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have in a foreign war. And this conclusion from the observation of the ingenious publicist has been practically adopted by the Supreme Court of the United States in those recent cases where this tribunal, after the most learned argument, followed by the most careful consideration, adjudged, that, since the Act of Congress of July 13th, 1861, the National Government has been waging ‘a territorial civil war,’ in which all property afloat belonging to a resident of the belligerent territory is liable to capture and condemnation as lawful prize.
But surely, if the National Government may stamp upon all residents in this belligerent territory the character of foreign enemies, so as to subject their ships and cargoes to the penalties of confiscation, it may perform the milder service of making all needful rules and regulations for the government of this territory under the Constitution, so long as may be requisite for the sake of peace and order; and since the object of war is ‘indemnity for the past and security for the future,’ it may do everything necessary to make these effectual.
But it will not be enough to crush the Rebellion.
Its terrible root must be exterminated, so that it may no more flaunt in blood.
The last point is found in the Constitutional provision that ‘The
United States shall guarantee to every State in this Union a Republican form of government, and shall protect each of them against invasion.’
In these words, ‘guarantee’ and ‘obligation’ on the part of the
Federal Government, is found the recognition of the original concession it had of a power conferring jurisdiction above all pretended State rights.
And the occasion had come with the war, for the exercise of that twofold power of the national government which had been thus solemnly conceded.
He therefore remarks that—
All that Congress proposes is simply to recognize the actual condition of the States, and to undertake their temporary government, by providing for the condition of political syncope into which they have fallen; and, during this interval, to substitute its own constitutional powers for the unconstitutional powers of the Rebellion.
Of course, therefore, Congress will blot no star from the flag, nor will it obliterate any State liabilities.
But it will seek, according to its duty, in the best way, to
