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1 SO
s oft
The Condition* of Re-Union.
LETTER FROM MR. WHITING, SOLICITOR OF
Till: YANKEE WAR DEPARTMENT.
To the Union League, of Philadelphia
Gentlemen—Your letter has been re
ceived, in which you have done me the
honor of requesting niplo address the mem
bers of the Onion League of Philadelphia
upon subjects connected with the present
state of public affairs.
I have expected, until recently, to be
able to comply with your request, but as
my engagements will fbr the present place
it. out of my power to do so, i beg permis
sion to make a few suggestions ior your
consideration, ~
DANGERS IN THE PRESENT CRISIS OF THE WAR.
Howevejr brilliant tbeeuccessof our mil
itary operations has been, the country is
encompassed in dangers. Two wars-are
still waged between the citizens of the
United States. Achievements in the tiojd
cannot much outstrip the victories of the
jorum. While we fix our attention upon
(he checkered, fortunes'of our heroic sol
diers, and trace their marches over hills
and villages made memorable through all
time by their disasters or triumphs, while
we are filled with alternate hopes and
fears, with exultations and disappoint-'
merits ; while our brothers and sous are
rudely torn from their homes and the weeds
of the mother and sister record iD the fam
ily the tearful glory of the fallen brave ;
while the movements of our vast armies
in all the pomp, pride and eircuinstanco of
glorious wur—the thunder of their guns,
the news of their brilliant successes, fill
the head and heart, let us not forget that
there is another war waged by men not
Jess brave, for victories not less renowned
than are won on battle fields.
The deadly struggle is between civiliza
tion and barbarism—freedom and slavery
—republicanism and aristocracy—loyalty
and treason.
Tbo true patriot will watch wiCh pro
found interest the fortunes of this intel
lectual and moral conflict, because the issue
involves the country’s safety, prosperity
and Jjonoiy If victory shall crowm the
efforts ot those brave men who believe and
trust in God, then shall all this bloody sac
rifice be consecrated f und the years of
suffering shall exalt us among the nations;
if we fail, »w> triumph of brute force oan
coinpcuinte the world for our unfathoma
ble degradation.
Let uii then endeavor to appreciate the
difficulties of our present position.
Of several subjects .-to whtch, were it
now in mv power, t would ask your earn
est attention, I can speak of one only.
A« the success of the Union cause shall
become hiore certain and apparent to the
enomj r in various localities,-they will lay
down aims and cease fighting. Their bit
ter and dbep-rooted. hatred of the govern
ment and all Northern men who are not
traitors, and all Southern men who are
loyal, will still remain interwoven in every
fibre of their hearts and will be made, if
possible,* more intense by the humiliation
traitors in heart; rofiu who never; had a
patriotic sentiment; men . Who hate afid
despise the Union ; men who,if they could,
would hang eVhry friend of the - Govern-:
mopti. But for the sake of gettirig power
mto their own hands by our concession,'
Which they codjd not obtain by fighting,
and for the sake of avoiding their national
crimes, they will demand restoration under
the guise of claiming State rights.
What wiff be. the consequences of yield
ing to this demand?
They will gkbftlie right oU managing,
their affairs according to their will and.
' tore, and not according to trie will and
tore of the people of the United Slates.
Tin iy will.be enabled, by the interven
tion.of their State laws and State Courts,
to put and maintain themselves ip effectual
. a id perpetual opposition to the laws and
Constitution of the United States, as tKey
have done for" thirty-five years past. 1 They-
will have the power-to pass such loc'allaws
ft? wiU effectually exclude all Northern
men, all. soldiers, all free blacks, and all
persons and things which shall bemoan-
•ristent with making- slavery the corner-
awne of their local govern men t; and they
may make slavery perpetual in violation
of the laws of the United States and proc
lamation of the President. They may
continue the enforcement of those clauses
of laws against free speech and. freedom
of the press, which will forever exclude
i popular education,'aqd elf other, mehns of
| moral, social and political advancement.
] They may send back to Congress the same
trail ova and conspirators who have once
i betrayed the country into civil war, and
I who will thwart and embarrass all ineas-
L ures tending to restore Mio'Tjnion by.har-
f. monizing the interests and institutions o.f
I the people; and so, beipg introduced into
i camp as the wooden horse into Troy, gain
! - by fraud and treason that which they could
; not achieve by feats of arms. The insani
ty of State rights doctrines will be nour
ished and strengthened by admitting back
a conquered people as our equals, and its
baleful influence cannot be estimated.
The solemn^ pledges of freedom offered
to the colored citizeitB by Congress arid
the proclamation must bo brokefi, add the
epuntry and the Government covered with
unmistakable infamy. Even foreign ua
t»ons might then justly consider us guilty
of treachery to the cause of humanity amd
civilization. ' - - '
Suppose to-day tho rebellion quelled and
the question put: Will you now give up
to your enemy the power of making your-
l a ws ?
Eastern Virginia, Florida and Louisiana
sire now knocking at the door of Congress
for admission into the Union. Men Come
to Washington, chosen by a handful of as
sociates, elevated by revolution to unac
customed dignity, representing themselves
as Union men, and earnest t«. have State
rights bestowed upon their constituents.
If their constituents are clothed with
the power to constitute a State, into' whose
bands will that power fall V •
Beware of committing yourselves to the
fataldoctriiie of recognizing the existence,
in the Union', of States that have been de
clared by the PresidoutV proclamation to
lie in rebel lion. For, by this new device
c.f the erremyr^-this new version of the poi
sonous State rights* doetrine-^ibe ; seces
gionists will be ,able to get. back by fraud
what they faded 'to get by fighting. Do
not permit them, without proper sufe-
...-es abandoned the Union', and
h them all the border Slates
influence or control,
„ v up- a new government for
themselves; having declared war against
us; haying sought foreign alliances; bay- :
mg passed acts of non-intercmirse ; having
seized public property and made attempts
to invadestates which refused to servo
their cause; having raised and maintained
large armies and an ineipient -navy; as-
iarge armies and tfsvincipient. navy; as- Uniori have,>y becoming public enemies,
suming in all respects to act as an inde- . surrendered and annulled their 1 former
peudent, hostile nation- at war with the *« • •
United States-r-clairaing belligerent rights
as an independent people alene Could claim
them, and offering to enter intoireaties of
alliance with foreign countries and treaties
of peace .with ours; under these 'circum
stances they were no longer -only insur
gents and rebels, but became a belligerent
public eiiefny. The War was no longer
against “ certain persons’* in tlie rebellious
States: It bfecamea territorial war—that
is to say, war by all persons situated in
the belligerent territory against''the'United
States. '•>*~ ’ ''?v 1 . r .;, f ;:; ; . j
- If we were In a War with England, every
Englishman would become a public-enemy,
Irrespective of' his personal feelings to
wards America. However friendly he
might be to America,.his ships on the sea
would be. liable to capture; kiriiself would
be liable'to be killed in battle, or his pro
perty situated in this country would be
subiect to confiscation
Any other result woo ld be mcoi.
sible as it would' b e mischievous. 1
lie enemy cannot laright
of entering Congress arid voting down the
measures taken to subdae.bim
Why not ? Because he is a p
Because by becoming a ' public en ^
has annulled and rostlTO-rigli4§ in tlie
government, and can.ij'ever regmn them
agaio-exeept by our consent. »
-If the luhgbitapts of -k^rgQjJart of the
Union have, by becoming
their treason has stripped from.tlfeui;
Bo not let. old States, with their consti
tutions still unaltered, to resume State pow
ers. Be true to .the Union men of the
HouthV not to the designing politicians of
t be bdrder States. The rebellious States
contain ten tittres as many traitors as loyal
tnen. The traitors will have a vast ma
jority of the votes. Cloth> 1 with State
lights!kinder our*; constitution, they will,
crush out every Uiiion man by the irre-
ustible power of their legislation. If you
would be true to the Union men of the
fiooth you must-nbl bind them hand and
foot and deliver them over to their bitter-
cat enemies. .
Boware of entangling yourself with the
lechnlbal doctrine of
By a similar rule of the law of nations,
whenever two nations are at war, every
subject of one belligerent nation is a pub
lic enemy of the other.
An individual may be a personal friend,
and at the same time a public enemy to
the United States. The Ikw of war de
fines international relations.
When the civil war in America became
a territorial war; overy citizen residing in
the belligerent distridts became a public
enemy, irrespective of his private senti
ments, whether loyal or disloyal, friendly
or- hostile, Unionist or secessionist, guilty
or innocent.
As public enemies, the belligerents have
claimed to be exchanged as prisoners ot
war, instead of admitting pur right, to hang
thonHfcs murderers and. pirates. As pub
lie.enemies',they ejaya the right to make
war upon us in plain violation of rriany of
the obligations they would-haye' admitted
if they acknowledged the obligations or
had claimed the protection, of our consti
tution.
If they had .claimed any State rights
under our constitution, they would hot
have, violated every one of the provisions
thereof limiting' the power of States. As-
sertiogiio such-riglks, they claim imrauni
ty from all obligations as Stoi.es, or as a
people, to this government or to tbeUuited
States.
_ Two quest ions must bo considered:
1. \Vlien did the rebellioii become., a
territorial civil war ? -
2. What are the rights of the enemy un
der the laws of war ?
Ther first qnestion has been settled by
the Supreme Court of the United States
in the case of the Hiawatha, decided on
the 9th of Maroh, 1868. In that case
(which should bo read and studied by eve
ry citizen of the Union,) tlie members of
the couit differed in opinion as to the time
war
rights,-tho question arujes, can thjtWr recov
er them? Sucb.right8jcaonotbej^egained
by reason pf their haviitg ceased |o fight.'
The character of a puiuTc eUemy w having
once been.'stainped^upob them by the laws
of War, remains fixed-'in til it siall have
been; by our eontient, removed.
To stop fighting does nut make them
cease to be-public enenilesj beca use they
may have laid down their arms for want
of powder, not for want of will. Peace*does
not restore the noble dc»d who have fallen
in Sacrifice tcTtreason.. Nor.does it revive
the rights once extinguished by civil ter
ritorial war. The .land of the U oiou be
longs to the people of tie United States,
subject to the rights of individdfif' owner
ship*. Each person inhabiting those sec
tio.nsi of the country declared by the Pres
ident’s proelaniatiibn to , be in re billion has
the Ught to what belongs to a public ene
my, and no more. He can hifve no right
to take any part in pur government. That
light does not belong td an eneniy of the
country while he is waging war or after
be h^s been subdued. A public enemy
has a right to participate in or assume the
government of the United States. We
find in this well settle<|-doctrine of belli
gerent law tho soluticipi of al 1 questions in
gelation to State rights- After the inhab
itants of a, distiipt. have become public en-
yon hs
your
^-One of th(
in order to 1
and' save us <
.!j ^ ^
ritory to form themaelves into States, only
adopting constitutions such as will fo
remove all cause c.f collision'with the Unit
ed States, by excladHig slavery t herefrom,;- •
orcontinue militaty goverrnnent over the
nquered district until there shall appear
therein a sufficient nu mber of loyal ipha^*
tants to form a . republican government,
which, by guaranteeing freodom to all,
shall be in accordance with the true Spirit
of the con8titutioto of the. United States.
to render permanent &e dohiestic^ tran-
o ility of the country, which the constitu-*
h itself was formed to secure, which It
is tho legitimate object of this War to main,
tain. >
With great respect, yoirr ob’t serv’t,
WILLIAM, WHITING,
A Miracle.—The mention of alms giv
ing recalls a smoewhat ludicrous story of
modern date; when a most inopportune
miracle was wrought. The. well known
Fran ch missionary, Father Bridain, was
always poor for the simple reason that he
gave-away everything he bad. One eve
ning he asked for a night’s lodging from
the curate of the village through which
he passed, and tlie worthy man having
onlyenebedsharedit.withhim-..
At daybreak Father Bridain rose ac
cording to custom, and went to say his
pray ere at the neighboring church. Re
turning from-his eacred duty, he met a
beggar who asked for alms.
* f Alas, my friend, I have nothing,” said
the good priest, mechanically putting his
hands into his breeches peeket, where to
emies, they have no'rights, either State or : his astonishment, lie found something hard
personal against the United States. They f wrapped up in a piece of paper, which be
are belligerents only and have left to them ! knew he had not left there. He hastily
only belligerent’rights, /opened the paper, and seeing four crowns
Suppose that all the inhabitants ofSouth | in it, cried out that it was a miracle!
Carolina should be swept off, so that soli-' I He gave the money to the beggar, and
tnde should reign throughout its borders ! hastened into churfch to return-thanks'to
guards, to resume in your, counsels in the whon toe war became territorial. The
fieiiate and in tho House the power which majority. decideft;f|hai when f>lie act ofgen-
imo ^rlnnarilrnm ttein eral hostilities existed^the war was territo-
eral hostilities existed the. war was territo
rial and; the Supreme Court was bound
: to take.judicial cognizance thereof. The
minority argued that, as (jkirigress alone
.had power to declare war, so Congress
alone jjasrpower to recognize the existence
of war ! find they contended that* it was
not'until: thuact of Congress of July 13,
186I, coinmonly called the non intercourse
act that'estate of civil territorial war was
legitiridfely recognized. -All the judges
agreed tc> the position that “ sjlrtce July 12*
1861, thiste has existed betweeo the Unit
ed States and the Confederate States a
civitterritorial war;
unbroken by any living thing, would the
State righ ts of South Carolina still exist
as attached to th§ lairdritself ?
Can there be a soytreignt)
people dr a State widiout inhabitants ?
State rights, so far as they concern the.
Union, are the rights of persons as mem-
- bers df a State in relation to the general
g overnment; and when the person has
eedme a public eucmjY then lie loses all
the rights except the rights qf-waV. And
when, all the inhabitants hav0 become
public eiifimfes, it is the sarnie in legal ef-
’ fleet >»s though the ini abitants had been
annihilated; So far as this government is
concerned, civil war obiiterates atH lines of
recognized by war are the lilies which
. separate us from a public enemy
I do hot place this reliance upon the
common law doctrirnt o* forfeit arcs of
franchises as applfeablii to this revolutiou;
for forfeithre can be fbundtid oiily upon
the admission of the'vafidity of ihe act in
which forfeiture is founded.
IS or does the belligerent law r of civil
territorial Avar; whereby a public enemy
loses his rights as a eftizeri admbf.the right;
dTsecossidn. It is not*ahy vote dit law of
secession that makes an iddividuijl a public
enemy. A person may (ioinmi
crimes against the muaicipfll ldW^and odm-
mit acts of hostility againstthe government
without feeing a pu blid^nemy , To fee a per
sonal enemy is not to isea pubfiednemy to
jGod. The curate soon after arrived there; -
and Father Bridain related the miracle .to
him with the greatest unction.
without a The curate turned pale, put his ; hand
■ * *' in his pocket, and in an instant pereeived
that Father Bridain,-in getting up -in the
dark, had taken t he wrong'pair of breeches
—he -had performed* a miracle with the
curate's’crowns/
**Th«|since that time the United States
have full belligerent rights ’against all
'persons residing in the districts declared
•by thePresident’s proclamation )to bo in
rebelHon.”
That the laws of war, “ whether that
war. .be civil or infer Rentes,-converts every-
: citizen in. the hostile State mto. a public
enemy and treats him accordingly; what<-
reitu res; of .State
of conqcost ftud subjection. The foot of ! lights as such doctrines admit, by nocessa-
tho conqueror planted upon their proud ! ry implication, the operation of a code of
necks will not sweeten w«eir tempers, and i laws arid of corresponding civil rights, the.
their defiant and treacherous nature will * existence of wMeh you deny. - ,
seek to revenge itself in murders, assas- ! The solution ot all our difficulty rests lh
sinations and all underhand methods of theenloreomeiit, against our public enemy,.
venting a spite which they darrino; man- | qfr'"~ u *""j|—* "
best by open war, and in driving
their borders all loyal men; •.Te'.o»H|~™ I -. re — —I U «r—^-,a.-j- ^ ; ,- a .
that a Union sentiment-will remain in any ! hibitions of force,against the government, | lawfully and
considerable number of meh among a peo- Hin distant parts of the
pie who have strained every nervo and iioscd that the insurgoi
mads every sacrifice to destroy the .Union* J and peace restored ^
indicates dishonesty, ^in&jni'ty,- ?or ; feeble- | IftTge^^uiilitary fdree, and^vithout lhvoiw the Supreme Court, nr order __
ness of intellect; . ''1'rilhpse who '.did'ndt^ ’aoti participate in 1 ascertain y.’, mt are the legal or tho consti-
Tliejrihabttants of theriohauered dis--' )>verta'cts.ofri’na^fi'- <* : ’iZ' of •public enemies, we have
tricts will begin by claiming'the'Tight tQ ‘iv .. Hem;e ;tlre /giVcrii^eHt, relying upon r.orilv to-tefer to thosefctlwl principles.oi the
exercise the powers of " v the mtrim.iam of-thmrieonle^aTid confident P beffisereal- law of natione or ‘tae- law* • ^
under their construction o
to get control of the lands,,
ty, slaves, free blacks, ja»i"d
and a le^aM^ed'Towier, bbrea
monudliy of State laws, mad
their own' M
m
the execuiiori«
of the
country
Tlms^ffr-
»h all.have
tho Presid
our jvi
the
Uigerent law of nations or the laws
Some of the laws of war are stated in
tho dissenting opinion, in the-.case above
ioned- vr-'*
state ot foreign war
most solemn
terminates all ob
icts or
f obligated
s of onb
except those
peai
‘fol-
i personal bnemy
not rintir that insurrection 1
hari
Or': fee*
into a territorial war that ho
public eubtny. ; • .
Among th«( war measurcis sancifioned by
the President, to whplq he hae^iOre than
Once pledged hiO Sacred honor, apd which
Congress has enforced ffcy eolem^ lawe, is
de liberation of-slaving The government
has'invited them to share the" dangers,
the honor and the advantages of uustaining
the Union) and has pledged itself to the
world for their frefeddfdu^ >* - i
W hatcyer disasters may befall our arms,
whatever humiliation may be in store for
us, it is earnestly hoped that «we may
be saved the unfathomable ipfamy of
breaking the nation’s faith with Europe
and with colored citizens and slaves in the
Union. • _ ?t^* % &
Now, if the 'rebellious States shall at
tempt to return to the Union with consti-
ons guarranteeihg the perpetuity of
cry, if-the lavs o’ those States shall
_ ~ ~ - t itl f or£ . e against
■KSlHi
y : M^lle Market .Scene, -
• The Mobilgi^fribune furisishes
lowing: ,: ;: r r ■'•■Arier-v "
The^ market continues, to bo abundantly
supplied with every varibty of vegetables
of the season, plenty of good beef, mutton,
fish, &c. ^
Shaking of fish, we heard of a' scene
that is said to pave oeoarred in the fish
market a short ti me-si n e'e. It was told to
us about as'follows : V - ‘ J ' v - -
■ f Quepf the conscript officers,, learning
th:tt there were 'several of the' fisheraiefi •
-subject to the rniJ[Uary laws, on (be folio»y-
ing Saturday evening, p()stvd himself with *
a cojuple of guards .in- that locality,* ha -
plittlng himself near a Stout fellow who
vefided crabs. In-a few minuies a lady
stepped up and asked the. price, wlteo the
a puDiic _ young Diego re.tparke'd.r■
heinous Two d°Uar a dozen, marm.’-
^ My gracious, it isn’t possible you ask
two dollars for oh© dozen crabs ?”
‘‘ Ybuiio^ika,you no taka, you iio,want ri
to bay a, go* away. Ia no want youa inoney.-
It is.no more two.dimes tree year ago^'
The lady became disgusted and left. "
SevCrhl otoer purchasefs came up: arid they .
were treated in ilm same uncivil'manner.
Finally, tlie cojiscript offiyer, who. * heard
all the eonversations.’ sterined uD to him
swelled '
eoohios a
and< .wickednesi
which has brought on
tciTible train of suiil
fought by.slavehald'
toF^ay&ryl Shall wo
tno < ii*l ut li;*' war j I
been fighting for ? Sb
t reasure be spilt uselesj
wo
Union
tha
the *
c conversations,- stepped up to ; him
and, asked: . - -;;..- - ' • - - '*
“Doyou belong to the service, sir?”
The Diego kpew him arid'Tifs. business
at orice, so he agismpted to evade the 1 in
quiry by replying.*' . ^
“ I no cara for afewa fisha. Youa want
him, youa taka him. for one dollar and
srx,:bits.” -; J
“I don’t want your fish; I asked if you
ware attached toriny military corapany.”
“You want de fish; taka dera fo^a dot- ’
lar.ftnd a half.”. ]riTiTy C
“ Ho sir. I want to know %vhother you
are a soldier or a c-itizeri:’’
: V U Well taka dis bunch for yourself. . I
no cara for a buncha of fish; taka de fisha ;
taka as mueba as you wiarita for nothing,” .
and attempted to escape,-hut it w;:s no go.
He was taken to the provost,marshal’s of
fice, to state his exemption , or take his
place in the ranks to'defend the country
that has furnished him with food and pro- .
ion foryears past, r v
h " Letter from Gcu.-Toombs, ;;v r ;. ^
.ving letter from Grin. Toombs
/-ttwirn,small, Dr. Ileo.sc, says
a treaty of pe
the siiinc c
will se v
ic, that he
be Union:
Aug., 1863.— - *
tetteri-hT the loth .'
lorityftd- contradict 'ri- .ri
in- ri.;.'pr_of_recou-
. S
war,
i. become
ills
lemies
coi
•f’onstit u* ion
nmt, aau -
hut State
xist anil be enforced
ding
rejiff-W 1^3
o
slave laws
by slave
rights
laws