Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-07-08

the exten, or seasons Of these military necessi
ties. but % show. as he does conclusively. that
the determination OF them does not come within /
the range OF powers delegated 70 Congress.
IL + undoubtedly necessity that punishment
be meted out % the promoters aud authors OF this
rebellion. They have levied war against the
United States. and this treason-the punish
meut OF which is provided for In the Constitution;
and Congress can do il part in making the laws
efficient, but IL can not 20 beyond is legitimate
functions. IL Is not the sovereignty. IL has no
sovereign rights. IL can pass acts. and when
these acts are approved by the President they be-
come laws. These laws are binding. unless an
other power, the Supreme Court, declares them
10 be at war with the supreme law, the sovereign.
~. and then they are null and void. Abolition
members OF Congress seem 10 forget that they
are but parts OF Government, not the Govern
ment.
Senator Sumner practically ignores this in his
strange mOnOmaIIlac course, gang outside OF the
Constitution. This course is severely reprouated
by Senator Browning. We unable TO see
how the points. strongly put In the citation be-
low, can be oyerthrown. Let our columns attest
how earnestly We have maintained that the propo-
sitons OF Senator Sumner are anti Republican,:
but we have said nothing more severe than IS
said here by brother Republican. IN the just
charge that his proposition is-Rof 10 uphold our
Let u stand by the Constitution and fulfil its
pledge to guarantee 20 every State in this Union
a republican form of government. and 10 protect
each Of them against invasion" "and domestic
violence" Let US not be seduced "outside of the
Constitution" by any temptation, however strong.
and thus admit before the nation that IL has
failed in the purpose Of its creation, and that
We can no longer govern in accordance with is
provisions and requirements. The Senator's
Me-. SumnerSl proposition is not TO defend.
maintain and uphold the Government We have.
but TO reDd its pillars asunder and reconstruct
another from its ruins. In what does this
differ from the effort of our revoted and rebel
lious people but in the means proposed for its
cOmplishmentl
Admitting that in ga Government bound by
written Constitution nothing can be done which
is not in conformity with the Constitution"
the Senator insists that we shall 20 outside of
the Constitution to make his wishes accom-
plished facts.
Admitting that ono person shall be deprived Of
life. liberty, or property. without due process of
law" which means without presentment or other
judicial proceeding, ye: he urges upon Us, by a
simple act OF legislation. to sweep millions of
property from those over whom, as citizens, We
claim and exercise jurisdiction.
Admitting that "no attainder of treason shall
work corruption of blood or forfeiture. except
during the life of the person attanted," he yet
asserts that "there is nothing in the Constitution
TO forbid absolute forfeiture" for treason, and
urges that Congress shall at once proceed to con
fscate all the property. both real and personal, of
certain classes OF citizens OF the United States,
and that forever.
Admitting that "the reason for proceeding in
rem is THAT the thing is, in certain sense, an
offender or. at least, has co-operated with the of
fender. as i'm the of ship in the slave trade"
he yet maintains that proceedings ia rem may be
ever found, simply because it is their property
without any reference whatever to the uses to
which the property has oeen applied.
Admitting that persons captured in battle may
be detained prisoners till the close of the war;
unless previously released by exchange or elem
ency.' he vet contends that all prisoners taken
by our armies may instantly he handed to
the civil authorities, to be pursued and punished
as criminals.
Admitting that Congress has no power under
the Constitution over slavery in the States he
yet abOrs to prove the possession of tile power
by Congress, and presses upon to it, of de-
clarng free all the slaves in all the States of the
Union.
Mr.. Sumner must correct the Senator. Ny
speech was with regard to the Rebel States, not
in regard to all the States of the Union. made
no allusion to any State that not in rebellion.
Mr. MISUNDERSTANDING that Congress
has no power under he Constitution over slavery
in the States" the Senator yet labors to prove
the possession of the power by Congress, and
presses upon to it, OF declaring free all the
slaves in all the Rebel States of this Union, as he
now says.