The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1861-12-13
The Rebellion Put Down BY


Mr.. Trumbull makes an important state
mont In his speech OF Thursday, in the
Senate, of the distinction between mill.
t0ry and civil law, and that ia fact there
never need be collisions between them,
or between either of them and the iudicl-
ary. When war is dcclprcd or when the
employment OF mihtary force is author
izcd and put under tho control of the
ProSidnnt, tho judiciary can no more in
tcrfcro with II in any place where the
Pruhldent ~ directed or nniIorizcd 10 post
the forces he commands, than they can
irtctolcrc 10 prevent any other purpose
OF tho lsw-mnking power from taking ef-
feet. Tho military is not distinct pow
cr of the government. ltis nn nrm Of the
Executive power, which uan only be en-
ployedc subject 10 the control Of the leg
lal0ttre power. ConFross controls the
Executive always, subject to the cheek
81 a veto only, aud under the Constitution
CongrosH also controls the judiciary.
MIR. Trumhull discusscs ihcas prinri
plcs IN explain alton and support Of hia po-
sitiun, that the powcrS Of the law, or Of
the Constitution and the laws enacted in
conformity to il, nre Omplc for any exi.
Rency this rebellion may develop. IL
can bc put down and punished by thercg-
ular authority Of iHw; and the military
/ force employed for this purpose is not
force above the law. and acting SUPERIOR
To Il, according TO tho nero will ol the
/ head Of the army, but is part OF the a.
| gency required aud provided hy the Con
sutution 10 execute the law itself. There
Il, therefore, u necessity TO provide for
every cNgoncy Of this rebellion by prop
er onaclments, which may be put in force
In all parts uf the Uniou where the courts
are u sufficient power by those courts
themselves, and not by military power.
Tho disposition to be made OF property
lorlsiicdbecRus il is put 20 the uses OF
the rebellion, must be prescribed by law
Ms explicitly as the nature oftho ouse will
permit, and II Il is necessary to charge
military or other authorities with any
directions 10 conform to peculiar circum-
stances IN the execution OF general
authority, this also should be specified.
For these reasons, apart from any facts
that eonhrm them, Congress must nt
once provide for all forloilures of propcr-
/ iy, or Of other means of wNpina hostil-
| tlca possessed by those how in rebellion.
| The great features OF the case are now
developed plainly enough TO show what
is necessary, and the whole work TO be
done, however comprehensive aud form
/ ldnhle II may appear, should ut once be
considered by the proper body, the Ma
uonal Legislators, aud be no longer len
to the chance action Of these on whom
the necessity 10 act first falls. II is un-
fortunate whom enc General conducts II
campaign on principles which his success
or sees ht no. TO approve, aud goes at
once to npFet - issuing orders quite CON
uNry In tonor,
Let the general p,ineipes respecting
the conhscation OF rebel property he set.
tied by Law, and then the executive has
only TO put the law IN force through all
the agencies OF that Department.. The
same law rules every whore in that case
and II comlormAble to the Constitution
as Mr., Trumbull shows that il may be
and ye, answer every purpose in sup.
pressing this rebellion, the judiciary be.
come everywhere the ready aids OF IA,
executive, and not checks upon the wa,
by undertaking To maiutain the statute
ol peace in time of general and neces
sury wat--PAiIe8e'iAia Gsssis.