Year: 1864

united rights In belligerent pow,
: conquering the territory Of its eneru
in war, is the right to govern th,
territory absolutely, and to change {
: repeal its laws at its own will an
/, pleasure. In the exercise of thi
power, the conqueror has an undoubr
/ ed right to abolish slavery by repea
ing all laws authorizing its existene,
1t is on this ground that place tn
justification of Congress in abolishin


slavery in the rebel States, and thai


too, in strict conformity to the Lar


and the constitution. The rebe
| government cannot claim the benefit


of that law in relation to belligerent


without being subject to the right


which that law places in the hands o


the successful party.


That this de facto rebel government
is a beliigerent posser is a fired fact
The claims of the rebel government
and our recognition of those claims,
settle the question for us and for
them. We treat that de faeto govern
ment as belhigersnt po,cer, and have
done ever since the war was fairly
begun. When we captured the first
pirates, as we called them, we pro-
posed to try and hang them for piracy,
but the de faeto condition of the re-
bellion would not permit US to do it
we exchanged these pirates as We
believed, for other prisoners of war;
and we have been going on ever since
in compliance with the laws of war,
exchanging traitors in the eye of the
law, for the loyal men they may have
taken from US. 1t is now too late for
the rebels to shift off the response
bilities which this claim implies, and
deny to the rightful Government the
powers clearly vested in one belliger-
ent towards another. This view of
the law was also recognized by Eng
land and France, when they recog-
nized the belligerent character of the
rebel government, and declared their
neutrality between the two belligerent
governments. The writer's on the
law of nations will be found laying
down the same doctrine. l think,
then, that the fact that the rebel gov
ernment is belligerent power, is be-
yond dispute.


But 1t Is SAID by some that the
States continue to exist as States
Notwithstanding the rebellion is put
down; that State cannot rebel,
and hence cannot forfeit its right
to exist as State. Let us subject
this proposition to analysis and see
whether it can stand the test of ex-
animation. What then is the State?
The State is body polite, public
corporation, representing and exer-
cising the social posCer of a given
community; its whole action is the
action of the whole population
through its loyal and recognized
agents; hence every people have
been held responsible for the ac-
ton of its government, of the men
exercising the powers of its govern
ment. We know that a people can
carry on war through a rightfnl
government and can carry it on le-
gally in no other way. Now can
not a defaelo government do what a
rightful one can? Cannot South
Carolina, as State in its corporate
capacity, declare war against the
general government, and carry on
that WARP We know that it has
doneit. Who then is responsible for
these acts? Only the members act
ing or the people for whom and in
whose name they act? The States
as States, the State governments as
such are in rebellion in fact; all their
governmental powers are being used
to carry on this war of rebellion
The States then as States, the peo-
pie of the States in their social and
corporate capacity, are in rebellion,
doing all they can do to carry on
this war to a successful termi-
nation. BY the law of nations, the
whole body of people are held re-
sponsible by its belligerent enemy
for the acts of its government. No
citizen can claim exemption from
this responsibility by the plea that
he did not approve of what was
done, that he did all he could to
prevent its being done. Every cit
zen, whether spproving or disapprov-
ing of the acts of his government is
yet responsible for it This law is
applicable to the rebel States
These rebel governments are theiI
governments; they represent the


people of the several States and have


acted for them in this war against


the general government, and the


people, as a whole, must and car


rightfully be held responsible fol


the action of their defaefo govern


ments.


| What then is the social penalty To-


social crime? 1t is not the punish


tnent attached to treason, because


that is a personal matter; but th,


penalty for such crimes is the for


feiture of their right to act in thei


social capacity. and hence of theil


right of self government. Can ther'


be any doubt but that the colonies