The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1862-08-06

nature, and often incompatible with each other
- the war power and the peace power. The
peace power il limited by regulations, and re-
stricted by provisions, prescribed within the
Constitution itself. The war power is limited
only by the laws and ussges of nations. This
power s tremendous il ia strictly constitution.
al, but it breaks down every barrier so anxious
ly erected for the protection OF liberty, OF prop
erty, and of life"
There are, indeed, powers Of peace conferred
upon Congress which also come within the scope
and jurisdiction OF the laws OF nations; such
as the negotiation of treaties Of amity and com
merce, the interchange of public ministers and
consuls, and all the personal aud ocal inter-
course between the individual inhabitants of
the United States and foreign nations and the
Indian tribes, which require the interposition Of
any law but the powers OF war are all regulat-
ed by the laws Of nations and are subject to no
other Imitation"
at was upon this principle that / voted against
the resolution reported by the slavery commit
tee, that Congress possesses no constitutional
authority to interfere in any way with the in
stituton Of slavery in any of the States Of this
confederacy to which resolution most Of those
with whom usually concur in this House gave
their assent. do not admit that there is, even
among the peace powers of Congress, no such
authority 4; but in war there sIe many ways by
which Congress not only have the authority,
but are bound to interfere with the institution
Of slavery in the States. The existing law pro-
! hibting the importation of slaves into the Uni
ted States from foreign countries is itself an in
reference with the institution OF slavery in the
States. II was so considered by the founders OF
| the Constitution of the Uuited States in which
, it was stipulated that Congress should not in
terfere in that way with the institution prior to
the year 1905"
He then goes on to show how the war power
may be used:
"But the war power of Congress over the
| institution of slavery in the States is yet far
more extensive. Suppose the case of a servile
| war, complicated. as TO some extent it is even
now, with an Indian war; suppose Congress
we're called to raise armies, to supply money
from the whole Union to suppress serve in
! surrection would they have no authority to n-
terfere with the institution of slavery. The is
sue of servile war may be disastrous il may
become necessary for the master of the slave
| to recognize his emancipation by treaty of
peace can it for all instant be pretended that
| Congress, in such contingency, would have no
authority to interfere with the institution Of
slavery in any way in the States? Why, it
would be equivalent to saying that Congress
has no constitutional power to make peace. |
suppose q more portentous case, certainly with
in the bounds of possibility - would to God
could say not within the bounds of probability"
After concluding this part of his argument,
he points out with prophetic words the danger
of civil and servile war, and of the southern
States becoming "the battlefield upon which
the last great conflict will be fought between
slavery and emancipation" He says:
Do you imagine that your Congress will have
no constitutional authority to interfere with the
institution of slavery, in any way, in the States
of this ConfederacyY Sir, they must and will
interfere with il - perhaps to sustain it by war,
perhaps TO abolish it by treaties of peace and
they will not only possess the constitutional
power 40 to interfere, but they will be bound in
duty to do it by the express provisions of the
Constitution itself. From the instant that your
slavehoding States become the theater of war
civil servile, or foreign, from that instant the
war powers of Congress extend to interference
with the institution of slavery in every way by
which it can be interfered with from claim o
indemnity for slaves taken or destroyed to the
cession OF State burdened with slavery to
foreign Power"
If the laws of war laid down by Mr.. Adaml
be the admitted laws Of war, then, under tht
war power, Congress may not only confscat'
the property Of rebels and emancipste thei
slaves but it may do any act which the laws o
war, as recognized by civilized nations, will per
nit, to crush out this rebellion and restore thu
) Union. Blackstone says:
"The natural justice or forfeiture or confsca
: ton of property for treason is founded in thi
s consideration that he who has thus violate,
y the fundamental principles of government, am
: broken his part of the original contract betweei
~. king and people, hath abandoned his connection
u with society and hath no longer any right Il
!. those advantages which before belonged to hin
a purely as a member of the community"
d Professor Martens, in his work on the Law O
e Nations, in treating of this subject says that -
"The consueror has right to sei24 on tn
II property of the enemy, whether moYable or i'm
movable. These seizures may be made, frat, i
order to obtaip what he demands as his dne o
d equivalent; secondly, to deiray the ezpenssO q
the war thirdly, 10 ioroe the enemy to All eqnii
able peace fourthy to deter him, or by redu(
= ing his strength to hinder him, from repealin
q in future the injuries which have been the caus
of tie war"
When the United States vese engaged in
: war with Mexico, in 1886. Mr.. Marcy, who we
o then Secretary OF War, declared that -
Z "An invading army had the unquestione
right to draw is supplies from the enemy with
, out paying for them, and to require contrib,
!" tions for its support, and thus make the enem
g feel the weight of the war"
ID Judge Sprague, in his learned opinion in II
g case of the Amy Warwick, decided in the IN
ted States 3iatric. cog;t .or ,le alstt,at Of Mas
y aQhugetts IN February last, says
" " In war each helligerent msy seize and co
l. fscate all the property of the enemy wherev'
a. found, and this right extends to the properly
all persons resident in the enemys country"
w. Our right TO contscate the properly and eT
n, nncipste the slave OF public enemy being co
I'd cedpd, tt sepRis TO ne that justice demards tn
ia we nse the power to the fullest extent, so as
of secure "iudemnity for the past and security
De the futqrp.a
he FnF su.TIGY Of GeSFlsG4TlOs.
ts The war poser NJ Congress under ihe Opps
tuition being then authoFitstiVelY setrei, i nc
pEopeed ta consider very briefly the justice
the proposed coufscstion acts.
y. Mr.. Speaker, it appears to me that iuatice
mands, while We are taxing the loyal citizens
80 the nation, to pay the expense of putting do,
o. this formidable rebellion, We should use all t
M. power We possess to compel the rebels to p
their proportion OF the expense. This wo,
seem 10 be the least that even the rebels the
ne, selves could esf. r combination of citiEe
~. eptar into 9 conspiracy sgapst the Goyernme
ate they take upon themselves all the oonseausn'
The ot ,bei, rah.l,iouo aots and n thew fail n a.
,si. not lie with them to complain OF the action
of the Government against which they rebell
M Having established a rebelfous and trator(
-. government, in open violation OF the ConSti
or ton, which declares that -
of "This Constitution, and the laws Of the [
sti- ted States which shall be made in pursusI
,an thereof, and all treaties made, which shall
ty made, under the authority of the United Stat
of shall be the supreme law of the land, and
wv judges in every State shall be bound there