The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1862-05-15
NUMBER T..

sunny horizon Of peace, wfffie tha
cIou.:s of war overhung the rest of the
world. They foresaw and intended
that their nation should take its place
as one of the great Powers Of the
earth, ready and able to maintain fts
proud eminence whether in war or
peace. Expecting it to achieve the
glorIes OF triumphant war, they gave
To the Government every faculty nec-
cssary to humble and subdue the enc.
mics bnt, true to the great idea of pop
ular liberty aud Government frunded
upon that liberty, and fully on their
guard against the dangers of unre-
strained military ambition, they placed
in Congress the ultimate power over
the sword itself, by giving to them the
right to raise ahd support armies. and
to call forth the military force 10 sup.
press domestic insurrection and rebel
lion. And the principle is SO clearly
recognized and laid down BY Story in
his Commentaries Oh the Constitution,
and in the decision of the Supreme
Court in the case Of Luther u.s. Borden,
q Howard S. G. X, that it would seem
Out waste of time to argueit further.
To insist that the law making power
of a nation is not vested with the an.
thority 10 control and direct the opera
tion Of war, is to NV mind political
and legal solecism, which, if practical.
~ carried ont, may In its future cOpse-
quences be most disastrous to the Gov.
ernment itself. Besides, if this abne-
CATION of all power in Congress 10 ai1
in, direct, and regulate the operations
against the rebels arises, as it possibly
may, though do not impute il, from .
fear of hesitation to do oar part ia pat.
ting down the insnrrection, l must DO.
allowed to say it is not TO our credit.
and posterity will not award us praise
tor such timidity. 1t is our plain duty-
10 come TO the aid of the President, to
uphold his arm, to aid him with our,
cOunsels, aud fully to sympathixs and
cooperate with him in all acts caleula-
ted to restore the reign of the CoDsti.
tuition and laws. and to shun no respou--
sibility which, as loyal men, firmly at
tached to our Government, we are
called upon to discharge. Onr neigh
bors and kindred are in the field they.
are freely, gallantly, gloriously shed.
ding their blood in defense of the Gov
crnment. Let us be mindful of them,
too, and show them at least that we are
in earnest.
Again, il is further objected that the
bill violates tie rights of privatd prop
cr,y as secured by the fifth amendment
Of the Constitution, which provides
that no person "shaIl be deprived of.
life, liberty, or property, without due
process of law, nor shall private prop
er,y be taken Tor public use without.
Just compensation" What have ala
ready said would seem to be sufficient,
answer TO this objection for if, under
the power to make and carry on war;.
private property may be seized and
contiscated, it is quite clear that what.
ever eases the amendment may include,
it docs not include that. The Was.
power takes it out Of the category Of
property thus protected. But that tho
amendment does not relate, and Was
not designed to relate TO state Of war.
is plain from the very terms in which.
it is couched-no person shall be de.
prived of life, liberty, or property.
Surely gentlemen do not intend to.
be understood as saying that life and,
liberty may not both be taken in war.
without formal service Of process Of
a court of justice upon the person who,
is to lose them! II SO, then not An,
enemy has been slain by our arm
les, nor a prisoner made since the
adoption of the amendment, whose
death or capture has nol left upon our
troops the guilt Of homicide or Of false.
Imprisonment. The victories of Lake
Erie, the Thames, Pittsburg, and New
Orleans were all unconstitutional the
seizures Of British property on land and
on sea We're SO many cases of tres
pass de 6onis dsportdtis Lundy's Lane
was mere illegal ioray upon the soil
and freehold of John Bull and Perry
aud Harrison, Macomb, Scott, and
jackson, in achieving their victories.
made the egregious mistake of suppos.
my themselves acting under a belliger-
mt Constitution, instead of non-com-
batant, Quaker Constitution. May
add, without giving offensc, that hope
We have no general now in the field dis.
posed to give this doctrine practical
application?
But to return. II is quite clear that
the amendment, instead of applying to
u state of war, was intended to secure
the regular administration Of justice
where state of war did not exist; to
secure every loyal man within the
actual dominion of the Constellation
against lawless violence Of his life, lib
erty, or property, and to prevent the
taking Of his property for public neces-
stiles or uses without aging him its
fair value in short, to place him be.
yond the reach of the injustice, rapasi.
Ity. or violence of his own Government.
should it be disposed to oppress him
aud 10 give him the benefit Of trial in
the courts Of that Government. But
it certainly can lave no application to
district OF country where hostilities
are carried on, for the plain reason that
it is impossible that civil courts should
perform their functions in such Iocali-
ties; aud the old maxim which We
found in Coke and Blackstone in our
boyhool still speaks tho truth--inter
drDaa silent Lcges. Aef 1
No additional reason need be urged
20 st,.,., sy,at GonUreee hos fs,1i ant hs.yi-