The War Powers of the President, And the Legislative Powers of Congress in Relation to Rebellion, Treason And Slavery

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Palmer, 3 W. 635, confirm this doctrine. By the terms of the constitution defining treason, a traitor must be a subject and a belligerent, and none but a belliger- ent subject can be a traitor.
The government have in fact treated the insurgents as belligerents on several occasions, without recognizing them in express terms as such. They have received the capitulation of rebels at Hatteras, as prisoners of war, in express terms, and have exchanged prisoners of war as such, and have blockaded the
... coast by military authority, and have officially informed other nations of such blockade, and of their intention to make it effective, under the present law of nations.
They have not exercised their undoubted right to repeal the laws making either of the blockaded har- bors ports of entry. They have relied solely on their belligerent rights, under the law T of nations.
Having thus the full powers and right of making and carrying on war against rebels, both as subjects and as belligerents, this rigid frees the President and Congress from the difficulties w T hich mig;ht arise if rebels could be treated only as subjects, and if war could not be waged upon them.


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