Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1861-12-19

I our constitution ceases 10 operate
the moment a person charged
wi.b its observance thinks therc
is necessity to violate it, 1t is o
little value. So far from admit
ting the superiority of the militia
ry over the civil power in time o
war, or that there is any necessi
ty that it should be so, | mold tha
under our Constitution the mill.
ftary is as much sGblect to the con
troll OF the civil power in war a:
in peace. The powers of Gov.
ernment, under our system. are
three, OF which the military i;
not one. 1t is merely incident tc
the others, and subject to one G.
these, the legislative, without
whose permission il can have nc
existence; and when called into
being by the action OF Congress
1t is by the Constitution expressly
made subject to such rules a.
Congress shall prescribe for its
government. When, therefore,
our armies, 10 raise and support
which Congress has express au-
thority under the Constitution, 90
forth to suppress insurrection, and
IN doing SO shoot down rebels
ana deSolate their abodes, as they
conStltutlonally may, they are as
much subordinate to the civil
power as when engaged in a hol-
liday parade in tlme of peace ;
and contraband property seized
and appropriated oy the military
in insurrectionary districts in sup
preston OF the rebellion is as le-
Ultimately taken as if condemned
to forfeiture by the Judicial au-
thoritleS in districts in which Ju-
dlcial process was rot obstructed.
! want no other authority for
putting down even this gigantic
rebellion than such as may be de-
rived from the Constitution prop
erly interpreted. 1t is equal even
to this great emergency, and the
more we study its provisions, the
more il is tried in trcubloustimes,
the greater viii De our admiration
ior tie instrument and our vener-
alton for its authors. As unpop-
ular as the avowal may be for the
moment among the thoughtleSs, |
declare that | am for su?pressing
this monstrous rebellion accord
ing to law, and in no other way,
and | believe that Congress has
only to discharge its duty, and the
army perform Its with energy and
activity, to bring the war to a
speedy and successful issue. We
are fighting to maintain the Con
stitutlon, and it especially be-
comes us in appealing to the peo-
pie to come to It's rescue, not to
violate it ourselves How are we
better than the rebels if both alike
set at nought the Constitution? |
warn ny countrymen who stand
ready to tolerate aay act done in
good faith for the suppression OF
the rebellion, not to sanction usur-
pations OF power which may here
after become precedents for the
destruction of constitutional lib
erty.
The Constitution declares that
Congress shall have power ''to
declare war;" and "make rules
concerning captures on land and
water;" ito raise and support ar
mics !" ''to provide and maintain
a navy, to make rules for the
government OF the land and naval
forces; to provide for calling
forth the militia to execute the
laws of the Union, suppress in
surrections, and repel lnyasions, .
and "to make all laws which
shall be necessary and proper for
carrying into execution the FORE
going powers.
letting under these grants OF
power, Congress has provided for
bringing into service more than
halt a million OF men, who are
now engaged in suppressl,lg the
Instruction; and has, to some
extent, made rules Tor the govern
ment Of these forces, which. as
lar as they so, are obligatory up
on them; but in the absence OF
any regulation as to how the ar
my is to be used in suppressing
the lnsurreciion, its commander
would be at liberty to make such
use OF 1t, consistent with the rules
ofclvlllzid warfare, as he believed
must be conducive to the service
OF he State, and best calculated
to secure the end for which it was