, 1862-09-23
6 h. Irih11m&.
THE WAR POWER ,

Traitors in Loyal States Ray he Ar
War Democrat
Ore Of the planks Of the tory platform. laid
down At Springfield, protests against the ar
rrst Of Illinois seccssion1sts. The resolution
is worded as follows:
Refolped, That the recent arrest Of citizens Of
th1e sta1e, charged with violations of clyu law,
ana their transportation to military prisons be-
xond this state, calls for 1hs most unqualified cor
f5s ana
ptonle Of this 6tatc hare rigus to demand that
" her CHI 6ren 70 crrcstvd shall DC t:nclla =
dfate)y restored II their 7mes, and allowed mir
ard impartial trial according Il, the nIovf. Inns ~
the constitution. FL thas, IL guilty. they may nc
cs'viettd ana luuisi. d. and II NIT guilty. that
c4:td
We will let War DeGocrlt answer This
plea for seccssionists. TIE Va>landish In
Denocfats Of Wisconsin, in State c7aver-
tot, 1ira:ed in suustaucu the same thing, il
an aeo1ess put forth to the people. NJ. Ii,
Ca1pe1,'er, esq, the Ablcst G=1no .ra'ic lsvyer
IN the State, tock issue with the doctrine Laid
Gown in ihs. address, proving 1t to be not
oils fa11acious 10 1aw, but the eflusioa Of dis
lo,al er, and altered in the interests:of tie
rebels.
There is one position rot argued, but as
santd, as premise, says Mr. Carpenter. 1t
is ,lis:
"Tle constitution Of the United States and
ths CONSTITUTION Of the seTerit States. pro5iae
alike fer all the exisencies Of peace u; home
sutrec:.ot."
The traisor Breckinridge, Shortly bsfo1c
joining thu rehel ar7,7, naaintainel In the SEP
ate sa. lu public spseches, substantially the
sa1Ic Coctr12g. And il he could haze con-
p1Ectd o'lc1e OF its sonndness, he pro5ah1r
won!d still have 1ema:ne;l il the Sea:te. aud
there have contributed more effective aid to
the South. fhxn lie eau with his sGord in the
Gc:u- Mr.. Ias.cey lately writing TO Eac 0 %:
p1s' in ole Ct tllc reyostsd States expressed his
suri .ise 81 the resources TIE Norta had been
able to command, and his utter astoniehm.ut
AID hczrer Ut the disresasd sho xn in Congress
ftr TIE constitution! This sounds oet,er IN a
traitors letter than in the address Of North
efn democratic convention, but comes to the
same practical end. It the constitution does
lrdted Froslcc "fer all the exig=ncies of
peate al tons and A5Eo.d, OF foreign war and
domts;ic tnsnrrcctiun," !h:n it is c,.ttaia that
the Soul b will succeed, il we heed the coosti
tuti'.u ard II would tend very mucn 10 hf7-
con5igt III. NcItA in :lis Contest to coayi.,ce
T.. II: 'lae: they wcr: daily violating The COZ
e. ut4EA lazy suIppstQ LEeS we're n$r011ny to
r:iu!&sn. hut fortunately for us, and for ali
that Is at st'ke in this CONTROVERSY. the doc.
1i11s i:ere annouIcel cant OF b. maintained.
Ihe G. Institution Il tie chart ct civ. govern
ment 2nd Sc such EroviCes tor the rzis;us Of
arn'lcs AID EaCles, and thas the president shaIl
oe comm snd1r ln.chcf, etc. all this Is part
tfthe .nachlntr1 Of the civil State. /; is not
ys15 c.rta:n ~ha: is meant hy s~pzoyiats t,r
all 1ae exigs nc1es OF foreign var" TIE I'd
dress 10 extremely general aud oracular a. tuls
Ft1ut- One Of the extge1ci=s Of foreign war
Placed Grn: Scott and bis artuy in the city Of
Mexico. Nos, Is it meant That the cons;i.u-
non pToV'des ior such case, and directs
eIeny's capital? II 1t means anything, it
mea1 this: and yet how unfuuuded is ttle as
str1ion. The constitution nowhere directs
Wien, where, or how blttle shalt be fought,
Ct city be taken; and If Gen. Scott Ind
1oo6c:s to Its provi=i ms, he would HI 7c found
LIT one word applicable to the subject; or
That any orc ever pretended was applicable.
When ourarmy marched to Mexico, it went. not
Under the constitution of the United St4tes.
tut uIder the l1w Of nations aud the usages OF
war; and had precisely the same 1ighrs aud
dItles as an army Of Grea. Britain OF Russia.
II the same situation The army in al enc
lny's country, or to quote the address, engaged
III q II rsjyn var, ncvtr tonsults the con5 Itu-
lion OF the civil State at hone; the army Of a
1tTntlic or of Eona1cay, or Of an absolute |
ect Fo:'s1o, conducts lis Campaigns By tue
same code; totally unaffected or the frame Of |
government which sent IL forth. And our con-
sutuilon has not prett bd.d to regulate or col-
trol The law II na.ioEs, or t. det3 3rln;ne the
usaEeb ut war; nor could il do so, If 1t had |
attempted Nla., then, is meant by tbs lau- |
eoa.c, the constitution pr.'vides tor all the |
t1igencies Of foreign war" ANY meaning |
ttat occurs is en1ir.ly uutounded in fact. Il |
j. is simply meant that the lrasne of the civil
state ard lis powers in mere civil m1tters re-
main the sanlc whether nSasea in war, or at
l'tacc, then tits may be CONCEDED; but tho |
concrt zion cannot aid the address-nor justify |
its dtductions- L. is true, That duying the
Mexican war, Congress Il I'd no DO xer to pass
u law respecting the establishment OF religion.
or c1eating title of nobility, more than it !
could iu tsine Of peace. But, manfest]y, this |
does LOT aid the deductions OF the address. |
In n.oIa'ch.es var Is declared aud conducted |
by the executive In the United States, the |
legislative department alone can declar. war,
cut Inc constitution does not take away from
Ine President the prosecution or management
u tie war. And any attempt by Congress to
control the active op:Fations of a campAiyu by
by uncol stitutiopal. This Is exclusively ih-
du Of tin. executive; aod thai, Iuo, whether
1hE war is foreign or domestic.
The constitution provides for instance, that !
70 nl:n stall be deprived Of life without due |
process Of aF. Does this provision apply to
killed until he is first tried by jury? rhen
every rebel slain on the battle held is mur-
dercd- 50 We E1ay take up tue provisions Of
the constitution one by one, and show that
20 orc OF them applies or rrsteuds to apply
outside tho conkti.u ion; the constitution
nakts preparation fer it, but Is silent as to its
management. It fn1n shes the instrumentli-
Lies, Tut dos not direct their use. Tn,s il as
'1ue CT domestic as Of foreign war. tn. con
sttutlon commands the president to take care
tbat me laWs are faithfully execu;et, and gives
nlna the a1my and navy Tor tnas purpose. Aud
the prtsldeht and the military and nlyll ct1i-
GERS under Lin must OF NECESSITY. isldxe in the
inst 1nstarcc, of the cxiEeuclcs OF the war,
and prosecute it in ell places till the principal
ohjrct oc accomplished. Tae po yer to arrest
Is as unooubtto es the po~cr to Kill. anu is
as rcctsslry an Exercise Of the war power.
Inc power to destroy property, il necessary
TO the successful proscecutipu Of the ,yar.
IS ot tue eAnle unduubted nature. Il Ii
worthy Of notice, that in the constitu-
tion the pro o'eciien Of life, lioer = and
property are u1iicd in the same pro vision. as
follows: No person shall ''be deprived Of |
Lie, liberty or property withou. due process |
ef lAw;' and III stand UPON the same footing |
so lar as this discussion is concerned an
e1c5cise of the war Pc ~er may sweep them ]
oil away; ard the constitution no more pro-
tends to protect cnc than the other, as against |
the war power. Would it be pretended tuat |
If spy came within tho military lines, under |
such circumstances Is arc forbidden by the |
ueages Of war, that the president, OF his ser
vants, could not arrest him without warrant?
ALd could it ulakc any difference that the spy.
RboEe character Was ciea,1g astrFlained.
should be found in one of the loyal :ates ]
suppose tho government should be Collecting
at C1nclLnati large force fora particular puf.
POSE; aud soloicr from the reotl Ir.ny
should be sent ia disguise within our camps
10 spy cut 1hc number, CONDITION aad dl.sirl,-
tion OF tue troors; would there be tue slight
eft doubt Of ,laa rig ght aud duty Of the pfesi-
dent OF bis military subordinates sumul srily
to arcs! such person, aud subject him to nil
italy 'r!al and pu. isnntent as spy?
LIT the address says. In most charming gen
the Executive to make arrests in the Ioyal
States. There are federal courts in al
the Stairs with full power and Jurisdiction to
punish all crimes against the United States.''
Again, suppose tue SUCCESS Of particular
campaign should bt found to depsud upon
entire sc,rtsy; yet ecme newspapers in New
York should I+rsist in publishing day after
day full particulars of all preparations s d
Isars ct tie campaign, thus acquaiating ite
r b. Is with the information necessary to ren-
DIR it failure. Would any man doubt that
this was. II done knowingly and wick-dly.
giving aid to the relellious Woull it not
under tuch circumstances be tie du'y Of the
president or his military agents or officers to
arrest such editor, aud SUI s5 such News
PAPER, with artillery. if it c,uld not other rise
he suppressed. Yet this address says,
itlent any qualification whatcver, "we
deny tue power Of the executive to tramnlel
the FREEDOM ct the press By tbs suppression
nt nntSknantra ~ .Sr