The Continental Monthly, Vol. 4, No. 5, November, 1863Various
History
The Continental Monthly, Vol. 4, No. 5, November, 1863
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
I assert that it is perfectly constitutional to repress an armed
rebellion by force of arms. It is the sworn duty of the Administration
under the Constitution to do so. And all the acts you condemn come in
one way or another under powers delegated to Congress and to the
Executive. The constitutional right to make war carries with it the
constitutional right to employ all the means sanctioned by the laws of
war. This is the amply sufficient justification of each and every one of
the measures you denounce--the Emancipation Proclamation, the
Confiscation acts, the suspension of _habeas corpus_, and the arrest of
traitorous abettors of the rebels.
As to the _Proclamation_--whether it is to be regarded as in its own
proper effect conferring the _legal_ right to freedom, or whether it is
to be taken simply as a notification to the rebels (and to the slaves
also, so far as it should get to their knowledge) of what the President,
in his supreme military capacity, was about to order and enforce, as our
armies might come into contact with the slaves--is a question not
necessary to determine here. But no intelligent man needs be told that
even in a war with a foreign enemy, with honorable belligerents, it is
always a matter lying rightfully in the discretion of the commander of
an invading army to proclaim and secure the emancipation of slaves; and
in a rebellion like this it is the height of absurdity, or of something
much worse than absurdity, to quarrel with the military policy of
depriving the rebels of the services of loyal men forced to dig trenches
and minister supplies to them. What constitutional right have rebels--in
arms for the overthrow of the Constitution--to be exempted from the
operation of the laws of war? Who but a rebel sympathizer would
challenge it for them?
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