The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1862-04-03

ken up arms against the government as
being no longer entitled to protection,
they would emancipate the Slave as a
punishment to the Rebel However hon
est these persons may be in entertaining
a desire to see this accomplished, they
would do well to inquire, first, how far
such schemes are warranted by the Con-
stituticn For 1T must be remembered,
that it is only for the preservation of that
! instrument, and the Union and Govern
ment established by it, that the War is
being waged. Nor should it be forgot
ten, that we cannot go outside the proyis-
ions ot that instrument to devise or en-
ploy means for its preservation, without
| at the same time virtually acknowledging
the dissolution of the Union, and that
the Constitution itself, which we have
always loved and revered so much, is a
delusion and failure. And here I beg
leave to introduce still another extract
/ from the Senator's speech:
"I know that great many good peo-
pie, who hate slavery, and ardently desire
! that the country were well rid of it, viii
at first be inclined to wonder at the diff
culties in the way of their favorite schemes; !;
but have no doubt, on further reflec-
/ ton, they too will recognize them.s /
know that many people suppose, in some
way not very clear to them, that our pow
/ ers under the Constitution have been iu-
definitely enlarged by the fact that civil
war is now raging in oue-half the States
OF the Union, calling into play what Is
called the "war power" of Congress, by
virtue of which we can pass any law we
choose which tends, or is supposed 10
tend, towards the suppression OF the re-
bcllion. and that under it this bill is war
rapted by the Constitution.
/ 81 think all this viii be found delu-
sion and snare. Our power to-day is
no greater than it was at any time since
! the formation of the Constitution, and
/ any law enacted now which would have
! been unconstitutional if enacted then,
would be unconstitutional now. Nobody
! pretcnds that if Jefferson Davis alone had
been. guilty of treason last year or the
year before, and bad escaped the jurisdic-
tion Of the courts, that Congress could
! have attainted him as traitor, or forfeit
| ed his property, or emancipated his slaves.
! Even the simplest man would have known
that in such case he must be tried, con-
victed, and punished by law. Nor can
the case be at all altered if one thousand
or one hundred thousand other traitors
were in the same category, because nei-
ther the power of the legislature or courts
is enlarged in the slightest degree by the
multiplication Of the number of the Grim
rinals. The grants of power to US in the
Constitution were fixed in it from the be-
ginning, and we stand just where we did
always"
I have occupied considerable space,
Mr.. Editor, but not more, am convin-
ced, than the Importance Of this subject
deserves. In conclusion, lei me say, that
while ]. am as anxious as any one can be
to see this unholy Rebellion crushed, and
its authors and leaders punished, and
while I am equally as des;rous that the
day will soon come when the last vestige
Of Human Slavery shall disappear from
our land, yet | would wish this all done
in way and by means which would
not, N the slightest degree, infringe upon
the Constitution. / am constrained,
therefore, to give my unqualified appro-
val to the speech of Mr. CowAN. 1t is
an eminently plain, practical and states
manlike document, and submit that, as
a legal and Constitutional argument, it is
unanswered and unanswerable.
4 REPUBLICAN.
Victory Near Winch ester.