conquered regions are now legally a part of the United States. The admission of new States containing a privileged class, the incorporation into our Union of a foreign people, are held to be lawful and valid by all the courts of the country. Thus far from the old anchorage have we sailed under the flag of "public necessity," "general welfare," or "common defence." Yet the great charter of our political rights "still lives;" and the question of to-day is, whether that instrument, which has not prevented America from acquiring one country by purchase, and another by conquest, will permit her to save herself?

POWERS WE SHOULD EXPECT TO FIND.

If the ground-plan of our government was intended to be more than a temporary expedient, if it was designed, according to the declaration of its authors, for a perpetual Union, - then it will doubtless be found, upon

fair examination, to contain whatever is essential to carry that design into effect. Accordingly, in addition to provisions for adapting it to great changes in the situation and circumstances of the people by amend ments, we find that powers essential to its own perpetuity are vested in the executive and legislative departments, to be exercised according to their discretion, for the good of the country -powers which, however dangerous, must be intrusted to every government, to enable it to maintain its own existence, and to protect the rights of the people. Those who founded a goverment for themselves intended that it should never be overthrown; nor even altered, except by those under whose authority it was established. Therefore they gave to the President, and to Congress, the means

essential to the preservation of the republic, but none for its dissolution.*

LAWS FOR PEACE, AND LAWS FOR WAR.

Times of peace have required the passage of numer ous statutes for the protection and development of agricultural, manufacturing, and commercial industry, and for the suppression and punishment of ordinary crimes and offences. A state of general civil war in the United States is, happily, new and unfamiliar. These times have demanded new and unusual legislation to call into action those powers which the constitution provides for times of war.

Leaving behind us the body of laws regulating the rights, liabilities, and duties of citizens, in time of public tranquillity, we must now turn our attention to the RESERVED and HITHERTO UNUSED powers contained in the constitution, which enable Congress to pass a body of laws to regulate the rights, liabilities, and duties of citizens in time of war. We must enter and explore the arsenal and armory, with all their engines of defence, enclosed, by our wise forefathers for the safety of the republic, within the old castle walls of that constitution; for now the garrison is summoned to surrender; and if there be any cannon, it is time to unlimber and run them out the port-holes, to fetch up the hot shot, to light the match, and 'hang out our banners on the outer walls.'

THE UNION IS GONE FOREVER IF THE CONSTITUTION DENIES THE POWER TO SAVE IT.

The question whether republican constitutional government shall now cease in America, must depend upon

* "The members of the American family," says the Supreme Court in the case of Rhode Island v. Massachusetts, “possess ample means of defence under the Constitution, which we hope ages to come will verify."

the construction given to these hitherto unused powers. Those who desire to see an end of this government will deny that it has the ability to save itself. Many new inquiries have arisen in relation to the existence and limitation of its powers. Must the successful prosecution of war against rebels, the preservation of national honor, and securing of permanent peace,— if attainable only by rooting out the evil which caused and maintains the rebellion, be effected by destroying rights solemnly guaranteed by the constitution we are defending? If so, the next question will be, whether the law of self-defence and overwhelming necessity will not justify the country in denying to rebels and traitors in arms whatever rights they or their friends may claim under a charter which they have repudiated, and have armed themselves to overthrow and destroy? Can one party break the contract, and justly hold the other party bound by it? Is the constitution to be so interpreted that rebels and traitors cannot be put down? Are we so hampered, as some have asserted, that even if war end in reëstablishing the Union, and enforcing the laws over all the land, the results of victory can be turned against us, and the conquered enemy may then treat us as though they had been victors? Will vanquished criminals be able to resume their rights to the same political superiority over the citizens of free States, which, as the only privileged class, they have hitherto enjoyed? Have they who are now engaged in this rebellion, and have committed treason and other high crimes against the republic, a protection against punishment for these offences, by reason of any rights, privileges, or immunities guaranteed to peaceful citizens by the constitu

tion? Cannot government, the people's agent, wage genuine and effectual war against the people's enemy? Must the soldier of the Union, when in action, keep one eye upon his rifle, and the other upon the constitutional rights of rebels? Is the power to make war, when once lawfully brought into action, to be controlled, baffled, and emasculated by any obligation to guard or respect rights set up by or for belligerent traitors?

THE LEADING QUESTIONS STATED.

What limit, if any, is prescribed to the war-making power of the President, as Commander-in-Chief of the Army and Navy of the United States? What are the rights of our government over the private property and persons of loyal citizens in time of civil war? What authority has Congress to frame laws interfering with the ordinary civil or political rights of peaceable citizens residing in the rebel States; or laws for the punishment or control of public enemies, who may be captured as spies, as pirates, as guerrillas, as aiders and comforters of armed traitors, or as Confederate soldiers on the battle-field? What are the powers of the President or of Congress in relation to the conquest and government of the inhabitants of belligerent districts of country? What laws may be established as to slaves captured or escaping into the lines of our armies, or into the free States; or as to slaves belonging to rebels, and used by them in their military service? Are slaves contraband of war? May they be released from all obligation to serve rebel masters? May slavery be destroyed as a military measure, or abolished by legislative act, required by the public welfare and common defence, in time of civil war? In what department of

government is the power vested by the constitution to abolish or destroy slavery? Is there any limit to the power of Congress to provide for the punishment of treason? What are the rights and liabilities of traitors? What are the war powers of the President, and the legislative powers of Congress in relation to rebellion, treason, and slavery? These and similar inquiries are frequently made among the plain people; and it is for the purpose of explaining some of the doctrines of law applicable to them, that the following suggestions have been prepared.