These constitutional guarantees cannot be estimated too highly, or protected too sacredly. The reader of history knows that for many weary ages the people suffered for the want of them; it would not only be stupidity but madness in us not to preserve them. No man has a deeper conviction of their value, or a more sincere desire to preserve and perpetuate them, than I have. Nevertheless, these sacred and exalted provisions of the Constitution must not be read alone and by themselves, but must be read and taken in connection with other provisions. The Constitution was framed by great men--men of learning and large experience, and it is a wonderful monument of their wisdom. Well versed in the history of the world, they knew that the nation for which they were framing a government would, unless all history were false, have wars foreign and domestic. Hence the government framed by them is clothed with the power to make and carry on a war. As has been shown, when war comes the laws of war come with it. Infractions of the laws of nations are not denominated _crimes_, but _offenses_. Hence the expression in the Constitution that Congress shall have power to define and punish offenses against the law of nations. Many of the _offenses_ against the law of nations for which a man may lose his life, his liberty, or his property are not crimes. It is an offense against the law of nations to break a lawful blockade, and for which a forfeiture of the property is the penalty, and yet the running of a blockade has never been considered a crime; to hold communication or intercourse with the enemy is a high offense against the laws of war, and for which those laws prescribe punishment, and yet it is not a _crime_; to act as a spy is an offense against the laws of war, and the penalty for which, in all ages, has been death, and yet it is not a crime; to violate a flag of truce is an offense against the laws of war, and yet it is not a crime of which a civil court can take cognizance; to unite with banditti, jayhawkers, guerrillas, or any other unauthorized marauders is a high offense against the laws of war; the offense is complete when the band is organized or joined. The atrocities committed by such a band do not constitute the offenses, but make the reasons, and sufficient reasons they are, why such banditti are denounced by the laws of war. Some of the offenses against the laws of war are crimes, and some are not. Because they are crimes they do not cease to be offenses against the laws of war; nor because they are not crimes or misdemeanors do they fail to be offenses against the laws of war. Murder is a crime, and the murderer, as such, must be proceeded against in the form and manner prescribed by the Constitution. In committing the murder an