The Franklin repository. (Chambersburg, Pa.) 1863-1931, March 16, 1864, Image 2

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Speech of Ron. Thaddeits Stevens,
. ,
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 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
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
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
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. 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
<mkt( as Statoir claiming to be sovereign overall Per
sons ritni property within their respective limits and
asserting a right to absolve their citizens from their
allegianee , tozhe Federal Government." -
Mr. Smith—l do not exactly understand tho
position, of the gentleman, nor do- I know that
the question which I propose to ash will cause
any difference in the result at which the gentle
man arrives; but from - the - remarks already made
by him, I des ire to ask him this question : wheth
er he takes the ground that a State, and not the
individuals of a Slate,cammita the crithe of trea
son agaiustthe government of the Milted Staten.
Mr. Stevens—l take the ground, pir, that when
you cannot punish them las traitors, you can
make war with them as- belligerents. It is not
a question of punishing under the Constitution,
but outside of it.. These metiare inemiee, and
we are treating them ae enemies; and I have
no doubt that, as States, they are at war with us:
Mr. Smith—The question.that I mean to pat
directly, if the gentlemenwill allow pie, is this ;
whether the Government has power to punish a
State - in ltwemporate capacity, ind not the
izens of a State as individuals?
, Mr. Stevens—l Mean to say that if a Statepttt
the firanklin Ilevositorp, ,March . 16,.1864.
a State, makes wact anon:the Government and "It is no lebeofennosemnized is having
no defin r ed_brtiOdy of'&ossessiodeg..4.t. has a beund
becomes a,belligeriat po?Weree we treat it'as a
Ibreign-natiou,...and,When We conquer it we treat :gee% only 4....r e ! f ikeAlthktlir i z At i r . ,A l ) , ) , ° ,
it just as we ;do any:Other foreign nation. That territory ,".because it' is ;claimed ',Mid held nines!
is my. Positieite;very distinctly. se side br an;ntanized ,hoStalOnd belligerent
' ! Mr.: Smith. , --I. understand the, rule of law to POTer."-z- :' 'l• - -- i - , - II - .e' ' ," '': •:
be that a cerportition hasneither body nor sonl ; .
' .- Tlie sante' Judge -ffrist alitiVerr'l
,eferred to very
hiCensistently-toridemnedtd . laWful prize u reb- -
and. theiefore I would like to ask the question
el vessel captured by one of 'our vessels. Why
whaler we can punish' a State which, as a cor
! poration, has neither body nor soul? did he not say, 'This property c'auttot be helot,'
Mr. Stevens-If the gentleman be right, how it belonged to one of our citizens; and no nation
therecould we putiish, Great' Britain when We 'over eaptiares the' repertv.-ofite4wn eitiEena.?"
make war upon her? ' If' she has no soul to be -SuPpostettie"-rebelel should etintitieleMnrilinid as
-dafiined, She e - ertainly - hailf hody'to be Seized: we have.Tennesseeeandethe parties should tan
[Laughter.) When we conquer her weal:tall tually area to cease - hostilities, would not Ma;
take ; gra:card; let nie tell 'therie s titleniiiethit
e- rylandleloug to tlie- Confederate States and
she'fihaltbe properly iiniahed.. irwe- haie al#, Tennessee ththe United - Statpel By the laws
regard for eam:petiple at all.
•-- of war, -When peace erisues -without, any stipule
-- e
„-- -:
Mr. Bliss-I ask the gentleman fromPennag-
tom as to er 'tor). each one maintains the uti
vania, if the seceded States are foreign govern-
pozsidetis. Does not this show that when we
' conquer secede'd. State. we 'take it as liostilel
men-fs e whidright Ivo hard tit adjudicate, urbn
their prirtite.propeity. ' - ' -' - territory and not as' °M. 'oeen 'I ' The Confede:
Mr. Stevens-When we, seize It as the ptle..-
rate States cannot be a foreign cation for one
erty. of . .eneinies during ewer We have ariglao PRrpeseand not for all-e-for the purpose of ob
take if. - —. '- . - Madrid 011ie protection of a - belligerent under
Mr. Bliss-And holdjurisdietion over theioil the i law of nations and yet not incurring any of
ofa foreign 'country, : . ~, • .-- :: 1 - 5 -e i
call tal ; , rtelemalties...e Thie Would be showing a remark - -
Mi. Stevens-That is what I shouldable advantage to a Belligerent made up of trai
phibious action, Which the ' gentleman Willun-
tors and rebels over an `honorable foreign int
derstaxitlfrom my . remarks. %-- - - ---, -. :- tion.Withavhom whwere unfortunately-at war.-
' All - Persona residing-within thia - territoi- Wleac' - ' :ills, would beAs unjust as Absurd., - eto increase the revonms of - Suppose the Confederate- States should. con
the_ hostile-etewer, are in thiticonte'stcliablo F.) he quer the_Uttited States, could we delta the be
- , treated-as enemies, though not foreigerctsf -
nefit of the Constitiition of the - United States
Alia:seem - a tome to settle -the queStioi.- and bites made under . it I Would they not have'
LThia initY work a hardship;Citt• loyal-mei-7°p
right to holdors as conquered provinces, and
posed to tlie - ivar. But to escape the coidie I isphse of us 'as they might deem best I Cer
tion of enemies' they-must change theirdouicile. ' aluly,such is the law of nations. And yet con
-leave the hostile State; .for ragain-riteitt
• - tervativ.e.gentletuen, , With some smattering of
thercean nO neutrals in allostile State.' ea ilie
knowledge, ignore the doctrine of mutuality,
Cuited States are at ,vviir with an acknowlidged
belligerent, ' with - - a - foreign nation; and_assuch ar .T-- a ' a Y. as-t - he it ' nie light!' her
-rebels '
now did Englund deal with
war has abrogated all-former- compacta•exsting' tt „... . . •
v i e:, inetiny in India I When sire reconquered
h af t great
e to n r:Lr:', sh e e n declared i.. ; c,
between them, neither-the Alnited State..ner .
the Confederate States can, as magnet theither, .
-claim-the-aid of the Constitution ; rit- thelawel , ilieauhellion, and tfifiTta!`ri'gleitien d th
pussed•underit. -If they-still-ex*, thOlirvee soil was eontiseatedzto- the British Government,
Milder of Siintli Ctirlimi, might claim thetiol of Ythieh would dispoe'er that right in such a manner
the fugitive slave law . .to - regain. his absedideol
as to it might seem'fitting:" , a ;
- To my Mind there can be no doubt as to -what
slave. So - Geo: - Bafkadale and, others Were
wtholit, we have a-right to do ifeiii I Will.- not permit
murdered, beeause boo wits
enayaelf to.doubt, we :should fluitllY conquer the
being tried and. condenined . iiceerdiiia -`o. the
e' --- Ci nfederate States... What it will be policy to
provisions of the Censt limier,. . . . .
- - do may be more difficult to determine. , My
I am not now cOnsiderin; hew ihr undr the'
,mind is fixed. ',-The'rebels have waged the-most
rights ,of sovereignty ,thei - Parent,-State may
nejust, cruet, and causeless war that was ever
plash' the individuattraitObewhen the innici
presecuted by rutidesi murderers and pirates.
-pel laws shall retatine their sway. I auereat-
They hgve-• compelled. the Gbvernmeny in self
hied 440:."tliiabitilkes of the belligereuseitnd .
1 , thei;)riglitE as belliO re tits ulltilirthe Coh stititi on; inchlitth t e o sol P o e f u l li ht -b g i i i i i i i l g t; s po ° r f ti lu on ? o n it Y aS usurp
I.deny thetethey,have any. I : The assdiated
ing power should be held -responsible to renn- -'
States, amine ! Its 'a public enemy, Acitriclaim. ; -
.burse all. the, costs of the ware to pay all - the ,
fiothing whictithe laws of wax oloamt graite.eee
damages to privitte,property of loyal men; and-'
' . By the law of nations, the Captain ancerevv - -
to create an ample fund to pay pensions to
of a vessel are supposed toebe'struidiugnethe wounded soldiers end to the :bereaved friends
seil'of the liutiem - Whose -flag the shipmars,
of the Maim', Who - will object_ to this I . Who
!ilthong,h in diataiit seuse ' Those armed ussels
n-ill Cement that his constituents-rind their pos
' that:belong to no endive, and tniike'Wir are Amity shell be brivolened.with fin immense load
-pirates. The klabainre and its'-fellows to not
. ea - Used by these, Woody; traitorel - Their lands
treated as pirateseAndilMat therefore been to
:if - sold in fee would produce enonghfor all these
an acknowledged nation - a That nation is -the,
~Cenfe,Oratio States. t fi - o
tut-if the -ritoryef ... purposes, and leave a large'surplus. Such coi - ithe..
'Confederate Statexis our territory; then h who "5C414)11'4.- course 'w°4 l Cs.Pare the property of
those who took no part in the war, and of the
treatistthe,deelt'oftlieeklabiona'or Florid:stands
common soldiers,who were- ccatiPelled by the
~ i nfinfieseil, tindephinderhig on the higheitoeia.
raws..of-their States to enter:the army.
:a pirate. ' We: do nut soft-teat them.' Util - We
All this done, and yet the half would be left
have conquered the county- - held bithe (confect
undone.....Oppressive as would be the debt, and .
crate States, covered by- - the confederse flag,
grievous the toss of ,our loyal citizens, yet if an
it is it foreign conntry. ' When we. do Mnier
honorable mid safe peace were nttle, our free
it is a conqueled'eortetrv., Any other pmeiple: and prosperous people would bear it Without a
would render ell'enr conduct int - sista and murmur. But if a disgraceful peace were made
anomalous. .
' leaving the-cause of this rebellion, and-the fruit
'lf the rebel States arestill-in the tuio.'l.Ser- fill cause 6f . future wars, untouChed and living,
no reasomadv they ..should not elect th next -
, its aethera Would be the - objects' of the
Presidept Of the: United StateS. .1.14 ,tutiher execration and of thhbleckest.infamk... While
of them-blight - Meet and choose electosewlio- the Coustitution- - pretected the 'institution of
might east their' votes fee I'residinat all Vice, layery very few -desired toi, disturb - it in the
President, Mid demand that- they - she'd' be' , '
Statee. There were not thrtie thousand aboli ;
counted by Congress. Or, ,if the rebel:decline ' iiortis, properly en called,inthe United States.
te vote,-then a hundred lop-il Mee, "whanre the'
But since those States have-volnutarily thrown .
State!' might meet and choose' electors The (,l: .1, oti that protection, and placed themselves under
few lovnl men • around Fortress Menu°, the law &nations alone, it ja not only - our right
Norfolk, or: Alelante and a few- 'clamed lint our duty to'knoek oil every shackle from
patches in Louisiana, being- one theiMandhpzt
of the States,might chotie. elekosa ;;'or -.fir- ever;elhub. So far as other nations are, con.. t
~, i . . eerned, tlik-e is not a slave in the Confederate
whole States. ' '. , -, States. As we have seen, the law of nations
The. idea-that the 16'0 citizens, thougefewe
fixes their c ondition, By the law no man can
aretlic State, and. in State Munielpalitiamay
hold property in man. --
and govern the disloyalmillions, have
not been able to comprehend. If ten me fit to phillimore (1, page - 316, chapter.l7) says
save Sodom eau elect a Governor audother
ibr States or individn
in als,to . possess— to-
State otlieers for -and against the eleveniund- perty man.-
red thooisand Sodoinites in . Virginia, tire the " A being endowed 'with Intellect, IMssiOn and '
constienee cannel be acquired and alienated. bought
i Democratic doctrine that. 11 . 0 - majority shityule
is discs rdeti and dangerously ignored: Viten l a in n d u s i ld e i t t his t d epow-beils ii , lik e
l an , inanimate or
the doctrine that the quality andnet the umbel •• Th e chi.f.,','ina,l,lZeSi.nilinZisi„Vi.,lrtfu.t' irrevocably
of voters if.; to deride the right to g o vern;h e n arrived at the attainment of this great truth; and
we have no longer a Republic, but the torst
l oTto " tli
r t l has gone out into all land:, and its voice
' form of despotism. 'flm saints are the sit of `. - The l e .lac s k o i f r t in ie is v'. o n r 0 14. M. ore cap
able of being a
the earth; but the "salt of the earth" dot chattel than the white man."
carry-tire elections and make Governorand ' Such, thank God, is at last the national law
Presidents. Within the State of South Ciro- of theeivilized;world. And *Alois there base
line a srebel's vote weighs just as much as rival enough in this le eptiblit- to wish it other Wise or
voter's. We may commerrebels and hold tem - to attempt to, evade it . ? He who - now wishes to
hi subjection, Dud legislate for them as son- re-establish " the Union its' it was" and to re.:
quered people; but 'it ie mere mockery tray tain the " Constitution as it is " -cannot escape
that, aceording to any principle of popular o'- the guilt of attempting th enslave his fellow
et-lit/met yet established, a tithe of the resient men; ,
inhabitants of an organized State can chage But something more must be done than to
its form and carry on government hecase declare ail Weil free in the rebel States-. Sup
they are more holy or more loyal. than he
,posing them now to be conquered, until some
others. . I = legistion by the conqueror takes place us among
From fr this the legitimate conclusionis, themselves, theirehl laws and institutions will
that all the people and all-the territory whin remain. Until we declare otherwise, slaverv
the limits of the organized Stqes which, t a evil] be among their municipal laws and will bind
legitimate majority of their citizens, renonmd Allan in their intercourse with each other. Even
- the Constitution, took their Statiar out of he if you were to liberate every slave now - and
Union - end' Made war upon `the Ceovernmat, thep readmit them into theTition as free States,
ere, so far as they are concerned, sebjeet to re the moment they had acquired that standing
laws of the State; and, so fur as' -the ..ITnil they would re-establish ' slavery and enslave
every gran of color within their limits. ,Xou
States- Government are concerned, subjecto
the laws of war and of nations, both while to corn prevent this only by amending the ,miti
war continues and wlieu it shell be ended. =
tution of the United States, prohibitin e
If the Uhited' States succeed, It* maY le - forever in this, Republic. " The Un' as it
treat the viinguished belligerent ? Must to was and the Coustitation us it is "is an atro
treat her precisely as if she had always hete cieus ido T; it Is man-stealing.
tt .
peacti I' If se; then this war, on the part of There: s a class of very resp e &able Meu-whese
United Stated, has been not only a foolish but vocation and habitual' reverence for the Union
compel them openly to condemn secession, and
very wicked one. But there is 110 such absill
principle to restrain, the hands of the'injurl . vet whose argument and opposition, toallelfec
victor.. , ' . trial means for its suppression show'thattheir
By the'laws of war the conqueror may see whole souls and secret .Yearnings are with the
rebels. They are laboring hard to establish•
mind convert to his oWn use everything th
' principleS which, when the traitors are subdued,
belougs tor the enemy. }weaken the -enemy, at will remit them both as States and indiViduals
when it is ended the :things seizedmity bee' to all their ancient rights Miti r plivileg,es ;to the'
tab l ed to pay the expenses-of the war and-ti, right to eeter Congreas and e,ontrol our conned's'.
damages caused by it. Towns, cities, and pr To this end, mistaking the argument, they con=
videos May be held as a punishment for an ir tend that the - war has not abolished State Govern.
just war, and as security uguinst future aggro .nient, I observe that a very excellent Rhpub
limn meinber of the last Cougress from Ohio,
sions. The property thus takep is not coutisen
is cited as holding that the rebellion has not
ed under the Constitution alter convictien.ft
treason, but is beldby - virtue ofthe laws of wa destroyed .State governments. I have iikee
supposed that it did. On ' the other hand I be-
No individual crime need be proved eguinst tl
owners. The fact of being a belli,gerent enen lieve the State governments in the rebel States'
carries' the, forfeiture with , it..„ Here ,was tt th be as perfect now as before ,the rebellion.
error of the President when lie vetoed the
lint that proves what these conservative gentle%
fiscation bill passed by, Congress. In the en Meu would wish to avoid; that being subsisting
States, capaplo of corporate action, they have
fusion of busieesa he over the distinctic
between a traitor nude belligerenteneMy. as States changed their allegiance from theUni
- ' Vattel, page 125, says: • ted States to the - Confederate States - and that
" Everthing, therefore, which belongs tothc n: a to inhabitants, o suchhostiles corporations
11 the f '
tier). to - the State, to the sovereign, to the subjects „,:,. ..
Lave forfeited all rights under the Constitution
whatever age or sex-everything of that k ind. I sa
falls under the description of things belonging' which they have renounced: and that they are
the onernr. , As - to 'landed estate, property of th 'forever estopped from claiming the "Union as
kind does notecase to be enemy's propel t ye thoup tlt, is Indeed true that the Unite d States
iili',,,;v.a give s'" them throes right's residentpossessd i b n y
n it
h n n e s u t t i r e al ee four n e t i n gT, since the h th a e re ow a n ri e g r
gilts if it choose, but they
to deprive (=enemy of his possesSion of ovary cannot claim them. Nor do I contend that the
which rimy_ augment-his strength and enable hire rebellien has- abolished slaVery so far as it re,
make var.!! (Page -349.) .. In fine, we seize on t
sects the citizens of the rebel States. Over
, enemy's towns, his provinces," &e. p
I am aware, that a respectable -Jidge ha them the State laws have full power until chan
denied, this doctrine, because he says, !'No 114 ged by the conqueror. ' But as to all the rest
tioh.erer makei. conviest, of its own territory , of the world, us to the 'United States and for-
assuming is a fact Which does not exist eigp natiOns,,Aliere is no law,
no rule of interne-
The moment a - power becomes an acknowledgeitionaraction which' re - gulf - ea them to respect the
belligerent, itia 'Politically the owner of all thialave laws of the States. Foreign nations never
territory within the acknowledged limits of 'thiweie tints bound, end have never se regarded
hostile power. All the lands and; towns en4thetn. A slave escapi ‘ ug from. South Carolina
people within such boundary-, so ferns the conto.Cittiadtt, or Jamaica, is free; and there is no
tending parties 'are concerned, belong toll thOopiiity of nations which requires his return to
belligerent so far as the application of the law is: Wore it- not for. it ;aingleprovision of the
of war and of nations touthes them.- The cottrVongtitution every State in the Union .would -
in the prize cases says: i - , I ,bave been on the same footing as fore ig u nations.
That provision, - 7- . i God, -is now dead--kill
ed bytthe .traitors " . Ives.. All this strug.
ileStalth7:44 4 ,iliffled an moderate pa -c :
trietsiall - thiCelaiikAta ns t radicals; all this
' . .cq of frt'•.the'Union tialt . .4vas and the Constitu- s
1 thin its:it - it:4,7lS but :u; effort to re-'
',establish slavery, uthrt o ,jrivet anew and forever
'the chains "of borlda*bn'vri,li bs of immortal
beings. May the God - Of juis ,ee thwart these
designs and paralyze theirivi ed efforts!
I pray gentlemen to consid r that any other
doctrine than this will fatally 11 upper them when
they , verament'• -
To 4entlemen who Were m mbers ofthe last_
Congress thii is but repaiti n."' At the extra
session of 1861,. I advanced thi3same sugges—
floes; and I have repeatd the on-all occasions
that I, deemed proper since. They were not
then quite acceptable to either side 'of the.
Hence.' But:I sin glad to find that the Presi
dent, after careful examination has come to the
same concinsion. In details we may not quite
agree; but his plan of reconstruction assumes
the same general grounds. It proposes to treat
the rebel territory as a conqueriir alone could
treat it. His plan is wholly outside of and,
unknolvn to the Constitution, but it is within the
legitimate province of the laws, of war. Ills
legal Mind has carefully studied the law of na
tions andreacheda just conclusiod.
Martial law is not Unconstitntional. Hut - mii:
niCiPal laws and'inartial law do not act concur
rently over the,sanie territory: The Cbustith
tion leads in martial law,
-add then retireg until
the clangor of arms ceases.
The condition of the rebel States having , been.
thus fixed; reconstruction becomes an 'easier,
question,.becauso we are tratrammeledlii mu
nicipal compacts and laws—that refuge of Con
servative sympathizers With our "erring breth--
ren." The President may not striate 118 direct
'a blow with a battering ram again:4 this Sabel
as some impetuous gentlemen Would desire; but
with- his usual' shrewdness and caution. he 'is
picking, out . the mortar from the joints until
eventually till', whole toirer will fall,
' When the Fee North shall be united, when
that odious party which is inspired by the' love
of Slavery alone shall have sunk into 'thereon
tempt and be despised 6f all men, then will the
traitors' hearts sink within them ; then will the
brave freemen of the North, aided by the perSe
ented loyal Men of the S,Mith, bear aloft the
'banner of the Union from the lakes to the Gulf
of Mexico,•and from the Atlantic to the Paci
fic ocean. , ,
-.Having, crushed into atoms the ‘ iphemeral em
pire, whose 'corner-stone was slavery, they will
establish a united hod enduring nation on the
solid fbuodation of universal freedom.,, Such a
nation, possessing the most fertile soil and every
veriety of climate, will soon abound with un
told riches. and will Swarm with millions of
just, intelligent, and brave free\uen, who will
• bid daia nee, to the despots of the earth.
QUAK' E R I C _T ,Y'
L: FAIR. BAN.K,S., A. M.,
for the lust four years. Principal and Cldef Business
Manager of Bry'ant &Stratton's Commercial College.
Conducted on a new system of Actual Business
Training, through the establishment of legitimate
Officers and Counting House, representing different_
departments of Trade and Commerce, and a regular
Bank of Deposit and I . .de, giving the student all
the advantages of actual practice, and
him in the shortest pos4ible time and most effective
manner for the ,various duties and employMents of
business life.
The course of instruction in the Theoretical De
vart ent em briiCeS elmt erciulCll
r+ilt to ud, lectured u'n Bueirfeee Affaire, Penmanehip;
t'unaderri , cl Lowe, Fcrni ("orceePiltadeitre, dy, In
the student enters upon the Graduating Course,
which includes a continuation iu the above studies,
with their practical application in alltheir details.'
Ile will in turn fill the •position of Accountant and
Proprietor in, the various departments of Whotcxate
find Retail Trade, Forwarding, lobbing, and
m ivdon IhrAine.., Bankinp, 3fanpfacluring, Xining,
Steakilmating. (N._ and' tell/ km//if Oa WI ao4 kr.
Book-Ko-per and: Teller in flee Rank, in each of
which positions his, previous knowledge tai I be put
to the fullest practical,test.
This Institution otlerkto young men num emu; ad
vantages not possessed by any other - Commercial
College in the State, It is complete in all its ap
pointments. It-is the Only Institution in the State
conducted on actlial husinessprinciples. The course
of instruction is unsurpassed, and may be completed
in about one-half, the time u,ually spent in other
institutiont. in 's consequence of an entirely new ar
rangenient, , and the 'adoption of the new, practical
system. :'„ .
Dipinmaaj awarcle.diupon the , cernpkition of the
L'onenrercial whijh embraces all except the
higher seti , of Banking, itanufactur-ing,
ef•c. SN)4I fog - a circular. ; (.1c62-Iy.
Commenced a now quarter on Monday, February S.
Largo additions have been made to its already ex
tensive apparatus. a full and:efficient corps of tea
chers has been employed, and no pains or expense
spared to -ender it 011 e of the first institutions of
learning in the country.
,Particalar attention paid to Teachers and young
men preparing for College.
It is desirable that Students enter at the com
mencement of the quarter, but they may enter at
any time, and they will beeharged only from date of
entrance. Toms her quarter from '4 , 4 - 1 to' A de
duction of from the 1.)ills of Clergymen. iiend for
J. IL KL*NET, A. 8., Principal, Greek,
and Modern Languaees.
A. 31, TRINIMF,R. Commercial Depft#llloTlL
MISS II; H. PCRKINS, PreCeptreS:.;, CUM. Eng.,
Painting and French. •
Miss tistun A.FIAIIIY, Primary Dept.. Pencilling,
C. - ayening,
Music. fellnmb!g, Jan. 27, 'al.
FOR 'YOUNG LADIES,—The Slirinf , " Sesaioc
will commence on Tuesday, flthlB6l, but boar
ders can enter at any time, and will 'be charged ac-_
cordingly., A large attendance: both in the plimary
and academical departments, gives evidence of an
interest in. the school not surpassed in any former period. 1/liss S. H. Cat tis, assistant in the higherde
partinent.:beara testimonials of her eminentfitness
to instruct in the higher branehm from a 1:-!eminarY'
in the West, where she taught for several years.—
The nriniary Department. is eldeity under the care
of Mrs. C., IL Momey. the effects of whose energy
and eiliciencrappear in the flourishing condition of
the department his Z. C. Deforest is well known
asap ableand experienced teacher of music.
TUITIOIN.—From $8 to :515 per session oLfivc
months. Boarding, '*fit). •
TEACHERS FUR).7ISHED.--Scheols end- fami
lies in nc ,, d of teachers can hear nf young ladies
well qualified, chiefly graduates of the Institution,
by . addressing
Jan27-tf. Rev. HENRY REEVES, Principal.
Z 3 etitistrg.
DR. R. W. W. SCH LO S E Surgeon
_Li Dentit. has removed Office from the Surgeon
lion House to residence of Mr. John Noel.. North-
West darner of the Diamond, and immediately op
posite the Franklin Hotel. Office on' the sect*
floor—entrance through the passage,lo the right
you ascend the stairs. • • • jun 17,63.
1) E-31.0V A, L ,J. K. REID.
I.lld Dentist, haarernaved his office from theborner
of the Public Square, where be practised so many
years. to the corner of Main and Queen Streets,
above Heyser S Cressler's Drug Store, Chnmbers
burg, Pa.; where he will bo pleased, to receive the
calls of his friends. jun 17.63.
Uir v/ .
have not
the Ban •
Bands. i
5-20 BONDS.—Those persons
o have subscribed for these Bonds, and
yet received there, are requested to call at
, surrender theirdne bills and receive the
[mar me) G. R. MESSERSMITH.
— ,..1. .
• , 41 , 1 -. t iatta - '' - ill.
....,. of the AMERI . AN'," ILA' INSURANCE
'MST CCU. t Vit.itzti ,STREET:, SOL - 171-f.iFiT C.
IN AlSTRa'ftads/Phia t -CCT the 3tear ending Deem
1 ber.33.5t.,18 . ' •
Premiums received RECEIPTS
Interest: **
Rents _ .
- • - - DISBUESEMENTS,--,-
Life Losses &e. paid. amounting to Wand 18 -
Comukihsions o Trayolting AgiAtts, anti,tix-f•
PenSc4 of AgitiCi.o.l;.:_.. • 27, 8 48,
: - Bouns Certificates prirotiased, and viri- -
den& paid
Salaries and Medical Examinations-. ...... .10,047,1:0
Real E.-Auto.
......• 1,36; -
ndturn premiunis and- ' 7,876 34
rinting, Adrerrg,Station'y, Sturaps.&e. ' 7,541 66
5100,00011. S.', s=2olinati
600 Shares Benna., Rail Road Stock
$lO,OOO WyominCanal Bond=
:$O.OOO State of Tennessee Bonds
$lO,OOO Phila.& Erie Rail Bowl Bonds:
442 Shards Corn Exchango
510,000 Pittsburg. Fart Warne;grid Chi
cago Rail Road Bonds
20 Shard Consolidation Bank?
:$2,0(10 Allegheny, counts Bonds
Reading Rail Road Bonds
107 Shares Farman:Bank of Remling..:
$8.300 City of Pittsblirg arid other BoodS
142 Shares Williamsport Water Cifeup'Y.
5;3.000 City of Philadelphia Loan
192 Shares American Life . Insurance
an& Trust Company
Mortgages. Real Estate and Granted Rentss3o.:).3 , t 603
Loans on Collatcrals amply secured...,.... 159,533,94.
Premium notes secured hy - Policies ' 61.2..M13. 5 '
Cash in hands of Agents secured by Bonds 12,71'1).62 ,
Cash on hand and in Bunks 33,358
. 4 1518, , t40 51:
Calculated to December 115t,1§63 -, , 1. R 6.249,,e6 I
Or amount necessary to reinsure all out-.
•-•- •:-
standing risks." 158.482 fa .
Philadelphia, Feb. 4. ISM.' '
The Trustees have this day declared ni Dirdend,
of FIFTY PER CENT, on all premiums receixed- -
upon Mental, Pouctg's 'during the year Midmg
December 31st, 18G3; and in foreit, that date. the
above armiunt to:be credited aid Policies. and
have also ordered the dividend ISGO on Folinies
- during that .year to be paid, as the annualpremiums on,,said Policies are received. i
OFFICERS. .. - -. .
President—Alexander IVhilldi - -.- i ,
Secretary and Tiwuotrer—Jeat 'ilean.
J. Edgar Thomson, George Nuge
n is.Jaines Pol
!mgt. • Albert C. oberts, P. • gin.. Samuel
Work, William J. liotrark - -Ilen.4ioph Allison.
Samuel T. Bodine; John Ailtman, Ch. Hear.-
litt. Isaac Ilaxlehdrst. - - -- i' * .
-W . n . G. REF:I), Chamberiburg . Pa... rs * 6 author
ized Agent of the American' Life In=' yttned 'and
Trust Company, and is always PrePpreAto furnish
pamphlets or any information Iva' itetitctind to take
Insurances. OFFICE;, inihe Repositiirft Buildinzi
DR. J. C. Rim. EDS. OfttiCrt/ h.r.VniuMr. •
REFERENCES--lion: A. K. McCliire, Rev. 5.,1 . : .
Niccolls. J. S. „Nixon, Cb ainhersburg,,, and ,Wm..M.
Marshal Cashier Hagerstown Ilan.. - , . .-ftnnroli '2.
(VTR AGENT.-31r. J.
V Chambersburg., is tha
Franklin County Mutual Insu
VUbittat 51' •.; •
Ear fib/idled in 'IMO, - " '
Is the oldest REPORTER published in this coml.,
try, and•hes never' missed a number since its emu
meneernent, now nearly
34 YEARS. • •
It is issued on the Ist and sth of each:month, and
it has by the :cvell known and admitted ability-with
which It is conducted; long shine earned its position
of the .
tandard Reporter of the rouiltry.
Our whole time and undivided attention is glien
to, the Reporter,. and the many years of experience
we have had, and the great facilities we command,
enable us to give to the Public the most correct'and
reliable work of the kindpublished. ,
Our Corrections and Quotations' for each number;
ore inVariahly made up to the hour of going law
the Printer's hands, by the well known Banking
House of
86 South' Third Street.
We hold ourselves bound
To Redeem at our Qlottitifn *.
at thetime of going to • press. - --
. The Reporter contains amore correct list of Conn
terfeits and Altered. Notes than any other-Reporter
now published. Each number contains a full
correct description of-all the Fraudulent, Notes pot
into circulation since the preceding issue.
Particular attention is paid to . •
It is a full and complete list of all Stocks offered
at the Board,of-Brokers. It is always corrected up'
to the day of going to press.
Are always full and correct, the corrections being
made up to the day of going to press with each issue.
One Copy, Monthly, one year , *1 (0
()no Copy, semi-nionthly,one year - 2-tx)
Subscriptions may commence with ; tin.y.'montb.-7.-
Terms always CASH - IN ADVANCE.
All letters must be addressed to the Publisher,
45 South Third Street,
_L PORTER.—Published semi-monthly.
Semi-Monthly $2 t Monthly
The only Bank Note Reporter in the country with
Quatatinns in FOUR CITIES.
_ -
- Subscriptions may commence with any month.—
Terms always cash m acivaime. An communications
should be addressed to .L S.F. COHEN,
Inar 2-30 23 South Third Street; Phila.
3300t0 an/r
NE"VS HOE 8 T OEE.—The sub
scriber takes thii method of informing tlio
citizens of Chambersburg and vicinity that he has
just returned from l'hifedelphin with an ENTIRE
LY NEW STOCK of Boots and Sh4Z-1, of overt
variety, style and patteru, and of the' best manu
He has no old .shopkr.eperB on hand. His whole
stock is neer. Give him - a call—you can easily suit
yourself. Hainrites the Ladies especially. to call,
as-he will take pleasure in showing his goods. Store
in the room formerly occupied by Frederick Smith.
Esq., as a Law Office. and, m ore recently used f9rthe
purpose hv George Fyster, Esq., two doors North of
Fifher's Hotel, Main Street. Chanthershurg, Pa.
His large and well seleetedstoek. ho beim:a - brae=
tieal Shoemaker, consists of 'Ladies' Gaiters,. Boots,
Slippers and Buskins; Misses and Children's Monts
and Shoes; Gentlemen's Gaiters, Slippers, Boots
and Brogan's. -
Don't forgot the place. No trouble to shoWrgoods
at THE NM' STORE, two' doors North of Pish
er's Hotel, Main Street, Chamhersburg. Pa,.
iun17.63. PETER .FE,I4DMAN.
ALL A N 1) SEE.--7Themideridt,riv.
ed announces to his numerous friends and cus
tomers that he continues:to.. manufacture to - eider.
and keeps on hand, a full - and-complete assortment
of earions 'qualities' and hiles of SHOES and,GAI
TERS, for Ladies, Missetrand Children.' Ms ngort
.ment of BOOTS, S.IIQES, &e., for Men and Boys'
wear is complete, to which he respectfully invites at
tention. mis of alt kinds made to order, in a neat
and durable manner,..rind at short notice. Call nnti
see before purchasing elsewhere, and he will satisfy
purchasers that he sell at very smallkrofita for
cash. Don't forget the place- , nearly oppclsite Elute
Store. Chamberiburg.-Pn. - -
Vaintiitgi ( . {4igi 4c-;
1 N A R Er• Tr:- FELL OW-S',
' • 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 - '
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
$112,-X&lr -
;: ) .49,ig X
• GROYE, of
.I.pmt of the
D. T. F.