once settled, mus
: stay settled, if we are to enjoy 4
8 Government of lae, in opposition Il
, one of mere s5il, whether that win b


the viii Of one or Of many. ~
| Nor would the existence of mer,
| insurreetion justify an interference,
by the general Government in the
: domestic policy and legislation of &
State. We have had two insurrec
tions. Shays in Massachusetts,, and
! the whiskey insurrection in Pennsyl.


vania. In such cases, it is individ-
uals who act, and none other than


themselves can be made responsible.
The State Government is, notwith-


standing the action of individual


citizens, still loyal to the constitution


and yielding obedience to it. In
such a case, Congress cannot inter
fere with the legislation of the par
ticular State, or its domestic policy.
Loyal men cannot be involved in


their crimInality, and be made to


suffer for it. There Is here no


social action, for which alone, a whole
people can be held responsible
Hence Congress, even under the
war power; could not deprive the
loyal part of the community of either
their lives, or liberties, or property,
on account of the treason of their
neighbors. In such case the penalty
can alone fall only on the traitor
himself The government in its ac-
ton alone represents the people in
their social capacity, and while that
continues to act under and in obedi-
ence to the constitution and laws of
the United States, the people as d
people must be considered loyal, and
the State as State are still under the
broad shield of the constitution,
which protects each and every State
in its exclusive jurisdiction over its
local and domestic institutions and
laws.


But the present inquiry involves
more the mere power of Congress to
punish individual traitors. 1t involves
the power of Congress directly to
interfere in the local and domestic
policy of a State by changing or re-
pealing its laws. The object is not
only to affect the interests of the
traitors, but also of any loyal men
within the rebel States, if there are
any such; and to do all this without
being compelled to resort to judicial
proceedings. In exercising such
power, we make no distinction be-
tween the innocent and the guilty, we
make them both suffer like. If then
we claim for the general Government
the right to exercise such a power,
we must look for its justification to
some other reasons than those al


ready noticed, and we must justify
its exercise in the abolition of slave
ry as one of the righteous penalties
for this unholy rebellion. If the


constitutionality of the law of Con-
gress, and the Presidents Proclama-
ton emancipating the slaves cannot
be sustained, then, though we crush
out the rebellion, this war will have


been a failure, for it will leave the
seeds of this rebellion in the heart
of the nation to germinate into a
second war, when the times may be
more propitious for its success
What then, is the state of facts which


will justify this interference What


is the law applicable to that state of


facts and recognizing the existence


of such a power2 The facts are the


facts involved in the actual condition


of the rebellion, and the law applica-


bic to them, is found in the laws Of


war, which are part of the law Of


nations, and hence part Of the law


of the United States; since that law


is binding on all nations, whatever


may be the nature, or form of their


respective governments.


BY this law, whenever an institu-


ton assumes the proportions of a


rebellion, having de facto govern


ment exercising its jurisdiction over


arecognized territory and excluding


therefrom the jurisdiction of the


rightful government, such de fdetc
government and the people whom il
represents are bound by and subject
to the laws of war, as the same are
/ applied in war between two irdepen
, dent governments. The law of ma
, tionsin this case does not concern it
! self about the right; it deals only
with the fact and prescribes the
. mode and manner, in which snch
! war ought to be carried on, wha
. each party may or may not do dur
: ing its vicissitudes, and the right:


and liberties of each, if the war II
: terminated by the subjugation OF the
! rebellion.


e Such is the condition Of the rebe
7 States. They have de tueto State
e governments as well as a genera
t government, representing them II
: this, entirely; and all of these d
l faeto governments are combined II
carrying on q war against the Gov
: ernment of the United States. Thii
, -. - foofs oan efifI,fa the raha