0 , 4 I - I THE RESTOHAI6N OF THE UNION. Speech of Ron. Thaddeits Stevens, OF PENNSYLVANIA, IN THE HOOSE OF REPRE SENTATIVES, JANUAHY '41E54. • . , Mr. Speaker, the gentlematarom Ohio Lair. Spaldingrhea said nearly all 'I intend to say upon thiertbject.;tuply: by denying?that tl4COnstitution - has the leasereference to anibile of theprOvisions - of the bill in question,' and Lintend to show that the act of 1862, which wirimodified by a resolution which it hag been trulrlitildwas passed under duress very little to thettredit - bl , the Congress that passed it—that act of 1862 is not affected directly or indirectly , by am.one.of the provisions ofthe Constitution, an a that especially: that, part,' of the act which provide's for seizing property and confiscating it in farsimple is- purely a proteeding -under the lawapfwar and under the 13,W of nations, over 'which the Constittition has no control, and in regard to which it has no effect whatever. The firatiectictfof the act of 1862 punishes the crime .of treason with death and the, forfeiture of per sonal,,estate. That, I believe, is. not objected to, begause personal estate, once forfeited; is forfeited: forever. - There-is no such a thing as a lifetetate in personal property. He who gets . •it for an hour gets it forever.] That is the plaip eat.principle of law,.The second provision is nit those who incite - to rebellon shall be pun ished, with tine and imprisonment. That has ixothifire do with the Constitution. It is mot pretended, I suppose. - that the Constitution in anyway effects it. • Then Comes the clause of the•thill to which gentlemen Mite exception ; ' und,what is that? It is to be found in the stat ute-606115W that session of Congress page 313. 'it provides - that, to insure the speedy termini teen bl'-the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate; and property, mo ney, etaidits,'&e., of the persons guilty, and • ap ply the proceeds thereof to the support of the army of the United States. I . Here is no attainder for treason, here is eo tioaffeatien Of property under any provision of the COnatitntion. Then the law goes on to state how ,yon-are to seize and. condenin property. It it(W,be seized and proceeded a,gaiestic ran t according to the law for that purpose. and con demned. As what? As the property of trait: ors? -NO aueli thing. Condemned as "enemies' pv_qiterty." Does not that show that the Consti tution has nothing to do with it ou the question • of treason ? Here are a body of men in arms tieing . the. United States: This act of Con grAi,`,sa Tar as it refers toteizures of property in San, iefors togthem as seizures of the property of aliqeuemies., to be treated as such:. Now. where is there a Word a'oout attainder of thaiOn't That part of the act does not seize property as traitors' property at all. ' But the lear.neti gentleman from Ohio (Mr. Spalding) , hasavell said all that I intended to say with ref ore, , nce to attainder for treason. r Attainder for treason is impossible under the laws of the'Uni ted Statesras. they now -stand, Without an ex presstact reeking, a conviction and sentence and execution: for treason an attaint of treason. The is :no attaint of treason in the United Safes; And there is no suet' law here. BY the common law of England, after there is aoentence of execuliOn, or a final sentence, for„taaasonaAn attaint is Worked, not by the act itself of the sentence of death, but by the coin nun- law. Ir. the United States there is no com mon laW.'" I need not Say to lawyers iu the House that eo tar as tie States Cover'. moat is-concerned crime, is only by pesitive 'en actment, mid there is 001 crime at common law punishable under the laWs of the United States. Therefore, as there is ne common law - the sen tence and conviction for. treason works no at taiMer. It cannot be. Iris impossible. And nitbeegliihe clause in the Constitution provides against a pbsitive act ofithat kind by - Congress, yet it- c lus never taken, p, ace; and to talk about - Whit,f -eau ,be done 'under an attaint for treason is ifoloitideistanding, the:subject in a legal pint of -view. - ' HIS; however, essential to ascertain what re - latfbii!the seceded Statias bear. to the. United Stal,.e.shiit we may know how to dual with theui, in „re-establishing the Natiolial (it,vern mebt: :There seems to . be great confusion of ideas anagiverkity of opinion on that subject. Smile 'think that those States are still in thee Union and entitled to the protection of the Conttitution and laws of the United States, ate that;notivitlistanding all they have done, tut* at anyjime, withunt any legislation, come, back,. sertdaienatori andßeptesentatives to Congress, and'e,niby all tire-privileges and immunities of loyal _members of the United States. , That whenever- those . I‘vayward sisters" choose to abandon their frivolities and present themselves et the door of the Union and demand adixasion • we mint receive them s' ith open arras and throw over them the protecting shield_ of the Union, of which it is said they had never ceased to.be members.: Others hold that, having committed treason, renounced their allegiance to the Union. dikatiledits Constitution and laws, organized • a distinct and hostile Government, and by force of arms having risen from the condition of ittsttr gents to. the position of an independent Power de faito," and having been acknowledged as a belligerent, both by foreign nations.and our own tiovetnment, the Constitution and laws' of the Union - are abrogated. So far as they are concern ed, and that, as bet Ween the two belligerents, they are under the law of war and the laws of nations alone, and whichever Power conquers maereat the vanquitted us concerned provin cesiltud may impose upon them suldt conditions andliws as it may deein best. r It- - is:olM'ous that this question is of vast int -pc:entice: if the first position Should be estab the'rebel'Stutes,-after having been conqUered and 'reduced to utter helplessness throifgh - the expenditure of many 'billliens of money and the shedding of oteans of loyal blood, may lay' down their ern* which they can no longer wield, claim to be legitimate members of the Union, isend Senators and Representatives to Congress, retain all their lands and possess -ions, and leave. the 'loyal_ States burdened with an mitietiie debt, With 'no - indemnity for their putferings and ditmageS,- and with no security; for the inttrie, , • - If the latterproposition preValls, then Con. greis , will ma diusi ihe 'Ex'overnment-oq the firm bastsof ihdifidual and piiblic justice; will pro tect the innocent and pardon the least guilty wilPpunigh the leading ' traitors; seize their laudrAudestates; seWthent in fee siinple; the frpeeeds into the Natibnal Treasury to die-' charge the expenses and.datuages of the war, - and - provide a permanent fund for pensions to the tWidetweumi orphank and the maimed and m togled itirvivors of 'this infamous weir; end, above all, will forever exclude the infernal cause of this rebellion—human bondage—from the continent' f North America. • Inlerder rightly to -determine this question we Mot inquire 'whether the "Confederate States," are to be considered ,a hestile, peo ple, entitled to no other protectiori or privi legeethan are due to foreign nations at war tfi eaeh other.' Is the present contest to be regarded as apablic war, andlo'be governed by the !tiles of civilized warfare, or only as a do rnestie insurrection, to lie surpressed by crim nal prosecutions before the 'courts of qbe coup= try ;-lithe'latter,, then the insurgents when procieded.against have a right to invoke the prOtiotiOn'et the Constitution a nd muncipal law. — lf , the former, then they are subject to the laihrvf the War alone. Another importaut gnestiod is, is This war wed biZtates in their corporate capacity, or is it merely a treasonable outbreak by guilty individuals 1 Vdttel,- pages 4244425, saYs : " Who Win a Itenublio the nation - is divided into two opposite factions, andboth 'sides take np. arms, his is called civil war.' .t The sovereign i ndeed never fails _to h4tow thAppellation of rebels on all such of his subjects as otehly resist him; but when the Letter havneeiguired istitheient. strengttr to give itint'elfeettiol opposition.- rind' oblige ter carrFY on the war them according to the established la rules;!heust necessarily submit to the :use of the • term eiviiNvar.`" ' r- ' ,• - ' On earth they have no' conticon superior..-They stand precisely inthe'same predicament as two na tions who engage in a Contest, and being unable to come to an agreeinent, have recourse to arms. When an insurrection becomes sufficiently for. midabie to entitle the party to . belligerent .rights, it places the contending Powers on pre t;isely the same footing as foreign nations at war with'each other. For all the consequences of , war, f combat, and of conquest they are for eign nations. Judge Grier t in a, niostable,-lu cm, and conclusive opiniolvdelivered in theiTize cases, says: • • •. ~ • • . • "The parties belligerent in a public war arein dependent nations." No one acquainted _ with the magnitude ofl this cod it ; WI • deny -fu'it !' .chid war. For nearly three years the limited, mate States have maintainedlheir declarntiOn of independence by ibice Trinc, have met with sad defeats. But success_ has not been all (Mune side. Nit . what,ienders': their position beyond contrev6isylsjile great .Powers of Europe have acknowledged them as belligerents, entitled from foreign nations to -equal rights with the parent Government- - ;What . 'is still more conclusive, we have acknowledged them as belligerents ourselves. With unfortun ate haste we blockaded their ports: A. block ade is declared only against a tbreign uation.=, If _they werOtill 'Members of the Union we should repeal-the lit ws ports of entry. A nation mockade itself. i'lWe have treated theie captive soldiers as prisoners of -war, not as rebels ; we have exchanged prison ers.; we have sent and received flags Of truce. This is not the usage awarded to, fin unerganiz-, ed banditti. What then, is the effect of this public war between these • belligerent; fliese•joreigri na tipns Before this war the parties were bnund together by A coininict, by irtreatt called a " Constitutiorli" TheytaelamAedged the,validi ty muukiptil lawi,thutually binding - on each. This war has cut' asuriderall these' ligaments, abrogated all these 'obligations.- " "The Conventions. the trezitiesouute with nations are broken or arm - tilled by a war ;Ili:lug butwuea the contending narties.!',-- - Srattai,liook -3, ehati.lo, 50c,123. • _ • Phillimore says, page 66'2 - " It Was at One time an international custom that the belligerents should, at the beeakirrg oat of the war make a public and solemn_ proclamation that the obligation of treaties beta een thMn hatl That custom has become obsolate. Di - the plaee'of it his arisen the gener-almaxim that war, ipa,3facto, abrogates treaties between - the 6cll4"ffrentk." . I .. .Chancellor Kent says '• As a generarrule, the obligations of tre.a.ties are dissipated by host ility'"-4 - K,at 175. Professor Lieber, -the most lezroe3 of. living publicists, in a c,onimuuication 'to Majiir-Gen-. eral Halleck,- - containini instructions •for the Government of. our armies, whi eh were revised by a board of (Akers and approve . ll. bp,. the President, treats the,' rebel States us subjeet to martial lasi only, and , noPsahjeas to the Mun icipal law of the, United States or to - the Coin stitutioir. On page e. he says-:. - " All municipal law of.tho_pud ori which the armies stand. or of the imuntrtes tb which they be long is silent and of no effect between armies in the field." Hence he declares the slaves free and not to he re euslased, passim. - - • The Suprethe Court:of the United States (in Hilton rs. Jones, Dalt, _224) lays doWn the. same doctrine.' It decided-- that the revolted , provinces of ictrieriea, by the Declaration-of In .dependence, the formation of a Oovernment, and .supporting it by arms, became an indepen dent foreign nation in 1776. ": Team heihre their independence 3%*1 acknowledged .by-aby 'other nation; courts applied the law of prize to them as to - other foreign natiolas. Segeant Wildman (page 6) say: • Thc primary effect of war is to cxtirimiNt all civil intercourse, and to place all the subjects of bettiveccaor in the condition of enemies. This rid tilde ex - tends not only , to the natural-bornsubmos, but to persons domiciled in the enemies' terri— •tories; to all-who come toveside there with knowl-1 edzo of the war; and who having come to redo before the war continued their residence after the commencement of hostillti,cs torn. homer time than is necessary for their eon venfent'departurc." But it is 'said that this must be considered a contest with rebel individuals euly, as States in the L'Hion cannot make war. Th.tt is true so long as they remain in the Union. But they claim to Le out of the Union ; ;tail the veQ tiu•t that we have admitted them to _be in a state of war, to be belligerents,'shows that they are 00 longer in the Union, and that they are waging war in their corporate capacity, under the cor porate name of the "Qoufederale States," and that such major corporation is gonna:ea of minor corporations called Statets:lteting in their associated character. - It is idle to say that townships end counties • and parishes within such Status are at peace, While • the; -States by acknowledged majorities hate decluVed wur.— Is is still more idle to say that individuals witht• in the belligerent' territory, because they were opposed to secession, and. were loyal to the parent Government, are the State, though com prising but five per cent, of the people, and, hence that the States are not at war ignoring the fundamental principle of ilemocra-, lie republics, which is that majorities must rule, that the voice of the majority, however wicked and abandoned, is the law of the State. if the minority choose to 'stay within the misgoverned territory, they-tire its citizens anti sitbject to its conditions. The innocence of individuals forms uo protectiont'exeept in a persona I point ofv iew) to those residing in a liosttic territory.. Vattel, iage 311, e_;ly's "When ate sovereign or ruler of a State deviants war aguindranothersovereicn, itis.understood that the whole nation declares war against another ha tion. React the two nations are enemies of all the subjects of ii - At other. Since 'women and children au subjects of the State and members or the nation they at c to be ranked in the class of enemies." ' Even the innocence of women and children does not screen thein4ont the fate of their tion. True, iu dealing 'with them personally, great difference is made between the innocent and the guilty. But how can it be said that the States are not at war ? Individuals do not make war. Individuals may take life, but they can not make war. They canuot be recognized as belligerents. War is made by chartered vrenr porate communities, by nations or States. Phillimore, vol. 3, page 101: section 69, says : " NeVertheless. as war is the conflict of societies, that is, of corporate bodiespeoguising and governed by law in all their actions. • Se. On page 100, eection 6S, he says: ' war between private individuals, who- site members of a society. cannot exist. The use of Three in,such a case is a trespass or violatfon of municipal law, and not war," The Supreme Court of tini United States, in the prize cases decided at its last session, says "Hence, in organizing this rebellion, they hare • HOUSE AND SIGN ER, GRAB'ER, GLAZIER; AND ' • PAPER HANGER. - - • Shopwin the Old Armory Building, (up Stairs,) next door to the "Old Jail," Pester er • - Foltz's Carriage ffilinkfactorij, op posite Brown's HOW . , and - ' CORNER OF SECOND 'AND MARKET STREETS, • CHLIIIMPSBURG. PA. - I respectfully take this method of thanking the citizens of Chataliershyrg and vicinity for-the veil liberal patronage recerved at their bands for thepast year, my first yearin this place, and flattering myself that I have done, and am still ,Prepared to do , the very best work in my line, I solicit a continuance of past favor. • B. T. FELLOWS. P.S. I respectfully refer to any of my patrmoro James Eyster, Wm. McLellan, Lol. - A. li. McClure, Rev. Mr. Niceolls, Presbyteriab Church, Dr; Rich ards, Dr. Fishier of the - German Reformed Meow ger, J. Allison Eyster, Wm. C. Eyster, and any otb-_, era for whom I have done work—for character of work.done and expedition ihn17.63-tf. $112,-X&lr - ME ;: ) .49,ig X • GROYE, of .I.pmt of the pany.jiml D. T. F.