, 1862-04-09

eonie.1ing on the President war powers. tn
Go1st1fntion simply makes him Commando,
m;Smei h;stl 10, o1the Army and Navy when calledint
nor provide the other. As Commander-in
talef when an army is rutsed, In The absenc
Of any rules adopted By Congress for It's gov
e1nment, ne would have the right to contro
y Y lhe Prosecution Of the war; according t,
nl5 o1scrotlon, not violating the establishe.
rules q Civilized warfare, But he would no
nave Lae nght to contlscate enemy property
peCsuse FMS Is power which can only be eli
ercse0 IN pursuance OF an act Of Congxess
ana qoeg not belong to the Conmander~in
Cb1e', who, as such, couId only scize and hold
property which was visible and tangible til
tne end OF the War, when itwou1d revert to ltI
original owDer ~ All
The Constltution says, s.Congress'' mot tht
tsi;aen15 81 ;a shau have power to declare war
aad maintain Navy Story, in his etan' Com
menfaHes On the Constitution. says:
power te declare war is s7fusivs T. Con
s5s s5sFsIse of ~ the ordinary ghts Of belereats
enforce them. They may authorize tie seignre ~
Ana condemnation Of the property Of the enemy
sae ard he 1s.Sy 20 & t9e United
l. cuemy.'' ~ 1-"'0 soe u LIE
| - when armies and ngvies are raised by
congress, of which the President Is, by ths
constitution, made COMMANDMENTS Chief, he
.e can on1y T., govern and regulate them as Con
| says, "CoDgTcss shall have power to make
TUES 1or Tue government and regulation OF
TIE IaGd aud naval forces" As well Inipht Il
he FAD that. because the Constitution declares
I1a1 ihe PRESIDENT "ehal take care that the
aNs DC 1altnfuii9 executed he is therefore
not bound, in discharglng this duty, to con-
torn his action to the manner preEcribed h.,
congress, as that he can govern the armT a.
5e pleases, Irrespective Of the rules which
congress bus established.
IL has been the practice OF Congress.
aon..s noM .ae otganlzation Of the Government, to
INC mmJ. The first CONGRESS which met
uEoer the Constitution adopted the rules and
articles OF var for the government nf the
aa!tmy, rs they existed under the Confedsra-
Go,.a 11on ana oeiore We had President. Iu 1906,
1Ucns revised the rules and articles for the
government OF the armies of the United
9.a!es, s.sa N an act containing more than hun
o. ofed distinct articles, which, with few Var;a.
llons, are noF the laW, whereby the mode nf
organlz5ng, otieeringg, end governing the OH
sels and men Was regulated with great min
that ~s~A1i 20
NAn public stores taken in the encmy,e camn.
aomna; q 1mesgsznez whetheF of atery
- G c1olhtpg, forage OF provisions shall
nsse ~ sS ss5ss c Of 5as 1tsa
to be ansWerab1e.. N-'-A3N14o1-S o1test Is
surey me men who made and put into
operation the Constitution understood Yerv
Aiue o. us provisions when they passed such
asscrt;n,, a@ ~ thl Ih ny colleague isrght in his
vested in the President, in Tie eSesnt;ve a.. az
paltment Of the Government and Congress-
Ia Ia nc more right to touch them or exercise
5:ea1 tn1n 7 mas TO usurp and exercise the 1u-
tI'e alelai functions Of the Government" How
:e, tae senator IRON Pennsylvania who declared.
dent dent sacm st,ea. sen-eomPlacency, that the Prcsi
EoHeT, mat Nhe is the commander direct.
II ana controlling it as he p1eascs,' must be
shoeked at the Ignorance Of our fathers Of the
meaning OF the Constitution they had made.
tst1. m1en 4e 1eaos over the hundred aud one ar
article, which directs what is to be done With
me public stores taken in the cnemy's forts
ard camps. ~
J. The advocates for this arbitrary poFer in
tue President, without limitation or restraint
" ans hna, VII md as little support for the
assumption IN Judicial decisions as in the Com
ggtltntion and the practice Of the Government.
DOGS not my colleague know that all which he
4ootea from the opinion Of the court in the
ease OF L1ther rs: Borden had reference to the
power power OF the President in calling ont tic
anlaIa II snoordination to an act Of Congress,
uAnef ne Constitution Independent Of suchan
act: Does he not know that without such an
acl ne could not call forth man even to sun
press lhsufrection or repel invasion Huot,
tIeIeT nun TO the Constitution, which declares
~ ILL ,Congr1s1 shall have power to provide
Of the Union, suppress insurrection. ana renei
!! !nfaslo4;' .4 ihat It was Of the powers vested
IN the Preside1t BY virtue Of an act of Cnn.
gIess passed in pursuance Of this clause ofthe
Consutut1on, Of which the court spoke in the
GA.iasls q. Ieao Dy nay colleague. and not of the
pendent OF such an act, will be apparent from
a ghIce Ut part of the opinion Which nv col
league did not read. The court say:
Ihe 1ourth section Of the fourth article Of the
The Enited States provides that the
Union republican form Of government and aha1i ,aI
protect each Of them agaiuef INFUSION: aEd On tha
aIPea. lo4 of the Legislature or Of the Executive
domestic violence Under this article If ths Go5l
stitn.on rests with Congress to decide what
gcseinment sa 1a Is the established one IN State
mentioned article Of the Constitution nrnvidinr
G {6r cases Of domestic violence. It rested VIII
congress, N TOO, to determine upon the means prop
might, II they bad deemed it most adyisnble to do
% nave placed 1t In the power Of the co17t to de-
wdef m fhf Esdn had which
hnt congress Thought otherwise. and m innhf |
slsely and By the act Of February IS 1Tg5 tnro
'ao, ann a. n case ofaa ipsnFrecon IN any State
2s ;d me sdsnt OF the United States on applica
fon q the Legtalatz.e Of such State or Of tie e.
;c,eG ;cnrge = hg4 @ the Legislature cannot be con
'cneu, 70 eau forth such number Of the militia Of
~ unu;a nlate er states IS may be- applied for as
T. a may }ndEe m sufficient to suppress such nsurrec-
ne hy m'S @ dt he power Of deciding whether
As eAlkeAcy hao ar1aen upon which the Govern |
rent Of the United States il bound to Interfere is
'1Fen to the President ~ -
q, mat now becomes of this case as IN au.
hofatF to show that the President possesses
ne rhon ~as ~ power Nltaont any act of Congress,
Ehen nc court say "by this act" not By the
"the power OF deciding wheth-,
T ! the ea1gency lad arisan, sHpen which the |
1oFelHEaent. Of the United States is bound to |
ntef1efe, Is given to the President; ~ and that
congress might, if they had deemed it most
u'lsa9le u s 10 90 60, have placed it in the pow
+ r o. TIE court to decide when the coutiagcn-
: mad happened which required the Federal
government TO interfere9" BECAUSE the
curt in Z subsequent part Of theiropinior ar
ue TO shoW that the President, By virtue Of
~ El7n ounce, was proper person for Con-
insists that therefore he lad it from the con
litntloi% when the court expressly say he gets
lrom the act of Congress. hIy collearue' bT
aren't hetlcallg INSULTING few words in his
uo1a'ion OF detached sentences Of this opIn-
1n entirely peryeEts its meaning. This wfll,I
pscch some Of the quotations With the inter
oiations. Take the following: !
After tho President [not CongreeR1 has acted
~ eaca out the militia, Is circuit court Of the
seison s1stes Mas te inquire whether Is
taid tiat this power 1.-THE -war.power1 in the
,pstd.'' 'no LILY pe
1t will be observed that the words "pot
oD9ress' ard the words stthe war apoxer,' :
c interpretations. Now, the attion of the
resident and bis power here spoken Of were
le aetlon and power to call forth the militia t
ndeF act OF Congress, and not denial Of the {
,%ef o. Congress itself to do it, nor of :
tne war power as the interlopated pare2- =
tees would indicate. !
bnl, s1I, another decision Of the Supreme :
ouFt OF the United States disposes Of ali r
zee Questions, decides that the power of | e
, ,nnscatlon is vested in Congress and no. y
bsfc else, that tile President posscsses no E
ch po"ef under the law of nations, and that | /
= hlndefn uEage or la~ Of nations does not b
!tscn " It's oTn force constitute rule a
l1ch acts upon property except through the n
Fe9c}gn power, the legislature. I refer to il
z case Of Brown Us. The United States. re- .
'lled N CTaRch, tpage 110,) in which the t
urt say: +
= Respecting the power of the Government no t.
aot ~ Z entertained. That war gives to the eove-
gn l,n rght to take the persons and condscate
aed. Ths mitieations Of thia rigid rue, which :.
elete n t9 bR R1aGtise w more or less affect the
en That remains und1minished. and Wien fhe y
seleign authority shall choose to brinp it into =,
{ to IN 1hS tu4leia, Rei dPaEtent
.5 no. power bof M nn1a that T shau
=! VAT givsg an eqa.. skat over pe,,ona and :.